text:
Citation and commencement
1
These Regulations may be cited as the Disclosure of Interests in Shares (Amendment) Regulations 1993 and shall come into force on the sixtieth day after the day on which they are made.
Amendments of Part VI of the Companies Act 1985
2
Part VI of the Companies Act 1985 shall be amended in accordance with regulations 3 to 9 below.
Section 198
3
In section 198, in subsection (1), for the words “of the interests which he has, or had” there shall be substituted “with respect to his interests (if any)”.
Section 199
4
1
In section 199, for subsection (2) there shall be substituted the following subsections —
2
Where a person is interested in shares comprised in relevant share capital, then —
a
if in some or all of those shares he has interests which are material interests, he has a notifiable interest at any time when the aggregate nominal value of the shares in which those material interests subsist is equal to or more than 3 per cent. of the nominal value of that share capital; and
b
he has a notifiable interest at any time when, not having such an interest by virtue of paragraph (a), the aggregate nominal value of the shares in which he has interests (whether or not including material interests) is equal to or more than 10 per cent. of the nominal value of the relevant share capital.
2A
For the purposes of this Part, a material interest is any interest other than —
a
an interest which a person authorised to manage investments belonging to another has by virtue of having the management of such investments under an agreement in or evidenced in writing;
b
an interest which a person has by virtue of being the operator of —
i
an authorised unit trust scheme;
ii
a recognised scheme; or
iii
a UCITS (as defined in subsection (8));
c
an interest in shares in a listed company which, if that company were not listed, would fall to be disregarded by virtue of section 209(10); or
d
an interest of another which a person is taken to have by virtue of the application of section 203 or 205, where the interest of that other person falls within paragraph (a), (b) or (c).
2
In subsection (5) of that section, after the words “section 198(1)” there shall be inserted “or (3)”.
3
After subsection (5) of that section there shall be inserted the following subsections —
6
For the purposes of subsection (2A), a person is authorised to manage investments belonging to another if —
a
he is an authorised person under Chapter III of Part I of the Financial Services Act 1986 and may manage that other’s investments without contravening any prohibition mentioned in subsection (7); or
b
it is an authorised credit institution which may manage that other’s investments without being in breach of its authorisation.
7
The prohibitions referred to in subsection (6)(a) are —
a
any prohibition contained in rules —
i
which make provision of a description mentioned in section 48(2)(a) and (b) of the Financial Services Act 1986; and
ii
which are made by the Secretary of State, the Treasury, a designated agency, a recognised professional body or a recognised self-regulating organisation; and
b
any prohibition imposed under section 65 of that Act.
8
In this Part “UCITS” means a collective investment scheme which —
a
is constituted in a member State other than the United Kingdom, and
b
complies with the conditions necessary for it to enjoy the rights conferred by Council Directive 85/611/ EEC co-ordinating the laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities;
and subsection (8) of section 86 of the Financial Services Act 1986 (meaning of “constituted in a member State”) applies for the purposes of paragraph (a) of this subsection as it applies for the purposes of that section.
Section 200
5
For section 200 there shall be substituted the following section —
“Percentage level” in relation to notifiable interests.
200
1
Subject to the qualifications mentioned below, “percentage level”, in section 199(5)(b), means the percentage figure found by expressing the aggregate nominal value of all the shares comprised in the share capital concerned in which the person has material interests immediately before or (as the case may be) immediately after the relevant time as a percentage of the nominal value of that share capital and rounding that figure down, if it is not a whole number, to the next whole number.
2
In relation to a notifiable interest which a person has when the aggregate nominal value of the shares in which he is interested is equal to or more than 10 per cent. of the nominal value of that relevant share capital, subsection (1) shall have effect as if for the words “has material interests” there were substituted “is interested”.
3
Where the nominal value of the share capital is greater immediately after the relevant time than it was immediately before, the percentage level of the person’s interest immediately before (as well as immediately after) that time is determined by reference to the larger amount.
.
Section 202
6
1
In section 202, in subsection (2), for paragraph (a) there shall be substituted the following paragraph —
a
subject to subsections (2A) and (2B), state the number of shares comprised in that share capital in which the person making the notification knows he had material interests immediately after the time when the obligation arose, or
2
After that subsection there shall be inserted the following subsections —
2A
Where, immediately after the relevant time, the aggregate nominal value of the shares in which the person making the notification is interested is equal to or more than 10 per cent. of the nominal value of that relevant share capital, subsection (2)(a) shall have effect as if for the words “had material interests” there were substituted “was interested”.
2B
Nothing in subsection (2) or (2A) requires a notification to state, in relation to any shares, whether the interest of the person making the notification is (or is not) a material interest.
.
Section 206
7
1
In section 206, in subsection (3), in paragraph (a), for the words “if he were under the obligation of disclosure with respect to that interest” there shall be substituted “if he were under the wide obligation of disclosure with respect to that interest” and after paragraph (b) there shall be inserted —
and
c
except in the circumstance mentioned in subsection (3A), the number of shares (if any) out of the number given under paragraph (a) in which he knows that, immediately after the time when the obligation to give the notice arose, he had interests (apart from the agreement) which were not material interests.
2
After section 206(3) there shall be inserted the following subsections —
3A
The circumstance referred to in subsection (3)(c) is that the aggregate nominal value of the shares comprised in relevant share capital in which the person is interested (apart from the agreement) is equal to or more than 10 per cent. of the nominal value of the relevant share capital.
3B
For the purposes of subsection (3)(a) “the wide obligation of disclosure” means the obligation to disclose the number of shares in which the person concerned has any interest (material or otherwise).
.
Section 209
8
For section 209 there shall be substituted the following section —
Interests to be disregarded.
209
1
Subject to subsections (5) and (6), the following interests in shares are disregarded for the purposes of sections 198 to 202 —
a
where property is held on trust and an interest in shares is comprised in that property, an interest of a person, being a discretionary interest or an interest in reversion or remainder or an interest of a bare trustee;
b
an interest which a person has by virtue of holding units in —
i
an authorised unit trust scheme;
ii
a recognised scheme; or
iii
a UCITS;
c
an interest of a person which is an exempt security interest within the meaning of subsection (2);
d
an interest which a person has by virtue of his being a beneficiary under a retirement benefits scheme as defined in section 611 of the Income and Corporation Taxes Act 1988 ;
e
an interest which a person has in shares as a result of the acceptance of a takeover offer made by him (either alone or jointly with one or more other persons) for shares where —
i
the offer is subject to a threshold acceptance condition; and
ii
the threshold acceptance condition is not fulfilled;
f
an interest of a person which is an exempt custodian interest within the meaning of subsection (4);
g
an interest which a person has by virtue of his being a personal representative of any estate;
h
an interest which a person has —
i
by virtue of his being a trustee of an authorised unit trust scheme, or
ii
in relation to a recognised scheme or a UCITS, by virtue of his being entrusted with the custody of the property in question (whether or not under a trust).
2
An interest in shares is an exempt security interest for the purposes of subsection (1)(c) —
a
if it is held by a person who is —
i
a person authorised under Part I of the Banking Act 1987 , an authorised credit institution, a person authorised under the law of a member State other than the United Kingdom to accept deposits who would, if he were to accept such deposits in the United Kingdom require authorisation under Part I of that Act, or an authorised insurance undertaking; or
ii
a person authorised under the law of a member State to deal in securities, who deals in securities on a relevant stock exchange, whether as a member or otherwise; or
iii
a relevant investment exchange or a recognised clearing house; or
b
if it is held by the Bank of England or by the central bank of a member State other than the United Kingdom;
and it is held by way of security only for the purposes of a transaction entered into in the ordinary course of his or its business as such a person.
3
For the purposes of subsection (1)(e) —
a
“takeover offer” has the same meaning as in Part XIIIA; and
b
“a threshold acceptance condition” means a condition that acceptances are received in respect of such proportion of the shares for which the takeover offer is made as is specified in or determined in accordance with the terms of the takeover offer.
4
For the purposes of subsection (1)(f) an interest of a person is an exempt custodian interest if it is held by him —
a
as a custodian (whether under a trust or by a contract); or
b
under an arrangement pursuant to which he has issued, or is to issue, depositary receipts in respect of the shares concerned.
5
An interest referred to in any paragraph of subsection (1) (except for paragraph (c)) is disregarded only if the person referred to in the relevant paragraph or in subsection (4) is not entitled to exercise or control the exercise of voting rights in respect of the shares concerned; and for this purpose he is not so entitled if he is bound (whether by contract or otherwise) not to exercise the voting rights, or not to exercise them otherwise than in accordance with the instructions of another.
6
In the case of an interest referred to in paragraph (c) of subsection (1), an interest of a person referred to in subsection (2) is disregarded only if that person —
a
is not entitled (within the meaning of subsection (5)) to exercise or control the exercise of voting rights in respect of the shares concerned; or
b
is so entitled, but has not evidenced any intention to exercise them or control their exercise nor taken any step to do so.
