text:
Title and commencement
1
This Order may be cited as the Fishing Boats (European Economic Community) Designation (Variation) Order 1992 and shall come into force on 31st December 1992.
Variation of the Fishing Boats (European Economic Community) Designation Order 1983
2
The Fishing Boats (European Economic Community) Designation Order 1983 shall be varied by substituting for the definition of the baselines the following definition —
“the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd December 1992
Patrick Mayhew
Secretary of State for Northern Ireland
3rd December 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
8th December 1992


type: legislation

jurisdiction: UK

text:
1
The length of highway described in the Schedule and indicated by narrow striped hatching on the plan shall become a trunk road as from the date on which this Order comes into force.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
“the plan” means the plan numbered HA10/2E/309 marked “The A421 Road (M1 Motorway (Junction 13) to South Bedford) Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY.
3
This Order may be cited as the A421 Road (M1 Motorway (Junction 13) to South Bedford) Order 1992 and shall come into force on the date on which the Secretary of State for Transport notifies the Bedfordshire County Council that the new trunk roads and the slip roads defined in article 1 of the A428 Trunk Road (Bedford Southern Bypass) Order 1991 and in article 1 of the A428 Trunk Road (Bedford Southern Bypass) Order 1992 are open to public traffic. Peter Emms
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
1st May 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Salmon Act 1986 (Commencement and Transitional Provisions) Order 1992.
2
In this Order “the 1986 Act ” means the Salmon Act 1986.
Appointed day
2
Section 21 of the 1986 Act shall come into force on 1st January 1993.
Transitional provisions
3
Where proceedings for an offence of illegal fishing under section 2 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 were commenced but have not been completed before the coming into force of subsection (1A) of that Act and before the coming into force of the Salmon (Definition of Methods of Net Fishing and Construction of Nets) (Scotland) Regulations 1992 the offence shall continue to be dealt with, inquired into and tried and determined as if the said subsection (1A) and the said Regulations had not come into force.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th August 1992


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Regulations 1992 and shall come into force on 1st April 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977 ;
“assistant” means any dentist employed either whole-time or part-time under a contract of service by another dentist for the purpose of providing general dental services on behalf of that other dentist;
“associateship agreement” means an agreement between dentists practising as principals —
to which there are two parties, not being partners of each other, and
whereby one party is liable to provide, for financial consideration, the use of some or all premises and of some or all facilities for the provision of general dental services by the other party;
“the Board” means the Dental Practice Board;
“capitation arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 5 of Schedule 1;
“care and treatment” means —
all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment and preventive care, and
treatment;
“continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1;
“dental officer” means a dentist in the service of the Board, or of the Welsh Office, as the case may be;
“dental surgery” means any part of the practice premises where care and treatment is provided;
“dentist” means a registered dental practitioner;
“deputy” means a dentist acting on behalf of another dentist, otherwise than in the capacity of an assistant, for the purpose of providing general dental services;
“doctor” means a registered medical practitioner;
“Drug Tariff” means the statement prepared by the Secretary of State under regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;
“emergency dental services” means treatment which is provided pursuant to arrangements made under regulation 14;
“estimate” means a form supplied by an FHSA , completed by the dentist and submitted to the Board in accordance with paragraph 26 of Schedule 1 for the purpose of obtaining prior approval under that paragraph;
“FHSA” means a Family Health Services Authority ;
“listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the Act ;
“Local Dental Committee”, “Local Medical Committee” and “Local Pharmaceuti cal Committee” mean the committees of those names which are recognised by the FHSA in relation to its locality under section 44 of the Act ;
“locality” means the locality for which an FHSA is established;
“mobile surgery” means any vehicle in which care and treatment is provided;
“ NHS charge” means the charge, authorised under the National Health Service (Dental Charges) Regulations 1989 , to the patient within the meaning of those Regulations;
“occasional treatment” means such treatment as is mentioned in paragraph 17 of Schedule 1;
“oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as in the case of any patient is reasonable having regard to the need to safeguard his general health;
“patient” means a person for whom a dentist agrees to provide general dental services;
“patient record” means a form supplied by an FHSA for the purpose of maintaining a record of treatment;
“practice premises” means in relation to any dentist, any premises at which he provides general dental services, or any mobile surgery of his;
“practice record form” means a form supplied by an FHSA and completed in accordance with paragraph 27 of Schedule 1 for the purpose of obtaining general dental services in circumstances where the dentist intends to use a computer to send an estimate to the Board;
“prior approval treatment” means any item of treatment referred to in Part I of Schedule 4 or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;
“private”, in the context of care and treatment, means otherwise than under general dental services or Part I of the Act, and “privately” shall be construed accordingly;
“salaried dentist” means a dentist employed by an FHSA who undertakes to provide general dental services at a health centre;
“Scale of Fees” means the Scale of Fees set out in Determination I of the Statement of Dental Remuneration;
“Statement of Dental Remuneration” means the Statement published by the Secretary of State pursuant to the provisions of regulation 19;
“supply”, in relation to an appliance, includes replacement;
“terms of service” means the terms of service contained, or referred to, in Schedule 1;
“trauma” means damage to teeth, gingival tissues or alveoli caused by a force arising outside the mouth, resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;
“treatment” means all proper and necessary dental treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventive treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances, orthodontic treatment and the taking of radiographs and the provision of general anaesthesia and sedation in connection with such treatment and the supply of listed drugs and the issue of prescriptions in accordance with paragraphs 22 and 23 of Schedule 1; and
“treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 1.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations;
b
any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation;
c
any reference in a regulation to a numbered Schedule is a reference to the Schedule to these Regulations bearing that number; and
d
any reference to a form supplied by an FHSA includes a reference to a form which, though not supplied by the FHSA, is in all material respects the same as a form which is supplied by that FHSA in its locality.
