text:
PART 1
GENERAL
Citation and Commencement
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1993 and shall come into force on 1 April 1993.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Education Reform Act 1988;
“the 1989 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1989 ;
“the 1990 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1990 ;
“the 1991 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1991 ;
“the 1992 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1992 ; and
“school” means a grant-maintained school (within the meaning of the Act) situated in England.
2
The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations —
aggregated budget section 33(4)(b) allocation formula section 38(2) capital grants section 79(3)(b) change in the characteristics of the school regulation 5(10) delegated budget section 33(6)(b) financial year section 235(1) financial year in question regulation 4(3) former maintaining authority sections 74(8) and 104(1)(i) and (6) general schools budget section 33(4)(a) incorporation date section 104(3) maintenance grant section 79(1) preceding financial year regulation 6(5) relevant date regulation 15(7) relevant expenditure regulation 13(3) relevant percentage regulation 8(2) scheme section 51(2)(a) school’s budget share section 51(2)(b) special purpose grants section 79(3)(a).
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation and transitional provisions
3
1
The 1992 Regulations are hereby revoked.
2
Notwithstanding the provisions of these Regulations,
a
the 1989 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31 March 1990, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year;
b
the 1990 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31 March 1991, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of the financial year ending on 31 March 1991;
c
the 1991 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31 March 1992, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year;
d
the 1992 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31 March 1993, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of that year.
3
Paragraph (1) is without prejudice to the continued operation after 31 March 1993 of any requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant and special purpose grant have been made under one or more of (as the case may be) the 1989, 1990, 1991 and 1992 Regulations.
PART 2
MAINTENANCE GRANT
Determination of amount of maintenance grant
4
1
Subject to regulation 12, the amount of maintenance grant payable to the governing body of a school for the financial year in question shall be the sum of the following amounts —
a
an amount determined in accordance with (as the case may be) regulation 5, 6 or 7;
b
an amount determined in accordance with (as the case may be) regulation 8 or 9;
c
an amount determined in accordance with regulation 10(1); and
d
(where applicable) an amount determined in accordance with regulation 11.
2
Where in the opinion of the Secretary of State precise calculation for the purpose of determining any of the amounts referred to in paragraph (1) —
a
would be impracticable;
b
would not significantly affect the amount; or
c
would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount,
paragraph (1) shall have effect as if it required the Secretary of State to determine as the amount of maintenance grant payable for the financial year in question such amount as appears to him to be fair and reasonable having regard in particular to the former maintaining authority’s scheme.
3
In these Regulations references to the financial year in question are references to the financial year in respect of which the determination of maintenance grant is made.
Determination of an amount in respect of a comparable maintained school’s budget share
5
1
Subject to regulations 6 and 7, this regulation applies in the case of any school whose incorporation date falls on or before 1 April in the financial year in question.
2
The Secretary of State shall determine an amount which he is satisfied is or approximates to an amount which the former maintaining authority could have determined, by the application (subject to the following provisions of this regulation) of the allocation formula in their scheme in relation to a comparable maintained school covered by the scheme, as such a school’s budget share for the financial year in question.
3
Where —
a
at any time before the beginning of the financial year in question the allocation formula included provision for taking into account a particular characteristic of a school which will affect the needs of the school as distinct from those of other schools which do not share that characteristic; and
b
the scheme has been varied or replaced at any time before the relevant date in relation to the school as initially determined (whether that is the date specified in regulation 17(1) or such other date as may be determined in accordance with regulation 17(2)), and for the financial year in question —
i
no such provision is included in the allocation formula; or
ii
the proportion of a comparable maintained school’s budget share derived from the application of that provision would be less than it would have been had the scheme not been varied or replaced,
the allocation formula shall be deemed, for the purposes of determining the amount under paragraph (2), to include such provision as it had effect immediately before the scheme was so varied or replaced:
Provided that the Secretary of State shall add to, or subtract from, any sum derived from the application of the said provision such amount as appears to him to be fair and reasonable having regard to any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of schools maintained by them occurring during or since the preceding financial year.
4
Where —
a
by the application of the allocation formula a part of a school’s budget share is determined by reference to —
i
an amount of expenditure attributable to each registered pupil of each relevant age or falling within each relevant age group;
ii
an amount or amounts (as the case may be) of expenditure attributable to any unit of measurement adopted for any factor included in the allocation formula; or
iii
the amount or amounts (as the case may be) of expenditure attributable to any other such factor; and
b
the proportion that any such amount is of a comparable maintained school’s budget share is less in the financial year in question than it would have been in a previous financial year,
the amount or amounts of expenditure so attributable shall be deemed by the Secretary of State, in applying the allocation formula for the purpose of determining the amount under paragraph (2), to be the amount or amounts determined in accordance with paragraph (5).
5
For the purposes of paragraph (4), the Secretary of State shall determine as the amount or amounts of expenditure so attributable for the purposes of the allocation formula the amount or amounts so attributable in such previous financial year as the Secretary of State shall decide, adjusted by such amount or amounts as appears or appear to him to be fair and reasonable having regard, in particular, to —
a
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of schools maintained by them occurring during or since that year; and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
6
Subject to paragraphs (7), (8) and (9), references in this Part to a maintained school are references to a school maintained by the former maintaining authority concerned, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in paragraph (2) are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school —
a
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
b
any other factors affecting the needs of which (including in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
7
Where the allocation formula includes provision for taking into account the amount of any non-domestic rate payable in respect of a school, the Secretary of State shall, in applying the allocation formula for the purpose of determining the amount under paragraph (2), apply that provision as if the amount of the non-domestic rate payable was —
a
in the case of a school which was a charity before becoming a grant-maintained school, that payable in respect of a comparable maintained school which is a charity; and
b
in the case of a school which was not a charity before becoming a grant-maintained school, that payable in respect of a comparable maintained school which is not a charity.
8
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the former maintaining authority’s scheme whether or not there is in fact such a school; and, for the purposes of paragraph (7), it is to be further assumed that a comparable maintained school is capable of being a charity.
9
In this regulation —
“charity” means an institution established for charitable purposes only;
“factor” means, in relation to the allocation formula, any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula; and
“relevant” in relation to “age” and “age group” means an age group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils.
10
References in these Regulations to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
6
1
In any case where the school’s incorporation date falls before the financial year in question, the Secretary of State may if he thinks fit, instead of determining an amount under regulation 5(2), determine an amount in accordance with paragraph (4).
2
Subject to paragraph (3), the Secretary of State shall consult the former maintaining authority and the governing body of the school before deciding whether, pursuant to paragraph (1), to determine an amount in accordance with paragraph (4).