7
For the purposes of subsections (5) and (6), voting rights which a person is entitled to exercise or of which he is entitled to control the exercise only in certain circumstances shall be taken into account only when the circumstances have arisen and for so long as they continue to obtain.
8
An interest in shares of a company is also disregarded for the purposes of sections 198 to 202 —
a
if it is held by a market maker in securities or derivatives for the purposes of his business, but
b
only in so far as it is not used by him for the purpose of intervening in the management of the company.
9
For the purposes of subsection (8) a person is a market maker in securities or derivatives if —
a
he is authorised under the law of a member State to deal in securities or derivatives and so deals on a relevant stock exchange or on a relevant investment exchange (whether as a member or otherwise); and
b
he holds himself out at all normal times as willing to acquire and dispose of securities or derivatives at prices specified by him and in so doing is subject to the rules of that exchange;
and he holds an interest for the purposes of his business if he holds it for the purposes of a business carried on by him as a market maker in a member State.
10
The following interests in shares in a public company which is not listed are also disregarded for the purposes of sections 198 to 202 —
a
an interest which subsists by virtue of —
i
a scheme made under section 24 or 25 of the Charities Act 1993 , section 25 of the Charities Act (Northern Ireland) 1964 , section 11 of the Trustee Investments Act 1961 or section 42 of the Administration of Justice Act 1982 , or
ii
the scheme set out in the Schedule to the Church Funds Investment Measure 1958 ;
b
an interest of the Church of Scotland General Trustees or of the Church of Scotland Trust in shares held by them or of any other person in shares held by those Trustees or that Trust otherwise than as simple trustees;
c
an interest for the life of himself or another of a person under a settlement in the case of which the property comprised in the settlement consists of or includes shares, and the conditions mentioned in subsection (11) are satisfied;
d
an interest of the President of the Family Division of the High Court subsisting by virtue of section 9 of the Administration of Estates Act 1925 ;
e
an interest of the Accountant General of the Supreme Court in shares held by him;
f
an interest of the Public Trustee;
g
an interest of the Probate Judge subsisting by virtue of section 3 of the Administration of Estates Act (Northern Ireland) 1955 .
11
The conditions referred to in subsection (10)(c) are, in relation to a settlement —
a
that it is irrevocable, and
b
that the settlor (within the meaning of section 670 of the Income and Corporation Taxes Act 1988) has no interest in any income arising under, or property comprised in, the settlement.
12
A person is not by virtue of section 208(4)(b) taken to be interested in shares by reason only that he has been appointed a proxy to vote at a specified meeting of a company or of any class of its members and at any adjournment of that meeting, or has been appointed by a corporation to act as its representative at any meeting of a company or of any class of its members.
13
In the application of subsection (1)(a) to property held on trust according to the law of Scotland, for the words “or remainder or an interest of a bare trustee” there shall be substituted “or in fee or an interest of a simple trustee”.
.
Section 220
9
In section 220, for subsection (1) there shall be substituted the following subsection —
1
In this Part of this Act —
“associated index”, in relation to a register, means the index kept in relation to that register in pursuance of section 211(6);
“authorised credit institution” means a credit institution as defined in Article 1 of Council Directive 77/780/EEC which is authorised to carry on the business of a credit institution by a competent authority of a member State other than the United Kingdom;
“authorised insurance undertaking” means an insurance undertaking which has been authorised in accordance with Article 6 or 23 of Council Directive 73/239/EEC or Article 6 or 27 of Council Directive 79/267/EEC , or is authorised under the law of a member State to carry on insurance business restricted to re-insurance;
“authorised unit trust scheme” has the same meaning as in Chapter VIII of Part I of the Financial Services Act 1986;
“depositary receipt” means a certificate or other record (whether or not in the form of a document) —
which is issued by or on behalf of a person who holds shares or who holds evidence of the right to receive shares, or has an interest in shares, in a particular company; and
which evidences or acknowledges that another person is entitled to rights in relation to those shares or shares of the same kind, which shall include the right to receive such shares (or evidence of the right to receive such shares) from the person mentioned in paragraph (a);
“derivatives” means —
options to acquire or dispose of shares; and
rights under a contract falling within paragraph 8 of Schedule 1 to the Financial Services Act 1986 (futures), where the property in question is shares;
“designated agency” has the same meaning as in the Financial Services Act 1986;
“listed company” means a company any of the shares in which are officially listed on a relevant stock exchange and “listed” shall be construed accordingly;
“material interest” shall be construed in accordance with section 199(2A);
“operator”, in relation to a collective investment scheme, shall be construed in accordance with section 75(8) of the Financial Services Act 1986;
“recognised clearing house”, “recognised professional body”, “recognised scheme”, and “recognised self-regulating organisation” have the same meaning as in the Financial Services Act 1986;
“register of interests in shares” means the register kept in pursuance of section 211 including, except where the context otherwise requires, that part of the register kept in pursuance of section 213;
“relevant investment exchange” means an exchange situated or operating in a member State on which derivatives are traded;
“relevant share capital” has the meaning given by section 198(2);
“relevant stock exchange” means a stock exchange situated or operating in a member State;
“UCITS” has the meaning given by section 199(8);
“units” has the same meaning as in section 75 of the Financial Services Act 1986.
Revocations
10
1
The following Regulations are hereby revoked —
a
the Public Companies (Disclosure of Interests in Shares) (Exclusions) Regulations 1982 ; and
b
the Public Companies (Disclosure of Interests in Shares) (Investment Management Exclusion) Regulations 1988 .
2
In the Banking Coordination (Second Council Directive) Regulations 1992 , in Schedule 10, paragraph 48 is hereby revoked.
Transitional provisions
11
1
In this regulation “commencement” means the commencement of these Regulations.
2
Where a person —
a
has a notifiable interest immediately after commencement, but did not have such an interest immediately before commencement, or
b
had a notifiable interest immediately before commencement, but does not have such an interest immediately after commencement, or
c
had a notifiable interest immediately before commencement and has such an interest immediately after commencement but the percentage levels of his interest immediately before and immediately after commencement are not the same,
then he comes under an obligation to notify the company with respect to the interest which he has or had in its shares; and the provisions of Part VI of the Companies Act 1985 shall apply as if that obligation arose under section 198 of that Act.
N. Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
20th July 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Miscellaneous Amendments) Regulations 1993 and shall come into force on 30th November 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 19 of the principal Regulations
2
In paragraph (1) of regulation 19 of the principal Regulations (payments to be disregarded) , after sub-paragraph (q) there shall be added the following sub-paragraph —
r
a payment of, or contribution towards meeting, a person’s liability for council tax in respect of accommodation occupied by him and which is provided for him by reason of his employment where, by virtue of section 145(4) of the Income and Corporation Taxes Act 1988 (living accommodation provided for employee) , he is not liable to income tax under Schedule E in respect of such provision .
.
Amendment of section 10 of the Social Security Contributions and Benefits Act 1992
3
In section 10 of the Social Security Contributions and Benefits Act 1992 (Class 1A contributions) , in subsection (6)(b)(i) the words “section 158(5) of that Act and” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
3rd November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Town (Cumbernauld) Winding Up Order 1993 and shall come into force on 1st January 1994.
2
In this Order–
“development corporation” means the Cumbernauld Development Corporation established by the New Town (Cumbernauld) (Development Corporation) Order 1956 ;
“ Special Development Order ” means the Town and Country Planning (Scotland) (New Town of Cumbernauld) (Special Development) Order 1973 .
Winding up of the development corporation
2
The development corporation shall be wound up and the winding up shall–
a
commence on 1st January 1994; and
b
be completed by 31st December 1996.
Interim reports by the development corporation
3
The development corporation shall make an interim report to the Secretary of State on the progress of the winding up–
a
for the period commencing on 1st January 1994 and ending on 31st March 1994;
b
for the period commencing on 1st April 1994 and ending on 31st March 1995; and
c
for the period commencing on 1st April 1995 and ending on 31st March 1996,
and, in relation to each of the said periods, the development corporation shall submit the report to the Secretary of State by 30th June in the relevant year.
Directions
4
The development corporation shall comply with any directions made in relation to it by the Secretary of State under section 36C of the New Towns (Scotland) Act 1968 .
Revocation of the Special Development Order
5
On 31st March 1996 the Special Development Order is hereby revoked.