PART II
GENERAL ARRANGEMENTS FOR PROVISION OF GENERAL DENTAL SERVICES
Terms of service
3
The arrangements with dentists for the provision of general dental services which it is the duty of an FHSA under section 35 of the Act to make, and under section 15(1)(a) of the Act to administer, shall incorporate —
a
in the case of a dentist undertaking to provide general dental services (other than emergency dental services), otherwise than as a salaried dentist, the terms of service contained in Parts I, II , III , IV and V of Schedule 1;
b
in the case of a dentist undertaking to provide general dental services (other than emergency dental services), as a salaried dentist, the terms of service contained in Parts I, II, III, IV and VI of Schedule 1;
c
in the case of the provision of emergency dental services by a dentist undertaking to provide emergency dental services, the terms of service contained in Parts I and III, paragraphs 19, 20, 21, 22, 23 and 25 of Part IV and paragraphs 39, 40, 41 and 42 of Part VI of Schedule 1.
Dental list
4
1
An FHSA shall prepare a list, to be called the dental list, of dentists who, pursuant to the provisions of regulation 5, have undertaken to provide general dental services in its locality and who are not disqualified for inclusion by virtue of the provisions of —
a
section 36(2), 47(1) or 48(b) of the Act; or
b
section 8(2) of the Health and Medicines Act 1988 ; or
c
regulation 7 (restrictions on the right to be included in a dental list).
2
The dental list shall, in addition to containing the name of a dentist, —
a
contain —
i
the addresses of all his practice premises and, where he provides general dental services at a mobile surgery only, the address at which correspon dence in connection with such provision may be sent to him;
ii
particulars of the days and hours when he is or will usually be in attendance at the practice premises for the provision of general dental services and, in the case of any mobile surgery, particulars of the places visited regularly by him and the times of those visits;
iii
the name of any other dentist in association with whom he provides general dental services at his practice premises;
iv
the date of his registration as a dental practitioner in the register kept under section 14 of the Dentists Act 1984 , particulars of the dental qualifica tion which entitled him to be so registered, including the date on which the qualification was awarded, and particulars of any other dental qualification held by him which is registrable pursuant to section 19(1)(c) of the Dentists Act 1984 ; and
b
indicate —
i
whether the dentist provides only orthodontic treatment; and
ii
whether there is access to the dental surgery without the use of stairs.
3
The dental list may, provided that the dentist consents to their inclusion, also give particulars of any languages, other than English, spoken by the dentist.
4
The dental list may, if an FHSA thinks fit, be so arranged as to show the part of the locality in which each dentist has undertaken to provide general dental services.
5
A dentist whose name is included in the dental list of an FHSA shall notify the FHSA of any occurrence requiring an alteration to the information recorded in relation to him in the dental list within 14 days of the date of such occurrence.
6
An FHSA shall —
a
send to the Board and the Local Dental Committee a copy of its dental list; and
b
notify the Board and the Local Dental Committee of any alteration to its dental list within 7 days of the date on which the alteration is made.
7
Subject to paragraph (9), an FHSA shall —
a
send, if requested to do so, a copy of the dental list to —
i
the Secretary of State;
ii
the Local Medical Committee;
iii
the Local Pharmaceutical Committee;
iv
the relevant Regional Health Authority ;
v
a District Health Authority any part of the district of which is in the locality of the FHSA;
vi
the Board of Governors of the Eastman Dental Hospital ;
vii
an NHS Trust the functions of which consist of or include the management of a hospital which is situated in the locality of the FHSA; and
viii
a person whose name is included in the list maintained by the FHSA pursuant to section 42(2)(a) of the Act; and
b
in that event, notify them, at intervals of not less than 3 months, of any alterations made to the dental list.
8
An FHSA shall, if necessary, prepare an updated dental list each year and send a copy —
a
to the Board and the Local Dental Committee; and
b
subject to paragraph (9), to any person mentioned in paragraph (7)(a) who under that paragraph requested a copy of the dental list.
9
Where an FHSA considers that only parts of, or only some of the alterations to, the dental list are likely to concern any person mentioned in paragraph (7)(a), the FHSA may instead of sending them a copy of the list or notifying them of all those alterations send that person a copy only of those parts or, as the case may be, notify him only of those alterations.