3
Paragraph (2) shall not apply in any case where it appears to the Secretary of State that, in relation to the financial year in question, a comparable maintained school’s budget share, determined by the application of the allocation formula in the former maintaining authority’s scheme, would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year.
4
Where the Secretary of State decides to determine an amount in accordance with this paragraph he shall determine an amount by —
a
taking the amount which —
i
in the case of a school whose incorporation date falls in or before the financial year ending on 31 March 1993, was determined in respect of the school under (as the case may be) regulation 5, 6, 7, 15(3) or 16(3) of the 1992 Regulations for that year; or
ii
in the case of a school whose incorporation date falls after the financial year ending on 31 March 1993, is determined in respect of the school under (as the case may be) this paragraph or regulation 5, 7 or 13(3) for the financial year in which the school’s incorporation date falls; and
b
adjusting that amount by such amount as appears to him to be fair and reasonable having regard, in particular, to —
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring since the financial year in respect of which the amount referred to in sub-paragraph (a) above was determined; and
ii
any significant change in the characteristics of the school occurring as aforesaid or which it appears to him is likely to occur before the end of the financial year in relation to which grant is being determined.
5
In these Regulations references to the preceding financial year are references to the financial year immediately preceding the financial year in question.
7
1
This regulation applies in the case of any school whose incorporation date is after 1 April in the financial year in question.
2
In any case to which this regulation applies the Secretary of State shall not determine an amount in accordance with regulation 5(1); but he shall determine an amount in accordance with paragraph (3).
3
The Secretary of State shall determine an amount which appears to him to be equal to that amount of the school’s budget share for the financial year in question in respect of which either sums had not yet been made available pursuant to section 36(2) and (3) of the Act, or, if made available, had not been spent, immediately before the school’s incorporation date by the governing body of the school (before it acquired grant-maintained status) in exercise of their powers under section 36(5) of the Act.
Determination of an amount as a percentage addition
8
1
Subject to regulation 9, the Secretary of State shall determine an amount which is equal to the relevant percentage of the amount determined in accordance with, as the case may be, regulation 5, 6 or 7.
2
In these Regulations the relevant percentage is the percentage determined in accordance with Schedule 1 to these Regulations.
9
1
This regulation applies in the case of any school —
a
whose incorporation date falls in or before the financial year ending on31 March 1993; and
b
in respect of which the amount first referred to in regulation 8(1) is less thanthe amount which was determined in respect of the school for the financial yearending on 31 March 1993 under (as the case may be) regulation 8, 9, 10(4), 15(5) or 16(4) or (5) of the 1992 Regulations.
2
In any case to which this regulation applies, regulation 8(1) shall have effect as if it required the Secretary of State to determine an amount equal to the amount which was determined in respect of the school for the financial year ending on 31 March 1993 under (as the case may be) regulation 8, 9, 10(4), 15(5) or 16(4) or (5) of the 1992 Regulations.
Determination of an amount in respect of school meals, contingencies and the provision of nursery education
10
1
Subject to paragraph (2), the Secretary of State shall determine the amount which is the sum of the amounts determined in accordance with paragraphs (3) to (6).
2
In any case where the Secretary of State determines an amount under regulation 6, paragraph (1) shall have effect as if it required him to determine an amount equal to the amount referred to in paragraph (3).
3
The Secretary of State shall determine an amount in respect of the provision of school meals calculated by the application of the following formula —
( M × F ) (P) + ( S × G ) , (B)
where
M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the former maintaining authority’s planned expenditure for the financial year in question in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the preceding financial year determined by the Secretary of State;
G is the total of the authority’s planned expenditure for the financial year in question on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the preceding financial year determined by the Secretary of State.
4
In paragraph (3),
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure”means the initial amount appropriated by the authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 42 of the Act, according as to whether the school is a primary school or a secondary school.
5
The Secretary of State shall determine the amount which it appears to him, had the school continued to be maintained by the authority, could have been allocated for the purposes of the school in accordance with the authority’s scheme in respect of contingencies.
6
Where the governing body of the school provides education for junior pupils who have not attained the age of five years, the Secretary of State shall determine an amount in respect of such provision which he is satisfied is fair and reasonable having regard in particular to the extent to which, in his opinion, the cost of such provision ought to be met from the amount determined in accordance with (as the case may be) regulation 5 or 7.
Determination of an amount representing the unspent sum of a previous financial year’s budget share
11
1
This regulation applies where —
a
the determination of maintenance grant in respect of a school is for the financial year in which the school’s incorporation date falls; and
b
in a previous financial year the school (before it acquired grant-maintained status) had a delegated budget under a scheme made by the former maintaining authority.
2
In any case to which this regulation applies, there shall be added to the amount of maintenance grant payable in respect of the school under regulation 4 an amount determined in accordance with paragraph (3).
3
The Secretary of State shall determine the amount which it appears to him is equal to that amount of the school’s budget share for any financial year prior to the financial year in question in respect of which either sums were not made available pursuant to section 36(2) or (3) of the Act, or, if made available, were not spent by the governing body in exercise of their powers under section 36(5) of the Act.
Determination of amount of maintenance grant otherwise than under regulation 4
12
1
Notwithstanding the provisions of regulation 4, the Secretary of State may, in the case of a school whose incorporation date falls in the financial year in question, determine the amount of maintenance grant payable to the governing body of the school for the financial year in question in accordance with the following provisions of this regulation.
2
In any case to which this regulation applies, the amount of maintenance grant payable to the governing body of the school for the financial year in question shall be the sum of the amounts determined in accordance with regulations 13(1) and 14.
3
The Secretary of State shall consult the former maintaining authority and (as the case may be) the governing body or the prospective governing body of the school before determining the amount of maintenance grant payable in respect of the school for the financial year in question in accordance with this regulation.
13
1
The Secretary of State shall determine an amount which is the sum of the amounts determined in accordance with paragraphs (2), (4) and (5) subject to any adjustment made in accordance with paragraph (6).
2
The Secretary of State shall determine an amount which he is satisfied is equal to the amount of relevant expenditure incurred by the former maintaining authority in respect of the school in the preceding financial year.
3
Schedule 2 shall have effect for the purposes of determining the amount of relevant expenditure incurred by the authority in that year.
4
The Secretary of State shall determine an amount which is equal to the relevant percentage of the amount determined in accordance with paragraph (2); and Schedule 1 shall have effect for the purposes of determining the relevant percentage.