Consequential and ancillary provision
6
Notwithstanding article 5 above, where any development was authorised development within the meaning of article 3(2) and (3) of the Special Development Order by virtue of an authorisation in writing issued by the development corporation on or before 31st March 1996, or would have been such development if carried out on or before that date, the carrying out of that development by such persons as are mentioned in the said article 3(2) shall by virtue hereof be permitted during the period beginning with 1st April 1996 and ending with 31st March 2001 subject to limitations and conditions (so far as applicable to that development) corresponding to those contained in the said Order.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
8th December 1993


text:
Citation and commencement
1
This Order may be cited as the Hinchingbrooke Health Care National Health Service Trust Dissolution Order 1993 and shall come into force on 1st April 1993.
Dissolution of NHS Trust
2
The Hinchingbrooke Health Care National Health Service Trust is hereby dissolved and accordingly the Hinchingbrooke Health Care National Health Service Trust (Establishment) Order 1991 is hereby revoked.
Virginia Bottomley,
Secretary of State for Health
22nd March 1993


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) (Amendment) Regulations 1993 and shall come into force on 25th June 1993.
Amendment
2
The Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990( ) shall be amended as follows–
a
in regulation 2(1) (interpretation) after the definition of “health inspection and control exercise” there shall be inserted–
“livestock unit” means 1 bovine or soliped, 3 swine or 7 sheep or goats;
;
b
in regulation 4 (calculation of charges for health inspection and control exercises carried out at a slaughterhouse) in paragraph (3), for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
an amount not exceeding that real cost; and that real cost shall not exceed–
i
£40 for the first four livestock units presented on the same occasion for inspection, and
ii
£6.30 for each additional livestock unit also presented on that same occasion for inspection; or
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State for Health
18th May 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th May 1993
David Hunt
Secretary of State for Wales
24th May 1993


text:
1
These Regulations may be cited as the Retention of Registration Marks 1992 (Amendment) Regulations 1993, and shall come into force on 1st May 1993.
2
The Retention of Registration Marks Regulations 1992 shall be amended so that after regulation 1 there is inserted the following regulation
1A
The following provisions of these Regulations shall apply only where an application for the grant of a right of retention is made before 1st May 1993.
.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
1st April 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Regions) Amendment Order 1993 and shall come into force on 1st April 1993.
2
In this Order, “the 1981 Order ” means the National Health Service (Determination of Regions) Order 1981 .
Variation of regions
2
North West Thames Region is varied by excluding, and South West Thames Region is varied by including, the borough of Spelthorne in the county of Surrey.
Amendment of the 1981 Order
3
1
In article 2 of the 1981 Order the words from “, references therein to wards” to “Order 1978” shall be omitted.
2
In consequence of the variation of regions effected by article 2 of this Order, in column (3) of the Schedule to the 1981 Order —
a
in the entry relating to North West Thames Region the words from “and, in the county” to the end of the entry shall be omitted;
b
in the entry relating to South West Thames Region the words “(except the borough of Spelthorne)” shall be omitted.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Easington Lagoons (Area of Special Protection) (No.2) Order 1993 and shall come into force on 6th September 1993.
2
In this Order —
“the Easington Lagoons Second Area of Special Protection” means the area specified in the Schedule to this Order;
“the deposited map” means the map marked “Map referred to in the Easington Lagoons (Area of Special Protection) (No.2) Order 1993 and signed by an Under Secretary in the Department of the Environment, which has been prepared in duplicate and of which one copy has been deposited, and is available for inspection, at the offices of the Holderness Borough Council, and the other has been deposited, and is available for inspection, at the offices of the Secretary of State for the Environment.”
Area of special protection
2
The area specified in the Schedule to this Order shall be an area of special protection for Little Terns (sterna albifrons).
Prohibition of entry
3
Any person who enters into the Easington Lagoons Second Area of Special Protection between 1st April and 31st August (inclusive of those dates) in any year shall be guilty of an offence under section 3 of the Wildlife and Countryside Act 1981 and liable to a special penalty.
Signed by authority of the Secretary of State
R. J. A. Sharp
An Under Secretary in the
Department of the Environment
16th August 1993


text:
1
This Order may be cited as the Education (PCFC and UFC Staff) Order 1993 and shall come into force on 1st April 1993.
2
The persons employed by the Polytechnics and Colleges Funding Council or by the Universities Funding Council and listed in the Schedule to this Order are hereby designated for transfer under section 63 of the Further and Higher Education Act 1992 to the employment of the Higher Education Funding Council for England on 1st April 1993.


text:
Citation and commencement
1
These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) Regulations 1993 and shall come into force on 1st November 1993.
Amendments
2
1
The Appendix to the Leasehold Reform (Notices) Regulations 1967 is amended in accordance with the following provisions of this regulation.
2
In Form 1 (notice of leaseholder’s claim) —
a
for paragraphs 3 and 4 of the Schedule substitute —
Note 7. 3. Particulars of the tenancy of the house and premises sufficient to identify the instrument creating the tenancy and to show that the tenancy is and has at the material times been a long tenancy or treated as a long tenancy. Note 7A. 4. Particulars of the tenancy of the house and premises sufficient to show that the tenancy is and has at the material times been a tenancy at a low rent or treated as a tenancy at a low rent.
;
b
after paragraph 6 insert —
Note 7B. 6A. Additional particulars sufficient to show that the value of the house and premises does not exceed the applicable financial limit specified in section 1(1)(a)(i) or (ii), (5) or (6) of the Act. (These are not required where the right to have the freehold is claimed in reliance on any one or more of the provisions in section 1A or 1B of the Act.) Note 7C. 6B. Additional particulars sufficient to show whether the house and premises are to be valued in accordance with section 9(1) or section 9(1A) of the Act. (These are not required where the right to have the freehold is claimed in reliance on any one or more of the provisions in section 1A or 1B of the Act.)
; and
c
at the end of Note 7 insert —
In addition to the provisions of section 3 of the Act, section 174(a) of the Housing Act 1985 provides for certain tenancies granted pursuant to the right to buy to be treated as long tenancies. Section 1B of the Act also provides for certain tenancies terminable on death or marriage to be long tenancies for the limited right described in Note 7B.
7A. In addition to the provisions of section 4 of the Act, section 174(b) of the Housing Act 1985 provides for certain shared ownership leases granted pursuant to the right to buy to be treated as tenancies at a low rent. Section 1A(2) of the Act also provides for certain tenancies to be treated as tenancies at a low rent for the limited right described in Note 7B.
7B. A claimant who relies on any one or more of the provisions in section 1A or 1B of the Act has the right to have the freehold at a price determined in accordance with section 9(1C) of the Act, but not the right to have an extended lease. Section 1A(1) applies to a tenancy of a house and premises the value of which exceeds the applicable financial limit. (Sections 1A(2) and 1B are described in Notes 7A and 7 respectively.)
7C. If section 175 of the Housing Act 1985 (leases granted pursuant to the right to buy etc. ) applies to a tenancy, the price payable for the house and premises is not determined in accordance with section 9(1).
.
3
In Form 3 (notice of leaseholder’s claim under section 28(1)(b)(ii)) —
a
for paragraphs 3 and 4 of the Schedule substitute —
Note 5. 3. Particulars of the tenancy of the house and premises sufficient to identify the instrument creating the tenancy and to show that the tenancy is and has at the material times been a long tenancy, or treated as a long tenancy. Note 5A. 4. Particulars of the tenancy of the house and premises sufficient to show that the tenancy is and has at the material times been a tenancy at a low rent, or treated as a tenancy at a low rent.
;
b
after paragraph 6 of the Schedule insert —
Note 5B. 6A. Additional particulars sufficient to show that the value of the house and premises does not exceed the applicable financial limit specified in section 1(1)(a)(i) or (ii), (5) or (6) of the Act. (These are not required where the right to acquire the freehold is claimed in reliance on any one or more of the provisions in section 1A or 1B of the Act.) Note 5C. 6B. Additional particulars sufficient to show whether the house and premises are to be valued in accordance with section 9(1) or section 9(1A) of the Act. (These are not required where the right to acquire the freehold is claimed in reliance on any one or more of the provisions in section 1A or 1B of the Act.)
;and
c
at the end of Note 5 insert —
In addition to the provisions of section 3 of the Act, section 174(a) of the Housing Act 1985 provides for certain tenancies granted pursuant to the right to buy to be treated as long tenancies. Section 1B of the Act also provides for certain tenancies terminable on death or marriage to be long tenancies for the limited right described in Note 5B.
5A. In addition to the provisions of section 4 of the Act, section 174(b) of the Housing Act 1985 provides for certain shared ownership leases granted pursuant to the right to buy to be treated as tenancies at a low rent. Section 1A(2) of the Act also provides for certain tenancies to be treated as tenancies at a low rent for the limited right described in Note 5B.
5B. A claimant who relies on any one or more of the provisions in section 1A or 1B of the Act has the right to have the freehold at a price determined in accordance with section 9(1C) of the Act, but not the right to have an extended lease. Section 1A(1) applies to a tenancy of a house and premises the value of which exceeds the applicable financial limit. (Sections 1A(2) and 1 B are described in Notes 5A and 5 respectively.)