Application for inclusion in the dental list
5
1
A dentist who wishes to have his name included in the dental list shall make an application to the FHSA in writing which —
a
shall include —
i
in the case of a salaried dentist or a dentist undertaking to provide only emergency dental services, the information specified in paragraphs 1, 2, 3, 4, 5 and 11 of Part I of Schedule 2 and the undertaking specified in that Part of that Schedule; and
ii
in any other case, all the information and the undertaking specified in Part I of Schedule 2; and
b
may include the information specified in Part II of that Schedule.
2
The FHSA shall determine an application made by a dentist under paragraph (1) within 14 days of the date of its receipt of the application or, where the FHSA considers the proposed practice premises should be inspected, within 14 days of the date of that inspection.
Local directory of dentists
6
1
An FHSA may prepare, and thereafter maintain, in addition to a dental list, another list, to be known as the local directory of dentists, which may contain, in respect of each dentist whose name is included in its dental list —
a
any information included in the dental list in respect of the dentist; and
b
any other information related to the provision of general dental services which the FHSA has agreed with the Local Dental Committee to be appropriate.
2
Where the FHSA has agreed with the Local Dental Committee that certain information is appropriate for inclusion in the local directory of dentists, it may request in writing any dentist whose name is included in its dental list to furnish the FHSA with such information as it relates to him, and the dentist shall furnish that information to the FHSA within 28 days of the date of the FHSA’s request.
Restrictions on the right to be included in a dental list
7
1
A dentist shall not be entitled to have his name included in the dental list prepared by any FHSA where the circumstances specified in paragraph (2) apply.
2
The circumstances referred to in paragraph (1) are —
a
if the dentist has previously withdrawn his name from the dental list prepared by any FHSA or any list prepared pursuant to section 25(2)(a) of the National Health Service (Scotland) Act 1978 in circumstances where the Secretary of State has certified for the purposes of regulation 8(7) of the National Health Service (Superannuation) Regulations 1980 or, as the case may be, regulation 10(4) of the National Health Service (Superannuation) (Scotland) Regulations 1980 that, in the interests of the efficiency of general dental services, he should cease to provide such services; or
b
if the FHSA is not satisfied following an inspection that the proposed practice premises meet the requirements of paragraph 33 of Schedule 1.
Removal from dental list
8
1
Subject to sub-paragraph (2), where an FHSA determines that a dentist whose name is included in the dental list —
a
has died; or
b
subject to section 35(3) of the Act, is no longer a dentist; the FHSA shall remove his name from the dental list with effect from the date of its determination.
2
Where a dentist has died and —
a
for so long as his practice is carried on by his personal representatives in accordance with the provisions of the Dentists Act 1984 , and
b
the personal representatives have appointed for that purpose a dentist whose name is included in the dental list of the FHSA,
the FHSA shall not remove the dentist’s name from the dental list.
3
Subject to paragraph (5), where an FHSA determines, in accordance with paragraph (4), that a dentist whose name has been included for the preceding 6 months in the dental list has not during that period provided general dental services, the FHSA may remove the dentist’s name from the dental list.
4
Before making any determination under paragraph (3) the FHSA shall —
a
give the dentist 28 days' notice of its intention to do so;
b
afford the dentist an opportunity of making representations to the FHSA in writing or, if he so wishes, in person; and
c
except where the dentist is a salaried dentist, consult the Local Dental Committee.
5
In calculating the period of 6 months referred to in paragraph (3) there shall be disregarded any period during which —
i
the dentist was performing relevant service;
ii
the dentist was on maternity leave; or
iii
the dentist was unable to provide general dental services because of sickness.
6
In this regulation —
a
“relevant service” means —
i
whole-time service in the armed forces of the Crown in a national emergency as a volunteer or otherwise; or
ii
compulsory whole-time service in those forces, including service resulting from any reserve liability; or
iii
any equivalent service by a person liable for compulsory whole-time service in those forces; and
b
“maternity leave” means the period of one year beginning with the date of confinement.
7
Nothing in this regulation shall prejudice any right of a dentist to have his name included again in a dental list.
Removal from dental list on grounds of age
9
1
An FHSA shall, on each of the dates specified in column (1) of the Table below, remove from the dental list the name of any dentist included in the list who has, on or before that date, attained the age specified in column (2) of the Table in relation to that date.
Table
(1) (2)
1st April 1992 the age of 70 1st April 1993 the age of 69 1st April 1994 the age of 68 1st April 1995 the age of 67 1st April 1996 the age of 66 1st April 1997 the age of 65
2
An FHSA shall, on 1st April in 1998 and in each successive year thereafter, remove from the dental list the name of any dentist included in the list who has attained the age of 65 during the period of 12 months ending on 1st April in that year.
3
An FHSA shall give to any dentist whose name is to be removed from the dental list in accordance with paragraph (1) or (2) —
a
notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed; and
b
a further such notice not less than 3 months nor more than 4 months before that date;
but failure to give notice to any dentist as required by sub-paragraph (a) or (b) of this paragraph shall not prevent the removal of that dentist’s name from the dental list in accordance with paragraph (1) or (2).