5
The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula —
( M × F ) (P) + ( S × G ) , (B)
where
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 10(3); and for the purposes of this paragraph the expressions used in regulation 10(3) shall have the meanings assigned to them by regulation 10(4).
6
The sum of the amounts determined in accordance with paragraphs (2), (4) and (5) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard, in particular, to —
a
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
14
The Secretary of State shall determine an amount equal to the amount which would have been determined in respect of the school in accordance with regulation 11 if the amount of maintenance grant for the school were to be determined under regulation 4.
Relevant date
15
1
Subject to paragraphs (2) and (3) and regulation 18, any amount required to be determined by the Secretary of State under this Part shall be determined on the information available to him on the relevant date.
2
In paragraph (1), the relevant date means 31 March in the preceding financial year or, for the purposes of determining the amount of maintenance grant payable in respect of any school for any financial year, such other date as the Secretary of State may determine.
3
The Secretary of State may, in any case where he considers it appropriate to do so, redetermine the relevant date.
4
Where —
a
the Secretary of State determines in accordance with paragraph (2) that, in respect of any school for any financial year, the relevant date should be a date other than 31 March in the preceding financial year, or
b
he redetermines the relevant date in accordance with paragraph (3),
he shall notify the governing body of the school and the former maintaining authority in writing of that fact.
5
Where there is not available to the Secretary of State on the relevant date sufficient information as will, in his opinion, allow him to determine any amount referred to in paragraph (1) he may determine the amount of maintenance grant payable in respect of the school on such basis as appears to him to be fair and reasonable having regard to the information available to him on the relevant date.
6
The Secretary of State shall not take into account any information made available to him after the relevant date (but before the date of his determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.
7
References in these Regulations to the relevant date are references to the date referred to in paragraph (2) unless the relevant date has been redetermined in accordance with paragraph (3) in which case it is a reference to that date as redetermined.
Apportionment of maintenance grant
16
1
This regulation applies in the case of any school whose incorporation date falls after 1 April in the financial year in question.
2
Where in respect of any such school the amount of maintenance grant is determined in accordance with regulation 4, the amount of maintenance grant payable to the governing body for the financial year in question shall be apportioned in accordance with the following formula–
A × C × F B + D ,
where
A is the number of days in the financial year falling on or after the incorporation date of the school;
B is 365 or, where the financial year in question ends during a leap year, 366;
C is the amount determined in accordance with regulation 10(3); and
D is the sum of the amounts determined in accordance with regulations 7, 8, 10(5) and (6) and 11;
F bears the value ascribed to it in the Table below according to the incorporation date of the school —
incorporation date 1 April–31 July F = 1.0 incorporation date 1 August–31 December F = 1.015 incorporation date 1 January–31 March F = 1.02.
3
Where in respect of any such school the amount of maintenance grant is determined in accordance with regulation 12, the amount of maintenance grant payable to the governing body of the school for the financial year in question shall be apportioned in accordance with the following formula —
A × C × F + G , B + G ,
where
C is the amount determined in respect of the school in accordance with regulation 13(1);
G is the amount determined in respect of the school in accordance with regulation 14; and
A, B, and F represent the matters respectively denoted by those letters in paragraph (2).
Adjustments
17
1
Without prejudice to paragraph (5), this paragraph applies where —
a
after determining the amount of maintenance grant payable in respect of any school for any financial year in accordance with these Regulations it appears to the Secretary of State that, by reason of —
i
any change in the characteristics of the school,
ii
any change in the level of spending by the former maintaining authority, or
iii
any other change affecting the needs of the school,
the amount so payable should be revised; or
b
the Secretary of State is satisfied that his determination of the amount of maintenance grant payable in respect of any school for any financial year was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations.
2
Subject to paragraph (3), in any case to which paragraph (1) applies, the Secretary of State may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly.
3
Subject to paragraph (4), paragraph (2) shall not enable the Secretary of State to revise his determination of maintenance grant so as to reduce the amount of grant payable to the governing body of the school concerned for the financial year in question.
4
The Secretary of State may revise his determination of maintenance grant so as to reduce the amount payable where —
a
that determination was made in ignorance of, or was based on a mistake as to, some material fact; and
b
such ignorance or mistake was not attributable to an act or omission of the former maintaining authority.
5
Where it appears to the Secretary of State that, by reason of any extraordinary circumstances, the amount of maintenance grant determined in respect of a school for any financial year is insufficient to enable the governing body of the school adequately to carry out their functions with respect to the conduct of the school, he may redetermine the amount of maintenance grant payable in respect of the school for that year in accordance with paragraph (6), and revise his determination accordingly.
6
Where the Secretary of State decides to redetermine the amount of maintenance grant by virtue of paragraph (5), he shall redetermine that amount by adding to it such amount as appears to him to be necessary for the purpose of enabling the governing body adequately to carry out their functions with respect to the conduct of the school.
7
Where in accordance with this regulation the Secretary of State revises the amount of maintenance grant payable in respect of any school for any financial year he shall give notice thereof to the governing body of the school and to the former maintaining authority.
8
A determination which has been revised in accordance with this regulation may be further revised in accordance with this regulation and may be so further revised notwithstanding that the Secretary of State is satisfied that the revised determination was not made in accordance with these Regulations.
Application of relevant date provisions to a redetermination of the amount of maintenance grant
18
1
In its application for the purposes of any redetermination under regulation 17 of the amount of maintenance grant payable in respect of a school for any financial year, regulation 15 shall have effect subject to the following provisions of this regulation.
2
Where the redetermination of maintenance grant under regulation 17(2) is made on one or more of the grounds specified in paragraph (1)(a) of that regulation the Secretary of State may take into account for the purposes of the redetermination any information received by him after the relevant date which relates to any of the reasons for making the redetermination.
3
Where the redetermination of maintenance grant under regulation 17(2) is made on the grounds, specified in paragraph (1)(b) of that regulation, that the Secretary of State is satisfied that his determination was made in ignorance of, or was based on a mistake as to, some material fact, he may take into account any information received by him after the relevant date which relates to that fact.
4
Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the Secretary of State for the purposes of redetermining grant under regulation 17(2), he may take that information into account for the purposes of making any further redetermination under that regulation.
7
Regulation 15 shall not apply where a redetermination is made by the Secretary of State in accordance with regulation 17(5) and (6).
Requirements which may be attached to payment of maintenance grant
19
1
The requirement set out in paragraph 1 of Schedule 3 is specified as a requirement which may be imposed by the Secretary of State on governing bodies to whom payments of maintenance grant are or have been made.