5C. If section 175 of the Housing Act 1985 (leases granted pursuant to the right to buy etc.) applies to a tenancy, the price payable for the house and premises is not determined in accordance with section 9(1).
.
Transitional
4
These Regulations shall not apply in a case where a notice under section 8 or 14 of the Leasehold Reform Act 1967 (tenant’s notice of desire to have the freehold or an extended lease) was given before these Regulations come into force.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
30th September 1993
John Redwood
Secretary of State for Wales
30th September 1993


text:
1
On the operative date:
a
each of the lengths of trunk road described in the Schedule to this Order and shown on the deposited plan by broad striped hatching, and given the reference letter opposite its description in that schedule, shall cease to be a trunk road;
b
the lengths of trunk road given the reference letters A and B shall each be classified as a classified road;
c
the length of trunk road given the reference letter C shall be classified as a principal road.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“classified Road” as a classification for a highway, means that the highway is not a principal road for the purpose 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
“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;
iii
“the deposited plan” means the plan numbered HA10/EM83 marked “The A6 Trunk Road (Rushden and Higham Ferrers 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;
iv
“the operative date” means the date on which the Secretary of State notifies the County Council of Northamptonshire that the trunk road to be constructed by the Secretary of State in pursuance of the A6 Trunk Road (Rushden and Higham Ferrers Bypass) Order 1993 is open for through traffic.
3
This Order shall come into force on 27th January 1994 and may be cited as the A6 Trunk Road (Rushden and Higham Ferrers Bypass) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region,
Department of Transport
14th December 1993


text:
Citation and commencement
1
1
This Order may be cited as the Bromley and Greenwich (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 Bromley or to Greenwich is a reference to the London borough of that name;
“the map” means one or more of the 6 maps prepared by the Department of the Environment, marked “Maps of the Bromley and Greenwich (London Borough Boundaries) Order 1993”, 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 Bromley to Greenwich
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Bromley, and from the ward named in column 3 to —
a
Greenwich;
b
the ward mentioned in column 4;
c
the South Eastern petty sessional division; and to
d
the Inner South London coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Bromley, and from the following ward — To Greenwich, to the following ward —
G 4 Chislehurst Coldharbour B 6 Chislehurst New Eltham F 3 & 4 Mottingham Coldharbour A 1 Mottingham Middle Park C 2 Mottingham Tarn
Transfers from Greenwich to Bromley
4
Each area which is marked as shown in column 1 of the following table on the map indicated in column 2 shall be transferred from Greenwich, and from the ward named in column 3 to —
a
Bromley;
b
the ward mentioned in column 4;
c
the Bromley petty sessional division; and to
d
the Southern London coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Greenwich, and from the following ward — To Bromley, and to the following ward —
H A & B C 4 5 6 Coldharbour Chislehurst B A 1 2 Middle Park Mottingham A 6 New Eltham Chislehurst B D 2 2 & 3 Tarn Mottingham
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
6th May 1993


text:
1
These Regulations may be cited as the National Savings Stock Register (Amendment) (No. 2) Regulations 1993 and shall come into force on 5th January 1994.
2
The National Saving Stock Register Regulations 1976 shall be amended in regulation 42(1) by substituting for the figure “£25,000” the figure “£50,000”.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
14th December 1993


text:
1
These Regulations may be cited as the Personal Protective Equipment (EC Directive) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
1
The Personal Protective Equipment (EC Directive) Regulations 1992 (“the principal Regulations”) and Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 shall have effect as if references therein to Council Directive 89/686/ EEC of 21st December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (in the principal Regulations and in these Regulations referred to as “the Directive”) were references to the Directive as amended by Council Directive 93/95/EEC of 29th October 1993 amending the Directive .
2
The copy of the Directive printed in the Schedule to the principal Regulations shall be read as if it were amended as provided in the Schedule to these Regulations.
3
In regulation 3(4) of the principal Regulations, the words from “and no action” to the end shall be omitted. Patrick McLoughlin Parliamentary Under-Secretary of State 8th December 1993Department of Trade and Industry


text:
PART I
INTERPRETATION AND APPLICATION
Citation and commencement
1
These Regulations may be cited as the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993 and shall come into force on 1st April 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“appoint” means appoint in writing with a written statement summarising the authority and responsibilities of any person in respect of whom that word is used and “appointed” and “appointment” shall be construed accordingly;
“approved” means approved in writing for the time being by the Health and Safety Executive or (except in the case of regulation 4(4)(a)) conforming with a standard so approved;
“attendant” means any person appointed to work in an explosives store or at a place designated by the manager pursuant to regulation 7(3);
“carriage”means–
any vehicle specially constructed for carrying explosives; or
any skip specially constructed for carrying explosives by monorail, freesteered vehicle or other form of mine transport;
“container” means any container designed to hold explosives, detonators or primed cartridges, but does not include a carriage;
“the danger zone” means the area within which persons would be at risk were the shot or round of shots concerned to be fired (including any place into which the shot or round of shots may blow);
“designated” means designated in writing;
“detonator” means any instantaneous or delay intiator for explosives and itself containing a charge of explosives fired by means of an electric current;
“exploder” means any electrical apparatus designed and constructed for initiating detonators;
“explosives” means–
any solid or liquid substance or any mixture of solid or liquid substances or both (except when confined within an article) which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions; or
any article (except a detonator) containing any substance or mixture such as is described in sub-paragraph (a) above;
“explosives store” means any place situated above ground, being–
premises registered in accordance with section 21 of the Explosives Act 1875 (“the 1875 Act ”);
a magazine licensed in accordance with sections 6 to 8 of the 1875 Act; or
a store licensed in accordance with section 15 of the 1875 Act;
“firedamp” means any flammable gas or any flammable mixture of gases occurring naturally in a mine;
“maintained” means maintained in an efficient state, in efficient working order and in good repair;
“the manager” means the manager of a safety-lamp mine, and any duty imposed on, or any power given to, such a person by these Regulations shall extend only to the particular safety-lamp mine of which he is the manager;
“mine” means a mine within the meaning of section 180 of the Mines and Quarries Act 1954 ;
“misfire” means an occurrence where–
testing before firing a shot reveals broken continuity which cannot be rectified; or
any shot fails to explode when an attempt is made to fire it;
“notice” means notice in writing;
“owner” means the owner of a mine within the meaning of section 181 of the Mines and Quarries Act 1954;
“primed cartridge” means a cartridge of explosives into which a detonator has been inserted;
“safety-lamp mine” means–
any coal mine; or
any other mine in which–
there has occurred below ground an ignition of firedamp, or
more than 0.25 per cent by volume of firedamp has been found on any occasion at any place below ground in the mine;
“shothole” means a bored hole which is to be charged with explosives for blasting purposes.
2
In these Regulations, unless the context otherwise requires, any reference to–
a
a numbered regulation is a reference to the regulation of these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference appears; and
c
“shotfiring operations” or to a “shotfiring operation” includes a reference to–
i
priming a cartridge,
ii
charging and stemming a shothole,
iii
linking or connecting the detonator wires in a round of shots,
iv
coupling a shotfiring circuit to a detonator circuit, circuit tester or exploder,
v
testing a shotfiring circuit, and
vi
firing a shot or round of shots.
Application
3
These Regulations shall apply to every safety-lamp mine.
PART II
APPOINTMENT OF SHOTFIRERS AND TRAINEE SHOTFIRERS
4
1
The manager shall appoint a sufficient number of suitably qualified and competent persons to carry out shotfiring operations, and any such appointee shall in these Regulations be referred to as a shotfirer.
2
The manager may appoint such number of persons as he considers appropriate to undergo training in shotfiring operations under the close personal supervision of a shotfirer, and any such appointee shall in these Regulations be referred to as a trainee shotfirer.
3
The manager shall ensure that a record is made of every appointment effected under paragraph (1) or (2).
4
A person shall be suitably qualified to be appointed as a shotfirer pursuant to paragraph (1) only if he is at last 21 years of age and–
a
he holds the qualifications approved for that post by the Health and Safety Executive; or
b
where no qualifications have been so approved, he is suitably qualified by way of education, knowledge and experience to undertake the duties of that post effectively.
5
No person’s wages shall depend upon the number of shots fired by him or the amount of mineral obtained by shots fired by him.
PART III
MATERIALS AND EQUIPMENT
5
1
The manager shall ensure that no explosives, detonators, exploders, exploder test apparatus, circuit testers or shotfiring cable are provided for use or used unless they are safe for use and (except in the case of shotfiring cable) are of an approved type.