4
An FHSA shall, no later than 7 days after the removal in accordance with paragraph (1) or (2) of the name of any dentist from the dental list, notify the Board in writing of the name, address and date of birth of the dentist in question and of the number by which his arrangement with the FHSA is identified.
Withdrawal from dental list
10
1
Where a dentist wishes to withdraw his name from the dental list —
a
he shall give 3 months' notice in writing to the FHSA, or such shorter period as he may agree with the FHSA, before the date on which he wishes his name to be removed from the dental list; and
b
subject to paragraph (2), the FHSA shall remove the dentist’s name from the dental list on the expiry of the period of notice given under sub-paragraph (a) of this paragraph.
2
Where, in relation to any dentist, representations are made to the Tribunal under section 46 of the Act (disqualification of practitioners) that the continued inclusion of his name in a dental list would be prejudicial to the efficiency of general dental services, the name of the dentist shall not, except with the consent of the Secretary of State, be removed from the dental list until the proceedings in relation to those representations have been determined.
3
Paragraph (2) shall not apply in the case of a dentist who has reached an age at which the following 1st April his name shall be removed from the dental list in accordance with regulation 9.
Information about assistants
11
An FHSA shall send to the Board any information it receives under paragraph 35(5) of Schedule 1 (employment of assistants) within 7 days of the date of its receipt of the information.
Information about associateship agreements
12
1
Where an associateship agreement is made, written notice of the parties to that agreement and of the date on which the agreement was made shall be given to the FHSA within 7 days of the date on which the agreement was made.
2
Written notice of any change in the parties to, or of the termination of, any associateship agreement shall be given to the FHSA within 7 days of the date of such change or termination.
3
Any notice required by this regulation shall be given by the person or, if more than one, one of the persons, liable by virtue of the associateship agreement to provide the use of premises and facilities.
4
An FHSA shall supply to the Board the information it receives under paragraphs (1) and (2) within 7 days of the date of its receipt of the information.
Transfer of continuing care and capitation arrangements
13
1
Subject to paragraph (2), where a dentist who is providing care and treatment for patients under continuing care arrangements or capitation arrangements ceases to have his name included in the dental list, the FHSA may, after consultation with the Local Dental Committee and with the agreement of the patients concerned, make arrangements with one or more dentists (whose names are included in the dental list) for the continuing care arrangements or capitation arrangements to be transferred to that or those dentists.
2
Where a dentist has died and his name remains on the dental list in accordance with regulation 8(2), the FHSA shall, subject to the agreement of the patients concerned, make arrangements with the dentist appointed by the personal representatives of the deceased dentist for the care and treatment under any continuing care arrangements or capitation arrangements entered into by the deceased dentist to be provided by that dentist.
Emergency dental services
14
1
An FHSA may make arrangements with any dentist whose name is included in its dental list for the provision of treatment in urgent cases at a health centre when dentists in its locality or part of its locality, are not normally available to provide general dental services.
2
In this regulation an “urgent case” means any circumstances in which, in the opinion of the dentist, a patient needs immediate treatment for an acute condition.
Arrangements for emergency cover
15
It shall be the responsibility of an FHSA to make any arrangements that may be necessary to enable a salaried dentist whose name is included in its dental list to comply with his obligation under paragraph 6 of Schedule 1.
FHSA patient information leaflets
16
An FHSA shall compile and, from 1st October 1992, make available to any person who may reasonably require one, a document about the provision of general dental services at any health centre in its locality (in this regulation called an “FHSA patient information leaflet”) which shall include the information specified in Schedule 6.
PART III
METHOD OF OBTAINING GENERAL DENTAL SERVICES
Application for services
17
1
A person aged 18 or over may apply to any dentist whose name appears in any dental list for general dental services by way of —
a
care and treatment under a continuing care arrangement; or
b
treatment on referral; or
c
occasional treatment.
2
Subject to paragraph (3), a person under the age of 18 may apply to any dentist whose name appears in any dental list for general dental services by way of —
a
care and treatment under a capitation arrangement; or
b
treatment on referral; or
c
occasional treatment.
3
A dentist may not enter into a capitation arrangement with a person during the month before he attains the age of 18.
4
A person under the age of 18 may apply to a dentist for general dental services by way of care and treatment under a continuing care arrangement at any time during the month before he attains the age of 18 provided that he is not immediately before that date receiving care and treatment under a capitation arrangement with that dentist.
5
A person who is receiving care and treatment under a capitation arrangement with a dentist may at any time after he attains the age of 17 apply for general dental services by way of care and treatment under a continuing care arrangement with that dentist from the date that he attains the age of 18.
6
Application under this regulation shall be made in person at the practice premises unless a person is unable to attend those premises owing to illness or any other reasonable cause.