2
The Secretary of State may determine, for the purposes of the application of section 79(7) of the Act to such governing bodies, any requirement referred to in paragraphs 2 to 4 of Schedule 3.
PART 3
CAPITAL AND SPECIAL PURPOSE GRANTS
Capital grants
20
The Secretary of State may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 4 incurred or to be incurred by the governing body of a school.
Special purpose grants
21
1
The Secretary of State may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 5 incurred or to be incurred by the governing body of a school —
a
for or in connection with the educational purposes so specified, or
b
in respect of any expenses so specified being expenses which it appears to the Secretary of State the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of special purpose grants
22
1
The requirements set out in paragraph 1 of Schedule 3 and paragraph (2) below are specified as requirements which may be imposed by the Secretary of State on governing bodies to whom payments of special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are —
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the Secretary of State.
3
The Secretary of State may determine for the purposes of the application of section 79(7) of the Act to such governing bodies as are referred to in paragraph (1) —
a
any requirement referred to in paragraphs 2 to 4 of Schedule 3;
b
any requirement formulated with a view to the Secretary of State satisfying himself that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as he may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by him in accordance with this Regulation subject to which the payments were made is not complied with.
PART 4
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM FORMER MAINTAINING AUTHORITY
Determination of amount to be recovered
23
1
Subject to paragraph (2) below, the total amount which the Secretary of State may recover from the former maintaining authority of a school in respect of any financial year beginning on or after 1 April 1993 by virtue of section 81(1) of the Act is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).
2
The amount which would otherwise fall to be determined in accordance with paragraph (1) above as the total amount recoverable from a former maintaining authority by virtue of section 81(1) of the Act in respect of any school for any financial year may be reduced by an amount not exceeding the amount outstanding in respect of any excess amount recovered from the authority under that section in respect of any previous financial year.


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kent Ambulance National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Kent 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 Kent 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, Heath Road, Coxheath, Maidstone, Kent ME17 4BG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Medway Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Medway Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Medway Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
1
This Order may be cited as the Combined Probation Areas (Amendment) Order 1993 and shall come into force on 1st February 1993.
2
In article 2(4) of the Combined Probation Areas Order 1992 for the words, “on 31st March 1993, would” to “be” there shall be substituted the words, “immediately before 31st March 1993, is”.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
19th January 1993


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) (No.2) Order 1993 and shall come into force on 31st December 1993.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st March 1994 out of the compensation funds named in Column 1 of the Schedule to this Order the amounts specified in Column 2 of the Schedule which are hereby determined to be the amounts of the expenses of the Commission during the periods specified in Column 3 of the Schedule attributable to the discharge by the Commission of their functions in relation to the distribution of sums from those compensation funds.
R.P. Bulling
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Tayside Region (Electoral Arrangements) Order 1993.
2
This Order shall come into force on 5th May 1994:
Provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the said Order shall come into force on 10th October 1993.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral division shall be construed as a reference to that electoral division as constituted in this Order;
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as the centre line of the feature concerned; and
iii
the boundary or boundaries of a parish is to a line corresponding as nearly as may be to the line of the boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps;
b
the expedient of defining a line beyond Mean Low Water Springs has been adopted to apportion islands to the appropriate electoral division; and
c
the following abbreviations are used:–
“MLWS” for the shoreline at Mean Low Water Springs;
“ED” for Electoral Division; and
“grid reference” for National Grid Reference as published on Ordnance Survey Maps.
Change of electoral arrangements
3
The existing electoral divisions of the Tayside Region shall be abolished and the said Region shall be divided into forty-six electoral divisions having the names, contents and boundaries set forth in the Schedule to this Order.
4
The boundaries of the electoral divisions constituted by this Order shall be defined and mered by Ordnance Survey.
Revocation
5
Without prejudice to its continuing in effect for the purposes of defining the electoral divisions prior to the coming into force of this Order, the Tayside Region (Electoral Arrangements) Order 1978( ) is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
30th March 1993


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1993 and shall come into force on 1st July 1993.
2
The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 shall be amended as follows.
3
In regulation 5 (exemptions for Northern Ireland or foreign goods vehicles used for the carriage of goods between Member States of the European Communities), in paragraph (1)(c) —
a
for the words “combined road/rail carriage or combined transport by inland waterway”, there shall be substituted the words “combined transport”; and
b
for the words “Council Directive No. 130/75”, there shall be substituted the words “Council Directive 92/106/ EEC of 7th December 1992 on the establish-ment of common rules for certain types of combined transport of goods between Member States ”.
4
In regulation 5, paragraph (2) shall be omitted.
Signed by authority of the Secretary of State.
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
7th June 1993


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1993 and shall come into force on 1st November 1993.
2
1
Schedule 1 to the Assured and Protected Tenancies (Lettings to Students) Regulations 1988 is amended by the substitution of the name “Oxford Brookes Housing Association Limited” for “Oxford Polytechnic Housing Association Limited”.
2
Schedule 2 to the said Regulations is amended by —
a
the addition of “International Students' Club (Lee Abbey) Limited”; and
b
the deletion of “Brighton Polytechnic Housing Association Limited”.
John Patten
Secretary of State for Education
29th September 1993


text:
Citation and commencement
1
This Order may be cited as the Assured Tenancies and Agricultural Occupancies (Rent Information) (Amendment) Order 1993 and shall come into force on 1st April 1993.
Amendment
2
In paragraph 7 of the Schedule to the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988 for “rates” substitute “council tax or rates”.
Michael Howard
Secretary of State for the Environment
11th March 1993
David Hunt
Secretary of State for Wales
11th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Helier National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 25th November 1993.
2
In this Order–
“the Authority” means Merton and Sutton Health Authority;
“the Trust” means the St. Helier National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 9th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
26th October 1993


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Ghana) Order 1993.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Republic of Ghana with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Ghana;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Ghana concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Offshore Safety Act 1992 (Commencement No. 1) Order 1993.
2
The following provisions of the Offshore Safety Act 1992 shall come into force on 30th November 1993, namely —
a
section 3(1)(a) and (e) and (2); and
b
section 7(2), so far as relating to the repeal in the Continental Shelf Act 1964 .
Signed by order of the Secretary of State
Lord Henley
Parliamentary Under Secretary of State,
Department of Employment
1st October 1993


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”, shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered PSE/0/A34/10/65/2/2 marked “The A34 Trunk Road (A34/M4 Junction 13 Improvement) Line and Slip Roads Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the main new trunk road and the slip roads;
iii
“the Trunk Road” means the Winchester-Preston Trunk Road (A34).