2
No person shall–
a
issue or use any material or equipment in connection with shotfiring operations; or
b
use any vehicle, carriage or container to keep or carry explosives, detonators or primed cartridges,
unless (subject to paragraph (10)) it has been provided by the owner or manager of the mine concerned and is suitable for the purpose.
3
The manager shall ensure that any equipment provided for use in connection with shotfiring operations is properly maintained and is stored when not in use.
4
The manager shall ensure that each exploder available for use is thoroughly cleaned, overhauled and tested at appropriate intervals to ensure safety.
5
The manager shall ensure that no exploder is issued for use unless the most recent of the tests required by paragraph (4) has proved it to be satisfactory.
6
The manager shall ensure that a record is made each time an exploder is overhauled or tested in accordance with paragraph (4).
7
The manager shall ensure that–
a
the issue, use and return of explosives, detonators and exploders is properly controlled; and
b
a record is made each time explosives, detonators or exploders are issued, used or returned.
8
No person shall tamper with any explosives, detonator, exploder or circuit tester.
9
If a shotfirer considers an exploder to be defective, he shall–
a
withdraw it from use immediately;
b
return it to the surface for examination; and
c
report the facts to a person appointed for the purpose.
10
Paragraph (2)(b) shall not apply to any vehicle which, within the mine concerned, is engaged in carriage to which the Road Traffic (Carriage of Explosives) Regulations 1989 apply.
PART IV
SAFETY AND SECURITY OF EXPLOSIVES AND DETONATORS
Handling and use of explosives and detonators
6
Each person who handles or uses explosives and detonators, or who supervises their handling or use, shall–
a
treat them with care at all times; and
b
ensure that they are kept apart until used to prime a cartridge.
Manager’s duties in respect of the storage, handling, use, issue and return of explosives and detonators
7
1
The manager shall take all reasonable steps to ensure that explosives and detonators are stored, handled and used safely and securely.
2
Subject to paragraphs (3) and (6), the manager shall ensure that no explosives or detonators are stored at, issued from or returned to any place other than an explosives store.
3
Notwithstanding paragraph (2), the manager may designate such number of places as may be necessary for the temporary storage underground of explosives brought from an explosives store pending their use in connection with shotfiring operations.
4
The manager shall not designate any place in pursuance of paragraph (3) unless–
a
it is suitable for the purpose referred to therein; and
b
it is capable of being made secure.
5
The manager shall ensure that any place designated by him in pursuance of paragraph (3) is, when not made secure, supervised by an attendant.
6
Notwithstanding paragraph (2), the manager may designate such number of places above ground as may be necessary (no such place being an explosives store) for the temporary and secure storage of unused explosives and detonators pending their return to an explosives store following shotfiring operations.
Rules for the movement of explosives and detonators
8
1
The manager shall make suitable rules for the purpose of ensuring the safe and secure conduct and control of–
a
any bulk movement of explosives; and
b
any movement of detonators to or from an explosives store.
2
For the purposes of paragraph (1), “bulk movement of explosives” means the carrying by one person of more than 10 kilograms of explosives or the movement of explosives by carriage.
Locked containers and carriages
9
1
No person shall issue explosives or detonators unless they are locked in a container or (with regard to explosives only) locked in a carriage.
2
Any person who issues a container of explosives or detonators shall ensure that it holds–
a
in the case of a container of explosives, nothing more than explosives of the same composition and a check sheet; and
b
in the case of a container of detonators, nothing more than detonators of the same type and a check sheet.
3
No person who has control of a container of explosives or detonators shall place in it–
a
in the case of a container of explosives, anything other than explosives of the same composition and a check sheet; and
b
in the case of a container of detonators, anything other than detonators of the same type and a check sheet.
4
The manager shall ensure that no container is issued unless it has been marked with a serial number unique to the mine.
5
In this regulation, “check sheet” means a document for recording the number of shots fired.
Control of explosives and containers of explosives
10
1
No person shall issue or take control of any container of explosives except in connection with his duties at the mine.
2
No person except–
a
a shotfirer;
b
a trainee shotfirer;
c
(subject to regulation 22(2)(a)) a person authorised in writing by the manager for the purpose; or
d
a person present for the purpose of–
i
examining defective or deteriorating explosives, or
ii
giving specialist technical advice about explosives,
and competent to handle same,
shall open any container of explosives or handle any explosives.
3
Any person who has been issued with a container holding explosives shall keep the explosives concerned in his personal possession or under his direct control–
a
until he has used them or returned those which remain to an explosives store;
b
until he has given them to a shotfirer or trainee shotfirer with a view to their being used in shotfiring operations;
c
unless he has deposited them at a place designated by the manager pursuant to regulation 7(3) or (6); or
d
unless he has given them to a person above ground who has been appointed by the manager to receive unused explosives pending their immediate transfer to an explosives store.
4
The manager shall make suitable arrangements to provide for the adequate control of any explosives left unused at the end of a shotfirer’s period of duty.
Control of detonators and containers of detonators
11
1
A person shall not have charge of a container of detonators unless he is–
a
a shotfirer;
b
a trainee shotfirer;
c
a person authorised in writing by the manager for that purpose; or
d
a person present for the purpose of–
i
examining defective or deteriorating detonators, or
ii
giving specialist technical advice about detonators,
and competent to handle same.
2
No person except a person mentioned in paragraph (1) shall open any container of detonators or handle any detonator.
3
A person who is at a place other than an explosives store shall not remove a detonator from a container unless the detonator is required immediately–
a
for priming a cartridge; or
b
for checking.
4
A shotfirer or trainee shotfirer who has been issued with a container of detonators shall, throughout his period of duty–
a
keep the key to that container in his personal possession; and
b
ensure that the container and all the detonators–
i
remain in his personal possession, or
ii
are kept in a securely-locked box;
but nothing in this sub-paragraph shall prevent the shotfirer or trainee shotfirer concerned from using the detonators in shotfiring operations.
5
Subject to paragraph (6), every shotfirer or trainee shotfirer who, at the end of his period of duty, has not used all the detonators issued to him, shall return those which remain unused to an attendant at an explosives store.
6
Nothing in paragraph (5) shall prevent a shotfirer or trainee shotfirer from depositing unused detonators at a place designated by the manager pursuant to regulation 7(6) pending their return to an explosives store by any person such as is specified in paragraph (1).
Action on finding explosives
12
Nothing in these Regulations shall prevent a person who finds any explosives, detonators or primed cartridges from taking them directly to a person competent to deal with them or such a competent person from so receiving them.
PART V
SHOTFIRING PROCEDURES
Duty to ensure safe shotfiring operations
13
Every shotfirer and trainee shotfirer shall take all reasonable precautions to ensure that all stages of a shotfiring operation on which they are engaged are carried out in such a way as to ensure the safety of persons.
Stray electrical currents and voltages
14
The manager shall–
a
take all reasonable steps to identify any risks to safety present during shotfiring operations which arise out of any stray electrical currents or voltages; and
b
(having identified such risks) set up a system of shotfiring which will minimise them.
Shotfiring fumes
15
The manager shall–
a
take all reasonable steps to identify any risks to health or safety which arise out of toxic fumes produced by shotfiring operations; and
b
take effective measures either to eliminate those risks or (where it is not practicable to eliminate them) reduce them to the lowest extent reasonably practicable.
Priming cartridges
16
1
A person shall not prime or assist with priming cartridges unless he is a shotfirer or trainee shotfirer.
2
A person shall not prime cartridges unless he is satisfied that–
a
all shotholes to be charged with the primed cartridges will be available for charging by the time that he has finished priming the cartridges; and
b
all the primed cartridges can be fired during his period of duty.
3
A person who primes a cartridge at the place where it is to be used shall place it in a shothole before priming any further cartridges.
Use of priming station and security of primed cartridges
17
1
A person shall not prime cartridges away from the place where they are to be used unless–
a
he has been authorised in writing by the manager to do so; and
b
he does so at a suitable priming station designated by the manager for the purpose.
2
A person who primes cartridges at a priming station shall–
a
carefully pack them into one or more containers; and
b
(in the case of a shotfirer, subject to paragraph (2) of regulation 33 or, in the case of a trainee shotfirer, subject to paragraph (3) of regulation 33) keep any such container secure until all the primed cartridges are used.
3
A person shall not–
a
open a container of primed cartridges; or
b
handle a primed cartridge,
unless he is a shotfirer or trainee shotfirer.
Examination for general safety and tests for firedamp
18
1
Immediately before–
a
charging a shothole or round of shotholes; or
b
firing a shot or round of shots,
the person who is to fire the shot or round of shots shall make suitable tests for the presence of firedamp and (where appropriate) an examination for general safety.