Exercise of choice of dentists in certain cases
18
1
An application to a dentist for general dental services shall be made —
a
on behalf of any person under the age of 16, by either parent, or in the absence of both parents, the guardian or other person who has the care of the child;
b
on behalf of any other person who is incapable of making such an application, by a relative or any person who has the care of such person; and
c
on behalf of any person under the age of 18 —
i
in the care of an authority to whose care he has been committed under the provisions of the Children Act 1989 , by a person duly authorised by that authority;
ii
in the care of a voluntary organisation by that organisation or a person duly authorised by them;
d
on behalf of any person detained in a prison or a young offender institution, by the governor or, in the case of a contracted out prison within the meaning of section 84 of the Criminal Justice Act 1991 , the director or the controller, as the case may be.
2
An application under paragraph (1) may not be made by the dentist to whom the application is made.
PART IV
REMUNERATION OF DENTISTS
Statement of Dental Remuneration
19
1
The Secretary of State shall after consultation with such organisation as appears to him to be representative of persons providing general dental services make provision for each of the matters set out in column (2) of the Table below in a determination and each determination shall bear the number in column (1) of that Table which corresponds to the subject matter of the determination.
Table
(1) (2) Determination Subject Matter of Determination
I A Scale of Fees which shall prescribe the remuneration to be paid to a dentist, other than a salaried dentist, for care and treatment under a continuing care arrangement or a capitation arrangement, treatment on referral and occasional treatment and the conditions of payment of remuneration; II Rates of remuneration for a salaried dentist and for the provision of emergency dental services; III Seniority payments; IV Vocational training allowances; V Incentive scheme allowances; VI Maternity payments; VII Long term sickness payments; VIII Postgraduate education allowances; IX Reimbursement of non-domestic rates.
2
The Secretary of State shall publish the determinations in a statement called the Statement of Dental Remuneration.
3
The Secretary of State —
a
may amend the determinations, in whole or in part, after consultation with the organisation referred to in paragraph (1); and
b
shall publish any such amendment in the Statement of Dental Remuneration.
Approval of payments
20
1
The Board shall, where it is satisfied —
a
that a patient has been accepted by a dentist, other than a salaried dentist, under a continuing care arrangement or a capitation arrangement or for treatment on referral, make the payments which, in accordance with the Scale of Fees, fall to be made by it to the dentist in respect of such an arrangement or referral; or
b
that a continuing care arrangement or a capitation arrangement has terminated or treatment on referral has terminated or has been completed, cease such payments to the dentist.
2
The Board shall, where it approves a claim for remuneration made by a dentist, other than a salaried dentist, in respect of —
a
care and treatment under a continuing care arrangement or a capitation arrangement;
b
treatment on referral; or
c
occasional treatment,
completed by the dentist, pay, in accordance with the Scale of Fees, the remuneration due to the dentist in respect of such care and treatment, treatment on referral, or occasional treatment.
3
The Board shall, where it approves a claim for remuneration made by a dentist, other than a salaried dentist, in any case falling within paragraph 14 or 17(4) of Schedule 1 (inability of dentist to complete treatment), pay, in accordance with the Scale of Fees, and without prejudice to the provisions of the National Health Service (Dental Charges) Regulations 1989 , the remuneration due to that dentist, in respect of such care and treatment or occasional treatment as he has provided.
4
The remuneration which it is the function of the Board to pay shall be paid in accordance with Determinations I, III, IV, VI, VII, VIII and IX of the Statement of Dental Remuneration.
5
The FHSA —
a
shall pay to a salaried dentist and a dentist providing emergency dental services remuneration in accordance with Determination II of the Statement of Dental Remuneration; and
b
shall pay a dentist, other than a salaried dentist, remuneration in accordance with Determination V of the Statement of Dental Remuneration.
6
In the case of orthodontic care and treatment the Board may make such payments on account as it considers appropriate pending completion of that care and treatment.
Drugs
21
The fees payable by an FHSA to a dentist in respect of listed drugs supplied by him under paragraph 22(1) of Schedule 1 for use before a supply can otherwise be obtained under paragraph 23 of that Schedule shall be calculated in accordance with the provisions of the Drug Tariff.
Recovery of overpayments
22
1
Where the FHSA or the Board considers it has made a payment to a dentist owing to an error or in circumstances when it was not due, the FHSA or, as the case may be, the Board shall, except to the extent that the Secretary of State on the application of the FHSA or, as the case may be, the Board directs otherwise, shall draw that overpayment to the attention of the dentist and —
a
where he admits the overpayment; or
b
where he does not admit the overpayment but, the matter having been referred under regulation 7 of the National Health Service (Service Committees and Tribunal) Regulations 1992 for investigation, the FHSA, or the Secretary of State on appeal, decides that there has been an overpayment,
the amount overpaid shall be recoverable either by deduction from the remuneration of the dentist or in some other manner.
2
Recovery of an overpayment under this regulation shall be without prejudice to the investigation of an alleged breach of the terms of service.