5
This Order shall come into force on 31st August 1993 and may be cited as the A34 Trunk Road (A34/M4 Junction 13 Improvement) Line and Slip Roads Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
10th August 1993


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respect any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for tht highway. The date specified will not be later than the date on which the new trunk road is opened for the purposes of through traffic.
4
In this Order
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA10/EM 82 marked “The A6 Trunk Road (Rushden and Higham Ferrers Bypass) 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;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the Side Roads Order ” means the A6 Trunk Road (Rushden and Higham Ferrers Bypass Side Roads) Order 1993;
iv
“the trunk road” means the A6 Trunk Road.
5
This Order shall come into force on 27th January 1994 and may be cited as the A6 Trunk Road (Rushden and Higham Ferrers Bypass) 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:
1
Article 2(1) and (2) and paragraphs 1 and 2 of Part I and paragraphs (1) and (2) of Part II of the Schedule to the London–Holyhead Trunk Road (Corwen and Pont Corwen to Pont Melin–Rug Diversions) Order 1939 are hereby revoked.
2
This Order shall come into force on 24th December 1993 and may be cited as the London–Holyhead Trunk Road (Corwen and Pont Corwen to Pont Melin–Rug Diversions, Variation Order 1993.
Signed on behalf of the Secretary of State
P. R. Marsden
A Grade 6 Officer Welsh Office
Dated the 26th November 1993


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Retention of Registration Marks Regulations 1993, and shall come into force on 1st May 1993.
2
These Regulations apply where an application for the grant of a right of retention is made on or after 1st May 1993.
Interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Vehicles (Excise) Act 1971 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“G.B.records” means the records, kept under the 1971 Act, on behalf of the Secretary of State, by the Driver and Vehicle Licensing Agency and does not include any records kept under that Act, on behalf of the Secretary of State, by a Northern Ireland department;
“grantee” means the person to whom a right of retention is granted;
“nominated person” means a person nominated as provided in regulation 3(1)(b);
“retention document” means a document issued as provided in regulation 9(1) or (2);
“right of retention” means a right mentioned in regulation 3;
2
In these Regulations, unless the context otherwise requires, —
a
a reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and.
b
a reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference occurs.
Rights of retention
3
Subject to the following provisions of these Regulations, a person in whose name a vehicle which is recorded as being a registered vehicle in the G.B.records may be granted by the Secretary of State a right to have the registration mark for the time being assigned to that vehicle assigned to some other vehicle registered —
a
in that person’s name; or
b
in the name of some other person nominated by him in the application for the grant of the right.
Application for a right of retention
4
1
An application for the grant of a right of retention shall be made to the Secretary of State and shall be accompanied by —
a
the registration document issued under the 1971 Act in respect of the vehicle;
b
a vehicle licence for the time being in force issued in respect of the vehicle under the 1971 Act, or a valid application for such a licence;
c
such of the following documents as relate to the vehicle —
i
if the vehicle is one in respect of which a test certificate is required under section 45 of the 1988 Act, the test certificate in force under that section,
ii
if the vehicle is one in respect of which a test certificate is required in accordance with article 34 of the Road Traffic (Northern Ireland) Order 1981 , the certificate in force under that article,
iii
if the vehicle is one in respect of which a plating certificate and a goods vehicle certificate under section 49 of the 1988 Act is required, the plating certificate and the goods vehicle certificate in force under that section;
d
payment of the sum specified in regulation 7(a); and
e
payment of the sum referred to in regulation 7(b).
2
The applicant shall, if required to do so by the Secretary of State, make the vehicle available for inspection at a place designated by the Secretary of State.
3
In this regulation “the vehicle” means the vehicle to which the registration mark is for the time being assigned.
Duration of a right of retention
5
1
Subject to the provisions of paragraph (2), a right of retention may be exercised only during the period of one year starting with the date on which the relevant retention document is issued.
2
Subject to the provisions of paragraph (3), the Secretary of State may if he thinks fit to do so in the circumstances of the case extend, on one or more occasions, the period in which a right of retention may be exercised.Any such extension shall be for the period of one year starting with the date on which the right would otherwise have ceased to be exercisable.
3
No extension by virtue of paragraph (2) shall be granted unless the following conditions are satisfied —
a
the grantee has applied in writing for the extension;
b
if the application is made on or after 1st May 1993 but before 28th May 1993 in respect of a right which would cease to be exercisable on or before 28th May 1993 if an extension were not granted, the application is made before 28th May;
c
in any case other than one mentioned in subparagraph (b), the application is made in the period starting 28 days before the date on which the right would cease to be exercisable if an extension were not granted and ending with that date;
d
the application is accompanied by the retention document; and
e
the application is accompanied by payment of the sum specified in regulation 8.
Refusal of applications
6
The Secretary of State may refuse an application for the grant of a right of retention, or for an extension of the period in which a right of retention may be exercised, or for the assignment of a registration mark under a right of retention, if it appears to him that there are special reasons for doing so.
Payments on application for rights of retention
7
In respect of an application for a right of retention there shall be payable a fee made up as follows —
a
£25, and
b
a sum equal to the amount of the charge which could have been made pursuant to section 12(1) of the Finance Act 1976 for an assignment of the registration mark to which the application relates if the assignment had been made on the date on which the application was made.
Payments on extension of right of retention
8
The fee payable in respect of an application for an extension of a period in which a right of retention may be exercised shall be £25.
Retention documents
9
1
If the Secretary of State decides to grant a right of retention he shall issue to the grantee a retention document. That document shall state —
a
the date of the grant;
b
the name and address of the grantee and, where appropriate, the name of the nominated person;
c
the date on which the period of one year mentioned in regulation 5(1) ends;
d
the registration mark in respect of which the grant has been made; and
e
the type of vehicle to which the registration mark was assigned at the time of the grant.
2
In any case where there is an extension of the period mentioned in regulation 5(1), the Secretary of State shall issue a new retention document.In addition to stating the matters specified in paragraph (1) the new retention document shall state the date on which the period of extension ends.
3
If a grantee to whom a retention document has been issued notifies the Secretary of State that the document has been lost or destroyed, the Secretary of State, on being satisfied that the document has been lost or destroyed, shall issue a replacement document.
4
In any case where a replacement of a lost document has been issued and the lost document subsequently comes into the possession of the grantee, he shall forthwith return it to the Secretary of State.
5
If a retention document becomes defaced or illegible, the grantee to whom it was issued may return it to the Secretary of State so that he may issue a replacement document.
Exercise of a right of retention
10
1
A right of retention shall be exercisable on only one occasion.