2
If any test carried out in accordance with paragraph (1) shows the presence of firedamp in a concentration of or greater than 1.25 per cent by volume or (where the estimated period of delay between the first and the last shot to be fired, calculated by reference to the markings on the detonators, exceeds 0.1 seconds) 0.8 per cent by volume, the person who made the test shall not proceed with charging or firing until the concentration of firedamp has been reduced below 1.25 per cent or, as the case may be, 0.8 per cent by volume; and when the concentration of firedamp cannot be so reduced, he shall–
a
inform the person having immediate control of the mining operations being carried on in the part of the mine where the relevant concentration was detected of that fact; and
b
take appropriate precautions to prevent danger arising from any shothole which he has charged but not fired.
Firedamp in the general body of the air
19
1
Where any shotfirer or any person having immediate control of any mining operations being carried on in any part of the mine finds or has reported to him the presence of firedamp in a concentration of or greater than 1.25 per cent by volume in the general body of the air he shall take all reasonable steps to ensure that–
a
the charging of shotholes or firing of shots ceases immediately at–
i
the place where firedamp in the above concentration was found to be present, and
ii
any part of the return side of that place which is within the same district or part of a mine as that place;
b
the person for the time being in charge of the mine is informed forthwith; and
c
if the concentration of firedamp in the general body of the air cannot be reduced below 1.25 per cent by volume, appropriate precautions are taken to prevent danger arising from any shothole situated at the place referred to in subparagraph (a)(i) of this paragraph which has been charged but not fired.
2
Where the person for the time being in charge of the mine has the presence of firedamp reported to him in accordance with paragraph (1)(b) he shall take all reasonable steps to ensure that–
a
the charging of shotholes and the firing of shots are prohibited in any part of the mine ventilated by such air as has been found to contain firedamp in a concentration of or greater than 1.25 per cent by volume in its general body;
b
any charging of shotholes or firing of shots which has ceased in accordance with paragraph (1)(a) or which has been prohibited in accordance with subparagraph (a) of this paragraph is not resumed or, as the case may be, does not take place until he has–
i
satisfied himself that such resumption or taking place is safe, and
ii
authorised such resumption or taking place; and
c
the circumstances are reported to the manager.
3
The manager shall notify the Health and Safety Executive forthwith whenever the charging of shotholes or firing of shots ceases or is prohibited in accordance with this regulation.
Restrictions on the drilling and charging of shotholes
20
1
Any person who drills a shothole shall ensure that it is not placed or drilled into any charge or socket remaining from a previous shot.
2
A person shall not charge a shothole unless it is safe to do so.
3
A person shall not charge a shothole as part of a delay round unless–
a
he inserts the primed cartridge first with the detonator at the back of the shothole; and
b
he has allowed for suitable delay periods between the shots having regard to the circumstances of the particular case.
4
A person shall not charge a shothole or different shotholes in a round with primed cartridges which contain explosives or detonators of a different type from those used in the remainder of the charge or round concerned.
5
A person responsible for charging a shothole shall ensure that–
a
where necessary, the back of the shothole is plugged with stemming material;
b
the shothole is stemmed with a sufficient amount of suitable stemming material; and
c
any tool inserted into a charged shothole is made of wood or of an anti-static material.
Removal of part of a charge from a charged shothole
21
A person shall not remove any part of a charge from a charged shothole unless he is dealing with a misfire.
Persons who may carry out shotfiring operations
22
1
Subject to paragraph (2), no person except a shotfirer or trainee shotfirer shall carry out shotfiring operations.
2
Nothing in–
a
regulation 10(2)(c) or paragraph (1) shall prevent not more than one person from inserting into a shothole any part of a charge which is not a primed cartridge when he does so under the close personal supervision of a shotfirer; or
b
paragraph (1) shall prevent several persons from stemming shotholes when they do so under the supervision of a shotfirer.
3
The manager shall ensure that each shotfiring operation is carried out by or under the supervision of a single shotfirer.
Danger zones and withdrawal of persons
23
1
Before a shot or round of shots is fired, the shotfirer who is to fire the shot or round or supervise its firing shall–
a
identify the danger zone;
b
so far as is reasonably practicable, examine all parts of the danger zone; and
c
take all reasonable steps to ensure that–
i
suitable sentries are posted or such fencing is erected as will prevent, so far as is practicable, persons from entering the danger zone,
ii
no equipment or apparatus in the danger zone is rendered dangerous by the firing of a shot, and
iii
subject to paragraph (2), all persons (other than himself and any trainee shotfirer who may be with him) are withdrawn from the danger zone.
2
Nothing in paragraph (1)(c)(iii) shall prevent one other person from remaining with the shotfirer or trainee shotfirer concerned in a shaft or staple pit.
3
A person shall not couple a shotfiring cable to a detonator circuit in a shaft or staple pit provided with winding apparatus which is not permanent manwinding apparatus unless–
a
the kibble is conveniently placed for persons in the shaft or staple pit to enter it; and
b
he has satisfied himself that the person operating the winding apparatus is ready to raise the kibble.
Sentry’s duties
24
A person who has been posted under regulation 23(1)(c)(i) to act as a sentry in respect of a particular danger zone–
a
shall forbid all persons (except the shotfirer whose duty it was to ensure that he was so posted or any trainee shotfirer working under that shotfirer’s close personal supervision) to enter that danger zone; and
b
shall not leave his post until the particular person who posted him to it has personally directed him to do so.
Duty to comply with sentry’s orders and notices
25
A person shall not–
a
pass a sentry who has forbidden him to enter a danger zone in accordance with regulation 24(a); or
b
pass a fence erected in accordance with regulation 23(1)(c)(i) unless he has the permission of the person firing the shot.
Shotfiring cable
26
1
A person shall not use shotfiring cable other than for firing shots.
2
A person using any shotfiring cable shall take all reasonable steps to ensure that the cable is safe for use.
Steps to be taken before firing a shot or round of shots
27
A person shall not fire a shot or round of shots unless–
a
where transformer coupled electric detonators are not to be used) he has–
i
checked that all the detonators concerned are connected in series,
ii
connected the detonator circuit to the shotfiring cable,
iii
withdrawn himself and any person with him from the danger zone, and
iv
tested the circuit for continuity and electrical resistance with an ohmmeter suitable for the purpose or the exploder testing circuit; or
b
(where transformer coupled electric detonators are to be used) he has–
i
checked that the primary looping wire has been threaded through all the toroids,
ii
connected the primary looping wire to the shotfiring cable,
iii
withdrawn himself and any person with him from the danger zone,
iv
checked the circuit for electrical impedance and tested the primary looping wire and the shotfiring cable for continuity with the exploder testing circuit; and
c
(in either case)–
i
he has determined that the electrical resistance or impedance of the circuit is such as to make a misfire unlikely, and
ii
it is safe to do so.
Operation of exploder
28
A shotfirer or trainee shotfirer–
a
shall not place the removable handle or key in position in the exploder until he is about to use the exploder to test the circuit or fire a shot; and
b
shall withdraw the removable handle or key from the exploder immediately after the operation of the exploder or an unsatisfactory test on the firing circuit.
Maximum number of shots
29
1
The manager shall–
a
give each shotfirer written notice of the maximum number of shots he may fire or have fired during his period of duty; and
b
keep an up-to-date copy of that notice at the office of the mine.
2
The maximum number of shots notified in accordance with paragraph (1)(a) shall in each case be one which is consistent with the requirements of safety.
3
If, pursuant to paragraph (1)(a), the manager of a coal mine gives any shotfirer who, for the duration of his period of duty, is also a deputy assigned to a district written notice that that shotfirer may fire or have fired more than 10 shots during that period, the manager shall, as soon as practicable thereafter, give notice thereof, in a suitable form, to the Health and Safety Executive.
4
In paragraph (3), “deputy” has the same meaning as in regulation 33(1) of the Coal and Other Mines (Managers and Officials) Regulations 1956 .
Prohibited shots
30
1
A person shall not fire a shot in the roof of any longwall working between the coal face and the waste, except–
a
in accordance with suitable rules made by the manager;
b
with the authority of the person for the time being in charge of the mine;
c
for the purpose of providing access to machinery or grading through geological disturbances; and
d
where the shot is not in the waste of that longwall working and it is not foreseeable that it will break into that waste.
2
A person shall not fire a detonator or primed cartridge unless it forms part of a charge in a shothole.
Precautions after firing
31
1
Subject to regulation 33(2), in the case where a shot or round of shots has been fired at a coal mine, the shotfirer who fired the shot or round or who supervised its firing shall personally examine the area affected by the blast for the purpose of ensuring that it is safe for work to be resumed.
2
In the case where a shot or round of shots has been fired at a safety-lamp mine shotfirer (whether or not that shotfirer fired the shot or round or supervised its firing) personally examines the area affected by the blast for the purpose of ensuring that it is safe for work to be resumed.
3
A shotfirer shall not make an examination in accordance with paragraph (1) or (2) until the appropriate period specified below has elapsed–
a
5 minutes, where fewer than 7 shots have been fired; and
b
10 minutes, where 7 or more shots have been fired.