PART V
PAYMENTS IN CONSEQUENCE OF SUSPENSION
Interpretation
23
In this Part of these Regulations, unless the context otherwise requires —
a
“claimant” means a person claiming to be entitled to, or receiving, payments;
“erasure” means the erasure of a person’s name from the register;
“fees” does not include remuneration by way of salary;
“immediate suspension” means suspension by virtue of an order under section 30(3) of the Dentists Act 1984 except suspension which is terminated by the court under section 30(6) of that Act;
“interim suspension order” means an order under section 32 of the Dentists Act 1984 ;
“payment” means a payment under this Part of these Regulations;
“register” means the register kept under section 14 of the Dentists Act 1984 and “registration” means registration in that register;
“suspension date” means the date on which suspension of a person’s registration takes effect;
a reference to a direction or an order of the Health Committee is to a direction or an order of that Committee under the Dentists Act 1984 .
Entitlement to payments
24
1
Payments shall be made as provided for by this Part of these Regulations to a person whose registration is suspended by an interim suspension order or by a direction or an order of the Health Committee.
2
Subject to paragraph (3), no payment shall be made to a person —
a
whose registration has been suspended by a direction or an order of the Health Committee once he has received payments in respect of twelve months' such suspension, whether in respect of the same or a previous period of such suspension and whether or not those twelve months formed a continuous period;
b
in respect of any part of a period of suspension where in the period of two years immediately preceding the suspension date he received no fees for the provision of general dental services.
3
In calculating whether a person has received payments in respect of twelve months, suspension under paragraph (2)(a), no account shall be taken of any payment made in consequence of the suspension of his registration by a direction or order of the Health Committee more than five years previously.
4
No payment shall be made to a person for a period (whether the whole or part of a period of suspension) —
a
earlier than eight weeks before the date on which an application for payments is received by the FHSA, unless the FHSA is satisfied that the lateness of the application is due to illness or some other reasonable cause;
b
during which his name is not included in the dental list of an FHSA;
c
during which he is absent from the United Kingdom;
d
for which he is entitled to any benefit under a contract of insurance against the risk of the suspension of his registration or of the circumstances which led to it or for which the FHSA is satisfied he could have been so entitled but for his failure to enter into such a contract or to pay any premium due under such a contract;
e
during which he is serving a term of imprisonment;
f
during which he is remanded in custody in connection with a criminal offence for which he is (then or later) convicted; or
g
during which he is in breach of any condition of bail in connection with a criminal offence for which he is (then or later) convicted.
Application for payments
25
1
An application for payments shall be made to the FHSA in whose dental list the claimant’s name was included immediately before the suspension date; and where his name was then included in the list of more than one FHSA, the application shall be made to the FHSA by whom the larger or largest amount of remuneration was payable to him in the two years immediately preceding that date.
2
An application for payments shall —
a
be made in writing;
b
be made by the claimant or, where he is incapable of applying, on his behalf; and
c
contain or be supported by such information as the FHSA may reasonably require for the purpose of establishing the claimant’s entitlement to payments.
Amount and time of payments
26
1
An FHSA to whom an application for payments is made in accordance with regulation 25 shall, having made such enquiries as it considers relevant, if satisfied that the claimant is entitled to payments by virtue of regulation 24, determine that he shall, in respect of any period for which he is so entitled, receive payments which, subject to paragraphs (2) to (6), shall be of the following amounts —
a
where his registration is suspended by a direction or an order of the Health Committee —
i
£2,984 per month for each of the first six months for which payments are made to him, whether in respect of that or a previous period of such suspension and whether or not those six months form a continuous period, and
ii
£1,492 per month thereafter;
b
where his registration is suspended by an interim suspension order —
i
where the period of interim suspension ends with an order for erasure or immediate suspension, £1,492 per month, and
ii
in any other case, £2,984 per month.
2
Where in the period of two years immediately preceding the suspension date the total amount of a claimant’s gross fees received for the provision of general dental services was less than £142,242, the amount of payments made to him shall (subject to any further reduction under paragraph (3)) be the same proportion of the amount otherwise payable in accordance with paragraph (1) as that total amount of fees is of £142,242.
3
Where a claimant’s name was included in the dental list of an FHSA for a period of less than two years immediately preceding the suspension date the amount of payments made to him shall be the same proportion of the amount otherwise payable in accordance with paragraph (1) or paragraph (2) as the number of complete months in that lesser period is of 24.
4
Where a claimant’s registration has been suspended by an interim suspension order or by a direction or an order of the Health Committee within a period of two years after the expiry of a previous period of any such suspension, the references in paragraphs (2) and (3) to the suspension date shall be taken as references to the suspension date as respects that previous period.
5
Where the FHSA has to make a determination as to payments at a time when it does not know whether or not the period of a person’s interim suspension will end with an order for erasure or immediate suspension, or whether or not he will be convicted of a criminal offence, it shall make that determination as though his period of interim suspension did so end or he was convicted of the offence; but it shall review that determination and determine that a claimant is entitled to an appropriate payment of any arrears if subsequently that period does not so end or he is not convicted of the offence.
6
Where the FHSA determines that a claimant is entitled to a payment, it shall inform the Board of the amount of that payment and authorise the Board to make the payment to the claimant.
7
The Board shall make to the claimant any payments authorised by the FHSA.