2
Subject to the provisions of regulation 11, a right of retention shall be exercisable by the grantee —
a
surrendering to the Secretary of State, for retention by him, the retention document;
b
surrendering to the Secretary of State, for replacement by him;
i
the registration document issued under the 1971 Act in which the name and address of the grantee or, where appropriate, the nominated person, are stated as the owner of the vehicle within the Registration and Licensing Regulations, and
ii
the vehicle licence in force under the 1971 Act, or a valid application for such a licence; and
c
sending to the Secretary of State, for endorsement and return, such of the following documents as relate to the vehicle in respect of which the grantee proposes to exercise the right of retention —
i
if the vehicle is one in respect of which a test certificate is required under section 45 of the 1988 Act, the test certificate in force under that section;
ii
if the vehicle is one in respect of which a test certificate is required in accordance with article 34 of the Road Traffic (Northern Ireland) Order 1981, the certificate in force under that article;
iii
if the vehicle is one in respect of which a plating certificate and a goods vehicle test certificate under section 49 of the 1988 Act is required, the certificates in force under that section.
3
In this regulation “the vehicle”means the vehicle to which the grantee proposes that the registration mark shall be assigned.
Conditions for the assignment of a registration mark
11
1
A registration mark may not be assigned to a vehicle in pursuance of a right of retention unless the conditions specified in paragraph (2) are satisfied.
2
Those conditions are —
a
where the registration mark contains a single letter of the alphabet, the assignment of that mark would not indicate that the vehicle was first used more recently than is the case;
b
a vehicle licence issued under the 1971 Act is in force for the vehicle or a valid application for such a licence has been made;
c
the vehicle is one to which either;
i
section 45 of the 1988 Act applies or would apply if the vehicle had been registered under the 1971 Act more than three years before the date of the assignment or if no certificate of a type mentioned in regulation 10(2)(c)(ii) were in force, or
ii
section 49 of the 1988 Act applies;
d
the Secretary of State is satisfied as to the origins of the vehicle and the date on which it was first used; and
e
the vehicle is recorded as being a registered vehicle in the G.B. records, or a valid application has been made for the vehicle to become a registered vehicle in the G.B. records.
Exemption from charge
12
No charge under section 12(1) of the Finance Act 1976 shall be payable in respect of an assignment of a registration mark pursuant to the exercise of a right of retention in a case where the sum specified in regulation 7(b) has been paid.
Non-transferability of a relevant right
13
A right of retention shall not be transferable, but without prejudice to the vesting of any such right in a person by operation of law.
Revocation of a right of retention
14
The Secretary of State may revoke a right of retention, whether or not the period in which the right is exercisable has been extended, if it appears to him that there are special reasons for doing so.
Refunds
15
1
Subject to the conditions specified in paragraph (2), if the Secretary of State revokes a right of retention, or if the period in which a right of retention is exercisable expires without the right having been exercised, the Secretary of State shall refund the amount of any sum paid under regulation 7(b).No interest shall be payable on any sum refunded.
2
Those conditions are that —
a
a written application for the refund is made by the grantee;
b
in a case where a right of retention has been granted, the application is accompanied by the retention document; and
c
The application is received by the Secretary of State within the period of 6 years starting with the date on which the right of retention ceased to be exercisable.
3
The Secretary of State may retain any payment of a sum specified in regulation 7(a) or 8 whether or not the application in respect of which the payment was made is granted.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
1st April 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Avon Valley) Designation Order 1993 and shall come into force on 13th February 1993.
Interpretation
2
1
In this Order –
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“fen habitat” means an area of semi-natural vegetation which is waterlogged throughout the year;
“grassland” means land on which the vegetation consists primarily of grass species;
“livestock unit” means –
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“woodland” means land used for woodland where that use in ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Avon Valley in the Counties of Dorset, Hampshire and Wiltshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Avon Valley environmentally sensitive area” dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement at the rate of £105 per annum for each hectare of land to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 or 3 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table –
£ per hectare of land per annum
Schedule 2 155 Shedule 3 240
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 per agreement.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th January 1993.
We consent
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1993


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the South Birmingham Community Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Birmingham Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Birmingham Community Health National Health Service Trust. Nature and functions of the trust.
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at West Heath Hospital, Rednal Road, West Heath, Birmingham B38 8HR and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from West Heath Hospital, Rednal Road, West Heath, Birmingham B38 8HR and to own the associated premises. Directors of the trust.
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from Birmingham University.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Birmingham Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The South Birmingham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Birmingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege,
Parliamentary Under-Secretary of State,
Department of Health
22nd October 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 3) Regulations 1993.
2
These Regulations, except for regulation 3(4), shall come into force on 27th September 1993, and regulation 3(4) shall come into force on 25th October 1993.
Amendment of the Social Security (Claims and Payments) Regulations 1979
2
For sub-paragraphs (a) and (b) of paragraph (3) of regulation 25 of the Social Security (Claims and Payments) Regulations 1979 there shall be substituted the following sub-paragraphs —
a
keep readily accessible a means (whether in a book or books or by electronic means), in a form approved by the Secretary of State, by which a person employed by the employer or some other person acting on his behalf may record the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to that person; and
b
preserve every such record for the period of at least 3 years from the date of its entry.
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
1
The Social Security (Claims and Payments) Regulations 1987 (“the principal Regulations”) shall be amended in accordance with the following provisions of this Regulation.
2
At the beginning of pragraph (8) of regulation 6 of the principal Regulations there shall be inserted the words “Subject to paragraph (8A)” and after paragraph (8) there shall be inserted the following paragraph —
8A
Where, in a case which would otherwise fall within paragraph (8), it is not possible to determine the date when the request for a claim form was received in an appropriate office because of a failure to record that date, the claim shall be treated as having been made on the date 6 weeks before the date on which the properly completed claim form is received in an appropriate office.
.
3
In sub-paragraph (a) of paragraph (3) of regulation 19 of the principal Regulations, for the words “to one month,” there shall be substituted the words “and if the time prescribed in relation to that benefit in column (2) of that Schedule is less than one month, by such period as may be specified in the certificate, but not so as to extend the prescribed time for claiming to more than one month;”.
4
In paragraph (1) of regulation 27 of the principal Regulations, after the words “Subject to regulation 21” there shall be inserted the words “and paragraph (1A)”, and after that paragraph there shall be inserted the following paragraph —
1A
Subject to paragraph (2), where an amount of family credit or disability working allowance becomes payable which is at a weekly rate of not more than £4.00, that amount shall, if the Secretary of State so directs, be payable as soon as practicable by means of a single payment; except that if that amount represents an increase in the amount of either of those benefits which has previously been paid in respect of the same period, this paragraph shall apply only if that previous payment was made by means of a single payment.