Steps to be taken in the event of a misfire
32
1
Subject to regulation 33(2), in the event of a misfire the shotfirer in charge of the shot shall–
a
take whatever steps are necessary to determine the cause of and deal with the misfire; and
b
report the misfire to the manager.
2
The manager shall–
a
investigate the circumstances of any misfire reported to him pursuant to paragraph (1)(b); and
b
(following any such investigation) ensure, so far as is reasonably practicable, that no further misfire occurs.
3
No person shall attempt to recover a misfired charge from a shothole by–
a
using a tool to remove the charge or the mineral directly round it; or
b
pulling forcibly on the detonator leads.
Additional duties of shotfirers
33
1
Subject to paragraph (2), a shotfirer shall ensure that all shotholes charged and all primed cartridges held by him or by other persons acting under his supervision are fired before the end of his period of duty.
2
Where a shotfirer is prevented by reasons beyond his control from complying with paragraph (1), regulation 17(2)(b), regulation 31(1) or regulation 32(1), that shotfirer shall report the matter either to the person under whose direction he is working or to a person senior to that person, who shall either carry out the relevant duty himself or require it to be carried out by another shotfirer, in which case that other shotfirer shall be obliged to comply with the duty concerned.
3
Where a trainee shotfirer is prevented by reasons beyond his control from complying with regulation 17(2)(b), the duty imposed upon him by that provision shall be carried out by the shotfirer under whose close personal supervision he is working.
Shotfirer’s records
34
Every shotfirer shall in respect of each period of duty that he works make a record of–
a
every shot fired by him or under his supervision, including the weight of explosives and number of detonators used;
b
any misfire which occurred in respect of a shot intended to be fired by him or under his supervision;
c
any steps taken by him pursuant to regulation 32(1)(a); and
d
any report made by him pursuant to regulation 33(2).
PART VI
APPLICATION TO BARRIERS
35
1
Nothing in Parts II to V of these Regulations shall apply in relation to any explosives or detonators taken into a mine as part of an approved barrier.
2
At any mine where there is an approved barrier, the manager shall make arrangements for its safe storage, movement and installation.
3
For the purposes of this regulation, “barrier” means an appliance which is intended to prevent the extension of flame and which contains explosives or detonators.
PART VII
MISCELLANEOUS AND GENERAL
Records
36
1
The manager shall ensure that any record required by regulation 4(3) is kept for the period that the person to whom it relates is employed at the mine and for five years thereafter.
2
The manager shall ensure that the records required by regulations 5(6) and (7) and 34 are kept for a period of three years from the date of being made.
Defence
37
In any proceedings for an offence consisting of a contravention of regulation 4(3), regulation 5(1), (3), (4), (5), (6) or (7), regulation 7(2), (4) or (5), regulation 9(4), regulation 22(3), regulation 31(2) or regulation 36, it shall be a defence for the manager concerned to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
General duty of mine manager
38
It shall be the duty of the manager to ensure, so far as is reasonably practicable, that any requirement or prohibition imposed upon any other person by or by virtue of these Regulations is duly complied with by the person concerned.
Exemption certificates
39
1
Subject to paragraph (2), the Health and Safety Executive may, by certificate in writing, exempt any–
a
person;
b
class of person;
c
safety-lamp mine;
d
class of safety-lamp mine;
e
part of a safety-lamp mine;
f
activity;
g
class of activity;
h
thing; or
i
class of thing,
from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to limit of time and may be revoked by certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced because of it and that the security of explosives or detonators will not be so prejudiced.
Disapplication of sections 69(3) and (4) and 157 of the Mines and Quarries Act 1954
40
1
Section 69(3) and (4) of the Mines and Quarries Act 1954 (which places restrictions on the taking or use below ground in a mine of any blasting material or device) shall not apply in respect of any safety-lamp mine.
2
Section 157 of the Mines and Quarries Act 1954 (which provides a defence in certain legal proceedings in the circumstances specified therein) shall not apply in relation to any legal proceedings to recover damages or any prosecution based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.
Revocations and modifications
41
1
The Regulations specified in column 1 of the Schedule to these Regulations are revoked to the extent specified in the corresponding entry in column 3 thereof.
2
The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956 shall be modified as follows–
a
in regulation 1, there shall be inserted after the word “fireclay” the words “which is not a safety-lamp mine as defined by regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993”; and
b
in regulation 51(1), the words “Parts II to VII ” shall be substituted for the words “Parts II to VIII ”.
3
The following regulation shall be substituted for regulation 5 of the Miscellaneous Mines (Explosives) Regulations 1959 :
5
These Regulations shall apply to every mine other than one to which the provisions of the Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations 1956 or the Coal and Other Safety-Lamp Mines (Explosives) Regula tions 1993 apply.
.
Transitional and saving provisions
42
1
Any person who, immediately before the coming into force of these Regulations, was lawfully employed as a shotfirer at a coal mine in any part of which (in accordance with regulation 7 of the Coal Mines (Explosives) Regulations 1961 ) only permitted explosives as defined by paragraph (1) of that regulation could be used shall be deemed to have been appointed as a shotfirer at the mine in question in compliance with regulation 4(1) for the period that the certificate obtained by him pursuant to regulation 10(1)(b) of the above Regulations of 1961 would have remained valid had not those Regulations been revoked by these Regulations.
2
Any person who, immediately before the coming into force of these Regulations, was lawfully employed as a shotfirer at a coal mine except one in any part of which (in accordance with regulation 7 of the Coal Mines (Explosives) Regulations 1961) only permitted explosives as defined by paragraph (1) of that regulation could be used shall be deemed to have been appointed as a shotfirer at the mine in question in compliance with regulation 4(1) for the period of two years which follows the coming into force of these Regulations.
3
Any person who, immediately before the coming into force of these Regulations, was lawfully employed as a shotfirer at a safety-lamp mine which is not a coal mine shall be deemed to have been appointed as a shotfirer at the mine in question in compliance with regulation 4(1).
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
4th February 1993


text:
PART I
INTRODUCTION
Citation, commencement and revocations
1
1
These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 and shall come into force on 2nd February 1993.
2
The Regulations set out in Schedule 3 to these Regulations are hereby revoked.
General interpretation
2
1
In these Regulations —
“ the Act ” means the Road Traffic Act 1988;
“the Construction and Use Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“licensed hire car” has the meaning given by section 13(3) of the Transport Act 1985 ;
“licensed taxi” has the meaning given by section 13(3) of the Transport Act 1985;
“maximum laden weight” has the meaning given by Part IV of Schedule 6 to the Road Traffic Regulation Act 1984 ;
“medical certificate” has the meaning given in Schedule 1 to these Regulations;
“passenger car” has the same meaning as in section 15 of the Act;
“private hire vehicle” means a motor vehicle which has no more than 8 seats in addition to the driver’s seat, other than a licensed taxi or a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981 ), which is provided for hire with the services of a driver for the purpose of carrying passengers and which displays a sign pursuant to either section 21 of the Vehicles (Excise) Act 1971 or section 48(2) of the Local Government (Miscellaneous Provisions) Act 1976 or any similar enactment;
“rear seat” in relation to a vehicle means a seat not being the driver’s seat, a seat alongside the driver’s seat or a specified passenger seat;
“restraint system” means a system combining a seat fixed to the structure of the vehicle by appropriate means and a seat belt for which at least one anchorage point is located on the seat structure;
“seat belt” except in this regulation, includes a child restraint and references to wearing a seat belt shall be construed accordingly;
“trade licence” has the meaning given by section 38(1) of the Vehicles (Excise) Act 1971 ;
“disabled person’s belt”, “lap belt”, “seat”, “specified passenger seat” and “three point belt” have the meanings given by regulation 47(8) of the Construction and Use Regulations.
2
Without prejudice to section 17 of the Interpretation Act 1978 , a reference to a provision in any subordinate legislation (within the meaning of that Act) is a reference to that provision as from time to time amended or as from time to time re-enacted with or without modification.
3
In these Regulations —
“child” means a person under the age of 14 years;
“large child” means a child who is not a small child; and
“small child” means a child who is —
aged under 12 years, and
under 150 centimetres in height.
4
In these Regulations, “adult belt” means a seat belt in respect of which one or more of the following requirements is satisfied, namely that —
a
it is a three-point belt which has been marked in accordance with regulation 47(7) of the Construction and Use Regulations,
b
it is a lap belt which has been so marked,
c
it is a seat belt that falls within regulation 47(4)(c)(i) or (ii) of those Regulations;
d
it is a seat belt fitted in a relevant vehicle (“the vehicle in question”) and comprised in a restraint system —
i
of a type which has been approved by an authority of another member State for use by all persons who are either aged 13 years or more or of 150 centimetres or more in height, and
ii
in respect of which, by virtue of such approval, the requirements of the law of another member State corresponding to these Regulations would be met were it to be worn by persons who are either aged 13 years or more or of 150 centimetres or more in height when travelling in the vehicle in question in that State.