8
Payments under paragraph (7) shall be made monthly in arrears, and an appropriate proportion of the amount for a full month shall be paid where the claimant is entitled to a payment for part only of a month.
Changes of circumstances
27
1
A claimant shall notify the FHSA in writing immediately of any changes in his circumstances which he might reasonably be expected to know might affect his entitlement to, or the amount of, any payment made or to be made to him, and in particular of any erasure, immediate suspension, or termination of suspension, of his registration.
2
Where the FHSA considers, whether or not following a notification under paragraph (1), that there has been a change of circumstances affecting a claimant’s payments it shall determine the adjustment as respects those payments which is appropriate to take account of that change and notify the Board accordingly.
Overpayments
28
Where the Board considers that a payment has been made to a person owing to an error or in circumstances where it was not due it shall, except to the extent that the Secretary of State on the Board’s application directs otherwise, draw the overpayment to the attention of that person and —
a
where he admits the overpayment; or
b
where he does not admit the overpayment but, the matter having been referred under regulation 7 of the National Health Service (Service Committees and Tribunal) Regulations 1992 for investigation, the FHSA, or the Secretary of State on appeal, decides that there has been an overpayment,
the overpayment shall be recoverable either by deduction from that person’s remuneration or payments or in some other manner.
PART VI
PRIOR APPROVAL (PATTERNS OF TREATMENT) AND SURVEYS
Prior approval — patterns of treatment
29
1
Where it appears to the Board that a dentist’s pattern of treatment in respect of all or any particular description of treatment, provided as part of general dental services in the locality of any FHSA, differs so substantially from the local or national pattern of treatment of other dentists as to warrant, in the opinion of the Board, further investigation, the Board may write to the dentist —
a
giving details of his pattern of treatment in respect of all or any particular description of treatment and stating the extent to which it differs from the local or national pattern of treatment of other dentists;
b
inviting him to submit to the Board in writing the reasons why his pattern of treatment differs to the extent identified by the Board under sub-paragraph (a) of this paragraph, from that local or national pattern; and
c
giving notice to him that if —
i
he fails to reply within 28 days; or
ii
his reply discloses no reasonable grounds, in the opinion of the Board, for his pattern of treatment to differ, to the extent identified by the Board under sub-paragraph (a) of this paragraph, from that local or national pattern of treatment,
the Board may give a direction as mentioned in paragraph (2).
2
Where the dentist fails —
a
to reply within 28 days; or
b
to disclose the reasonable grounds as mentioned in paragraph (1)(c)(ii),
the Board may direct the dentist that he may not, for a period of not less than 3 months nor more than 9 months specified in the direction, carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board, but nothing in any such direction shall prevent the dentist, without such approval, from giving treatment following trauma or in an emergency, any private treatment or, in the course of any single consultation, treatment of a patient consisting of one examination and the taking of no more than two small radiographs, each of a size not exceeding 16 square centimetres.
3
Where the Board gives a direction under paragraph (2), the direction shall inform the dentist of his right of appeal under regulation 19 of the National Health Service (Service Committees and Tribunal) Regulations 1992 and shall have no effect until the expiry of the period allowed by that regulation for the bringing of an appeal and, if such an appeal is brought, until the determination of the appeal.
4
The Board shall not give a direction to a dentist under paragraph (2) in consequence of having written to him under paragraph (1) more than 12 months previously.
5
Where the Board gives a direction to a dentist under paragraph (2), the Board shall not give a further direction under that paragraph in relation to that dentist in respect of any treatment specified in the earlier direction for a period of 9 months beginning with the expiry of the period specified in the earlier direction or, where the dentist appeals that earlier direction and the appeal is allowed, the date on which the appeal is allowed.
6
Paragraphs (1) and (2) shall not apply to any treatment for which a dentist is remunerated in accordance with Section X (treatment under capitation) of Determination I of the Statement of Dental Remuneration dated 1st June 1991 and amended on 9th January 1992 and for which he receives no remuneration other than a capitation payment.
7
Where, on the date on which the Board gives a direction under paragraph (2), the name of the dentist in respect of whom the direction is given is not included in any dental list the period specified in the direction shall not begin until the next day on which his name is again included in a dental list.
8
For the purpose of computing the date on which the period specified in any direction given under paragraph (2) comes to an end, no account shall be taken of any day on which the dentist’s name is not included in any dental list.
9
In this regulation —
a
“pattern of treatment” means —
i
the number of instances in which an item or items of treatment are provided by or on behalf of a dentist, or
ii
the ratio which the number of instances relating to one such item bears to the number of instances relating to another such item;
b
“local”, in relation to pattern of treatment, means throughout the locality of an FHSA; and
c
“national”, in relation to a pattern of treatment, means throughout England and Wales.
Surveys
30
The Board may conduct or commission surveys or other research relating to the provision of general dental services.
PART VII
MISCELLANEOUS
Publication of documents
31
1
An FHSA shall make available for inspection at its offices copies of: —
a
the dental list;
b
the local directory of dentists;
c
these Regulations including the terms of service;
d
the Statement of Dental Remuneration; and
e
the list of listed drugs,
and keep them up-to-date.