.
5
Regulation 30 of the principal Regulations shall be amended as follows —
a
at the beginning of each of paragraphs (6) and (6B) there shall be inserted the words “Subject to the following provisions of this regulation,”;
b
after paragraph (6B) there shall be inserted the following paragraphs —
6C
Subject to paragraph (6D), where the Secretary of State certifies that to do so would be consistent with the proper administration of the Social Security Contributions and Benefits Act 1992 the period specified in paragraphs (6)(a) and (c) and (6B)(b) and (c) shall be extended by such period, not exceeding 6 months, as may be specified in the certificate.
6D
a
Where a certificate is given under paragraph (6C) extending the period specified in paragraph (6)(a) or (6B)(b), the period specified in paragraph (6)(c) or (6B)(c) shall be shortened by a period corresponding to the period specified in the certificate;
b
no certificate shall be given under paragraph (6C) which would enable a claim to be made more than 12 months after the date of death (in a case falling within paragraph (6)) or the date of a death certificate being issued in respect of the person who has died (in a case falling within paragraph (6B)); and
c
in the application of sub-paragraph (b) any period between the date when an application for a person to be appointed to make a claim is made and the date when that appointment is made shall be disregarded.
.
6
In regulation 37 of the principal Regulations —
a
in paragraph (2) for the words “on or before the relevant date” there shall be substituted the words “within the relevant period”;
b
in paragraph (3) for the words “on or before the relevant date” there shall be substituted the words “within the relevant period”;
c
in paragraph (4) for the words “on or before the relevant date” there shall be substituted the words “within the relevant period”; and
d
for paragraph (5) there shall be substituted the following paragraph —
5
For the purposes of this regulation —
a
“relevant period” means —
i
where the appeal in question would fall to be determined by a Social Security Commissioner, the period of one month; and
ii
in any other case, the period of 3 months,
beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the adjudication officer; and
b
a claimant is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
7
For regulation 37A of the principal Regulations there shall be substituted the following regulation —
37A
1
Where it appears to the Secretary of Statethat —
a
an appeal has been brought or a question arises whether an appeal ought to be brought against a decision of a Social Security Commissioner or of the appropriate court in relation to a case (“the primary case”); and
b
if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of benefit (whether the same benefit as in the primary case or not) in that case ought to be revised,
he may direct that payment of benefit under the award in the secondary case be suspended, in whole or in part —
i
until the time limit for making an application or lodging a petition for leave to appeal in the primary case has expired; or
ii
if such an application is made or petition lodged, until that application or petition and any consequent appeal has been determined,
whichever is the later.
2
In this regulation “appeal” includes an appeal in relation to an application for judicial review made in accordance with Order 53 of the Rules of the Supreme Court 1965 or, in Scotland, an appeal in relation to such an application under the supervisory jurisdiction of the Court of Session, and, in relation to such an application “the appropriate court” includes the High Court or, as the case may be, the Court of Session.
8
For sub-paragraphs (c) and (d) of paragraph (2A) of regulation 38 of the principal Regulations there shall be substituted the following sub-paragraph —
c
the Secretary of State has certified either —
i
that no instrument of payment has been given or sent to the person to whom it is payable and that no payment has been made under the provisions of regulation 21 (automated credit transfer); or
ii
that such instrument has been produced to him and that no further instrument has been issued as a replacement,
.
9
In paragraph 1 of Schedule 9 to the principal Regulations, at the end of the definition of “mortgage payment” there shall be added the words “, minus any amount which is not allowed under paragraph 10 of that Schedule or deducted under paragraph 11 of that Schedule.”.
10
In paragraph 4 of Schedule 9 to the principal Regulations after head (aa) of sub-paragraph (2) there shall be inserted the following head —
ab
in a case where the beneficiary does not have a preserved right within the meaning of regulation 19 of the Income Support Regulations and is not liable to make a payment to a local authority under section 22 of the National Assistance Act 1948 an amount equal to the amount of the award of income support payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary (as determined in accordance with regulation 28 of the Income Support Regulations) will equal the aggregate of the amounts —
i
prescribed by paragraph 13 of Schedule 4 to the Income Support Regulations; and
ii
where the charge for the accommodation does not include the provision of all meals, an amount calculated under paragraph 2(2)(b) of that Schedule.
.
11
For sub-paragraph (1) of paragraph 7A of Schedule 9 there shall be substituted the following sub-paragraph —
1
Subject to sub-paragraph (2), where a child support officer (within the meaning of section 13 of the Child Support Act 1991) has determined that section 43 of that Act and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (contribution to maintenance by deduction from benefit) apply in relation to a beneficiary or his partner, the adjudicating authority shall [subject to paragraph 8], if it is satisfied that there is sufficient specified benefit in payment, determine that a weekly amount of that benefit shall be deducted by the Secretary of State for transmission to the person or persons entitled to it.
.
12
In paragraph 7A(2) of Schedule 9, for the words “paragraph (1)” there shall be substituted the words “sub-paragraph (1)”.
13
In paragraph 3(1) of Schedule 9A, after the words “relevant benefits which,” there shall be inserted the words “as determined by the adjudicating authority”.
Amendment of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989
4
In regulation 4(1)(b) of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 , after the words “regulation 2(1)” there shall be inserted the words “or regulation 2 of the Council Tax (Deductions from Income Support) Regulations 1993”.
Amendment of the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990
5
In the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 —
a
in regulation 2(4)(a)(i), for the words “paragraph 1(1)(c)” there shall be substituted the words “paragraph 1(1)(e)”;
b
in regulation 2(5), after the words “one or more further applications” there shall be inserted the words “or one or more applications under regulation 2 of the Council Tax (Deductions from Income Support) Regulations 1993”; and
c
in paragraph 34(2) of Schedule 2, for the word “within”, in the second place where it appears, there shall be substituted the word “with”.
Amendment of the Council Tax (Deductions from Income Support) Regulations 1993
6
In the Council Tax (Deductions from Income Support) Regulations 1993 —
a
in regulation 3, for the words “Local Government Act” there shall be substituted the words “Local Government Finance Act”;
b
in each of paragraphs 6(a), 13(1)(a) and 13(1)(c) of Schedule 2, for the words “the 1992 Act” there shall be substituted the words “the Administration Act”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
25th August 1993


text:
1
This Order may be cited as the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Further Modification) Order 1993 and shall come into force on 9th December 1993.