5
In these Regulations, “child restraint” means a seat belt or other device in respect of which the following requirements are satisfied, namely that —
a
it is a seat belt or any other description of restraining device for the use of a child which is —
i
designed either to be fitted directly to a suitable anchorage or to be used in conjunction with an adult seat belt and held in place by the restraining action of that belt, and
ii
marked in accordance with regulation 47(7) of the Construction and Use Regulations; or
b
it is a seat belt consisting of or comprised in a restraint system fitted in a relevant vehicle (“the vehicle in question”), being a restraint system —
i
of a type which has been approved by an authority of another member State for use by a child, and
ii
in respect of which, by virtue of such approval, the requirements of the law of that State corresponding to these Regulations would be met were it to be worn by a child when travelling in the vehicle in question in that State.
6
Subject to paragraph (7), for the purposes of these Regulations, a seat shall be regarded as provided with an adult seat belt if it is fixed in such a position that it can be worn by an occupier of that seat.
7
A seat shall not be regarded as provided with an adult seat belt if the seat belt —
a
has an inertia reel mechanism which is locked as a result of the vehicle being, or having been, on a steep incline, or
b
does not comply with the requirements of regulation 48 of the Construction and Use Regulations.
8
For the purposes of these Regulations, a seat belt is appropriate —
a
in relation to a child aged under 3 years, it if is of a description prescribed for a child of his height and weight by regulation 8;
b
in relation to a child aged 3 years or more, if it is a child restraint of a description prescribed for a child of his height and weight by regulation 8 or is an adult belt; or
c
in relation to a person aged 14 years or more, if it is an adult belt.
9
For the purposes of these Regulations, any reference to a seat belt being available shall be construed in accordance with Schedule 2 to these Regulations.
10
Unless the context otherwise requires, in these Regulations —
a
any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference appears.
Interpretation of references to relevant vehicles
3
1
In these Regulations, “relevant vehicle” means —
a
a passenger car,
b
a light goods vehicle, or
c
a small bus.
2
For the purposes of this regulation —
“light goods vehicle” means a goods vehicle which —
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour,
has a maximum laden weight not exceeding 3.5 tonnes; and
“small bus” means a motor vehicle which —
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle,
has more than 8 seats in addition to the driver’s seat,
has four or more wheels,
has a maximum design speed exceeding 25 kilometres per hour;
has a maximum laden weight not exceeding 3.5 tonnes, and
is not constructed or adapted for the carriage of standing passengers.
PART II
ADULTS IN THE FRONT OR RE AR OF A VEHICLE
General
4
This Part of these Regulations shall have effect for the purpose of section 14 of the Act.
Requirement for adults to wear adult belts
5
1
Subject to the following provisions of these Regulations, every person —
a
driving a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar);
b
riding in a front seat of a motor vehicle (other than a two-wheeled motor cycle with or without a sidecar); or
c
riding in a rear seat of a motor car or a passenger car which is not a motor car;
shall wear an adult belt.
2
Paragraph (1) does not apply to a person under the age of 14 years.
Exemptions
6
1
The requirements of regulation 5 do not apply to —
a
a person holding a medical certificate;
b
a person using a vehicle constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries or collections;
c
a person driving a vehicle while performing a manoeuvre which includes reversing;
d
a qualified driver (within the meaning given by regulation 9 of the Motor Vehicles (Driving Licences) Regulations 1987 ) who is supervising the holder of a provisional licence (within the meaning of Part III of the Act) while that holder is performing a manoeuvre which includes reversing;
e
a person by whom, as provided in the Motor Vehicles (Driving Licences) Regulations 1987, a test of competence to drive is being conducted and his wearing a seat belt would endanger himself or any other person;
f
a person driving or riding in a vehicle while it is being used for fire brigade or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption);
g
the driver of —
i
a licensed taxi while it is being used for seeking hire, or answering a call for hire, or carrying a passenger for hire, or
ii
a private hire vehicle while it is being used to carry a passenger for hire;
h
a person riding in a vehicle, being used under a trade licence, for the purpose of investigating or remedying a mechanical fault in the vehicle;
j
a disabled person who is wearing a disabled person’s belt; or
k
a person riding in a vehicle while it is taking part in a procession organised by or on behalf of the Crown.
2
Without prejudice to paragraph (1)(k), the requirements of regulation 5 do not apply to a person riding in a vehicle which is taking part in a procession held to mark or commemorate an event if either —
a
the procession is one commonly or customarily held in the police area or areas in which it is being held, or
b
notice in respect of the procession was given in accordance with section 11 of the Public Order Act 1986 .
3
The requirements of regulation 5 do not apply to —
a
a person driving a vehicle if the driver’s seat is not provided with an adult belt;
b
a person riding in the front of a vehicle if no adult belt is available for him in the front of the vehicle;
c
a person riding in the rear of a vehicle if no adult belt is available for him in the rear of the vehicle.
PART III
CHILDREN IN THE REAR OF A VEHICLE
General
7
This Part of these Regulations has effect for the purposes of section 15(3) and (3A) of the Act.
Description of seat belts to be worn by children
8
1
For a child of any particular height and weight travelling in a particular vehicle, the description of seat belt prescribed for the purposes of section 15(3) of the Act to be worn by him is —
a
if he is a small child and the vehicle is a relevant vehicle, a child restraint of a description specified in sub-paragraph (a) or (b) of paragraph (2);
b
if he is a small child and the vehicle is not a relevant vehicle, a child restraint of a description specified in sub-paragraph (a) of paragraph (2);
c
if he is a large child, a child restraint of a description specified in sub-paragraph (a) of paragraph (2) or an adult belt.
2
The descriptions of seat belt referred to in paragraph (1) are —
a
a child restraint with the marking required under regulation 47(7) of the Construction and Use Regulations if the marking indicates that it is suitable for his weight and either indicates that it is suitable for his height or contains no indication as respects height;
b
a child restraint which would meet the requirements of the law of another member State corresponding to these Regulations were it to be worn by that child when travelling in that vehicle in that State.
Vehicles to which section 15(3) and (3A) of the Act do not apply
9
The following classes of vehicles are exempt from the prohibition in section 15(3) and (3A) of the Act, that is to say —
a
vehicles which are neither motor cars nor passenger cars;
b
licensed taxis and licensed hire cars in which (in each case) the rear seats are separated from the driver by a fixed partition.
Exemptions
10
1
The prohibitions in section 15(3) and (3A) of the Act do not apply in relation to —
a
a small child aged 3 years or more if a seat belt of a description prescribed by regulation 8 for a small child of his height and weight is not available in the front or rear of the vehicle and he is wearing an adult belt;
b
a child for whom there is a medical certificate;
c
a child aged under 1 year in a carry cot provided that the carry cot is restrained by straps; or
d
a disabled child who is wearing a disabled person’s belt.
2
The prohibition in section 15(3) of the Act does not apply in relation to a small child in a passenger car if no appropriate seat belt is available for him in the front or in the rear of the vehicle.
3
The prohibition in section 15(3) of the Act does not apply in relation to a small child in a vehicle other than a passenger car if no appropriate seat belt is available for him in the rear of the vehicle.
4
The prohibition in section 15(3) of the Act does not apply in relation to a large child in any vehicle if no appropriate seat belt is available for him in the rear of the vehicle.
5
The prohibition in section 15(3A) of the Act does not apply in relation to a child if no appropriate seat belt is available for him in the front of the vehicle.
Signed by authority for the Secretary of State
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
1st February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Anglian Ambulance National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East Anglian Ambulance National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the East Anglian Ambulance National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Hospital Lane, Hellesdon, Norwich, Norfolk NR6 5NA and to own 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
Cambridge Health Authority and Suffolk Health Authority, in accordance with such directions, if any, as the Secretary of State may give under section 17 of the National Health Service Act 1977 , 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 these premises to the trust;
c
discharge the liabilities of the trust incurred between the establishment date and the operational date that are of a description specified in paragraph (2) of this article; and
d
make the scheme under section 6 of the Act for the transfer of staff to the trust.
2
The liabilities referred to in paragraph (1)(c) of this article 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 or 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 from the operational date.
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
19th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Buckinghamshire National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 12th August 1993.
2
In this Order —
“the Authority” means Buckinghamshire Health Authority;
“the Trust” means the South Buckinghamshire National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Wycombe Health Authority and the Trust on 28th February 1993, which schedule has been signed on behalf of both Wycombe Health Authority and the Trust.
Transfer of trust property
2
On 12th August the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th July 1993