2
In this Order —
“ the Act ” means the Transport Act 1985; and
“Schedule 4 as modified” means Schedule 4 to the Transport Act 1968 as modified for the purposes of its application to transfers under section 50(4), 59(7), 61(11) or 68(7) of the Act by the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) Order 1985 .
3
Schedule 4 as modified is further modified for the purposes of its application to transfers under section 61(11) of the Act by the insertion after paragraph 10 of that Schedule of paragraph 10A as set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
11th November 1993


text:
Title, extent and commencement
1
These Regulations may be cited as the Suckler Cow Premium Regulations 1993, shall apply in Great Britain and shall come into force on 30th June 1993.
Interpretation
2
–
1
In these Regulations, unless the context otherwise requires–
“applicant” means a producer who has applied for premium;
“appropriate Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales or Scotland, the Secretary of State concerned with agriculture in those parts of the United Kingdom;
“authorised person” means a person (whether or not an officer of that Minister) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“cattle” means cows and heifers;
“Commission Regulation 3886/92” means Commission Regulation ( EEC ) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and repealing Regulations (EEC) No. 1244/82 and (EEC) No. 714/89 ( ), as amended by Commission Regulation (EEC) No. 538/93 ( );
“Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes( );
“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal( ), as amended, so far as is relevant to these Regulations, by Council Regulation (EEC) No. 2066/92 ( ) and Council Regulation (EEC) No. 125/93 ( );
“forage area” has the same meaning as in Article 4g(3) of Council Regulation 805/68;
“holding” has the same meaning as in Article 4a of Council Regulation 805/68;
“premium” means the premium for maintaining suckler cows which is payable under Article 4d of Council Regulation 805/68;
“producer” has the same meaning as in Article 4a of Council Regulation 805/68;
“relevant date” means, in relation to an applicant, the date on which his application was submitted to the appropriate Minister;
“specified control measure” means any check which a Member State is required to carry out under Article 6 of Commission Regulation 3887/92; and
“specified record” means any record which is required to be retained by virtue of regulation 4.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 805/68, Commission Regulation 3886/92 and Commission Regulation 3887/92.
3
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Applications
3
–
1
For the purpose of Article 24(2) of Commission Regulation 3886/92, the period in each calendar year during which an application for premium may be submitted shall be the period from and including 1st July to and including 11th December in that calendar year.
2
A producer shall not be entitled to submit more than one application for premium during any one calendar year.
Retention of records
4
–
1
An applicant shall retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to–
a
the number of cattle kept on his holding during the period of six months following that date, and
b
any transaction concerning cattle, milk or milk products carried out by him on that date and during the period of twelve months following that date.
2
Without prejudice to the generality of the provisions of paragraph (1) above, an applicant shall either–
a
retain for a period of four years from the relevant date the special register referred to in Article 4g(4) of Council Regulation 805/68, or
b
retain for such period any records which he has kept under Article 3(1) of the Movement of Animals (Records) Order 1960( ) and Article 9(1) of the Bovine Animals (Iden-tification, Marking and Breeding Records) Order 1990( ), provided that the suckler cows for which an application for premium was made are clearly distinguished from the other animals recorded in such records.
Powers of authorised persons
5
–
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
carrying out any specified control measure, or
b
ascertaining whether an offence under regulation 9(d) has been or is being committed.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, a holding occupied by, or in the possession of, an applicant.
3
An authorised person who has entered any land by virtue of this regulation may–
a
inspect and verify the total area of land, including forage area, farmed by an applicant;
b
inspect and count any cattle on that land; and
c
carry out any other activity which is a specified control measure.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised person may–
a
require an applicant or any employee, servant or agent of an applicant to produce any specified record and to supply such additional information in that person’s possession or under his conrol relating to an application for premium as the authorised person may reasonably request;
b
inspect any such specified record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record;
c
require that copies of, or extracts from, any specifie d record be produced;
d
seize and retain any such specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
6
An applicant or any employee, servant or agent of an applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred under regulation 5 and in particular, in relation to any cattle, shall arrange for the collection, penning and securing of such cattle, if so requested.
Recovery of premium
7
–
1
Where an applicant intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from carrying out a specified control measure, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out a specified control measure, the appropriate Minister shall be entitled to recover on demand from that applicant the whole or any part of any premium paid to him.
2
Where a person (other than an applicant) intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from carrying out a specified control measure, or fails without reasonable excuse to comply with a request made by an authorised person for the purpose of carrying out a specified control measure, the appropriate Minister shall be entitled where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any premium paid to that applicant.
Rate of interest
8
Except where the appropriate Minister recovers from any applicant any premium or part of any premium paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences
9
It shall be an offence for a person–
a
without reasonable excuse, to fail to comply with the provisions of regulation 4;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 5;
c
without reasonable excuse, to fail to comply with a request made under regulation 6; or
d
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished–
i
in purported compliance with any requirement imposed by regulation 4; or
ii
for the purposes of obtaining for himself or any other person the whole or any part of any premium.
Punishment of offences
10
–
1
A person guilty of an offence under regulation 9(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 9(d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
11
–
1
Proceedings for an offence under regulation 9 may, subject to paragraph (2) below, in England and Wales be brought, and in Scotland be commenced, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be brought by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975( ) (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
12
–
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th June 1993.
(L.S.)
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th June 1993


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Act 1992 (Commencement No.3) Order 1993.
2
In this Order “the 1992 Act ” means the Local Government Act 1992.
Provisions of the 1992 Act coming into force on
2
Section 11 of the 1992 Act so far as it relates to paragraph 12 of Schedule 1, and that paragraph, shall come into force on 6th January 1994.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
16th December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Miscellaneous Modifications) Regulations 1993 and shall come into force on 14th April 1993.
Modifications to the Anthrax Prevention Order 1971
2
Articles 4 and 5 of the Anthrax Prevention Order 1971 (which impose restrictions on the importation of certain goods into Great Britain) shall cease to have effect insofar as they relate to the importation of those goods into that country from any member State.
Modifications to the Control of Substances Hazardous to Health Regulations 1988
3
1
Regulation 4(2) of the Control of Substances Hazardous to Health Regulations 1988 (which prohibits the importation of certain substances and articles into the United Kingdom) shall cease to have effect insofar as it relates to the importation of those substances and articles into that country from any member State.
2
Regulation 4(3) of the Control of Substances Hazardous to Health Regulations 1988 (which prohibits the supply of certain substances and articles) shall be modified by substituting the words “specified in paragraph (2)” for the words “the importation of which is prohibited by paragraph (2)”.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
15th March 1993