2
An FHSA shall make the documents referred to in paragraph (1) available for inspection at such other places in its locality as appear to the FHSA to be convenient for informing all persons interested.
Service of documents
32
Any notice or other document which an FHSA is required or authorised by these Regulations (including the terms of service) to give or send to a dentist may be given or sent by delivering it to the dentist or by sending it by post to the dentist at his usual or last-known address.
Signatures
33
Any signature by a dentist required by these Regulations (including the terms of service) shall be handwritten in ink with his initials, or forenames, and surname in his own handwriting, and not by means of a stamp.
Revocations
34
The Regulations specified in column (1) of Schedule 7 are hereby revoked to the extent specified in column (3) of that Schedule.
Transitional provisions
35
Until 1st July 1992 paragraph 17 of Schedule 1 shall have effect as if in sub- paragraph (2) of that paragraph —
a
head (a) were omitted;
b
in head (k) the words “or the removal of the fractured portion of a natural crown, where its dissection from supporting soft tissues is necessary prior to the provision of a permanent restoration” were omitted; and
c
in head (s) for “(a)” there were substituted “(b)”.
William Waldegrave
Secretary of State for Health
10th March 1992


text:
Title, extent, commencement and interpretation
1
1
These Regulations may be cited as the Suckler Cow Premium (AmendmentNo. 3) Regulations 1992, shall apply in Great Britain and shall come into force on27th November 1992.
2
In these Regulations “the principal Regulations ” means the Suckler Cow Premium Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations shall be further amended in accordance with the following provisions of these Regulations.
3
After regulation 3 of the principal Regulations there shall be inserted the following regulation —
Application period
3A
In respect of that period for lodging applications for Community premium which commenced on 15th June 1992, an application for such premium shall, subject to Article 1a of the Commission Regulation (which deals with applications for premium lodged after the closing date specified in accordance with Article 1(1) of that Regulation), be lodged with the appropriate Minister on or before 15th December 1992.
.
4
For regulation 4 of the principal Regulations there shall be substituted the following regulation —
4
1
The appropriate Minister may make a grant by way of additional premium to an applicant —
a
who has applied for and is entitled to receive a Community premium;
b
who makes an application for such additional premium in such form as the Minister may require; and
c
subject to Article 1a of the Commission Regulation, lodges his application for such premium on or before 15th December 1992.
2
The amount of such additional premium shall be determined in accordance with the Schedule to these Regulations.
3
An application for a Community premium may be treated as if it were also an application for an additional premium.
4
The additional premium shall be payable subject to, and be reducible or recoverable under, the same conditions as are specified, in relation to the Community premium, in the Council Regulation and the Commission Regulation.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
19th November 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th November 1992


text:
Citation and commencement
1
This Order may be cited as the Brechin and Bridge of Dun Light Railway Order 1992 and shall come into force on 21st May 1992.
Interpretation
2
In this Order unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“the Board” means the British Railways Board;
“the Boards former railway” means that part of the former Caledonian Railway authorised by the Aberdeen Railway Act 1845 as is described as “the new railway”;
“the Company” means Caledonian Railway (Brechin) Limited, incorporated under the Companies Act 1985 and having its registered office at 2 Park Road, Brechin, Angus;
“the Council” means the Angus District Council constituted by the Local Government (Scotland) Act 1973
“the existing railway” means the railway described as such in the Schedule to this Order including all lands and works relating thereto;
“the lease” means any lease granted in pursuance of the powers of paragraph (1) of article 5 (Leasing of the railways to the Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the new railway” means the railway described as such in the Schedule to this Order including all lands and works relating thereto;
“the principal Act ” means the Light Railways Act 1896;
“the railways” means the existing railway and the new railway;
“the transfer date” means the day on which the railways or any part thereof are vested in the Council by virtue of an Agreement made under article 3 (Transfer of the railways to the Council) of this Order.
Transfer of the railways to the Council
3
1
The Board and the Council may enter into and carry into effect agreements providing for the transfer to and the vesting in the Council of the railways or any part thereof on such terms and conditions as may be agreed between the Board and the Council.
2
Except as may be otherwise provided in this Order, as from the transfer date the railways or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railways (insofar as the same are still subsisting and capable of taking effect) and the Council shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railways (insofar as the same are subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
3
As from the transfer date the Council may work the railways or any part thereof as a light railway under the principal Act.
Applications of enactments
4
1
The following provisions of the Railway Clauses Consolidation (Scotland) Act 1845 so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with and form part of this Order: —
Section 16 (Works to be executed);
Section 18 (Alteration of water and gas pipes, &c.);
Section 19 (Company not to disturb pipes until they have laid down others);
Section 20 (Pipes not to be laid contrary to Act of Parliament, and 18 inches surface road to be retained);
Section 21 (Company to make good all damage);
Section 23 (Penalty for obstructing supply of gas or water);
Section 60 (Maintenance of gates, bridges, fences, drains and watering places);
Section 68 (Penalty on persons omitting to fasten gates);
Section 79 (Company to employ locomotive power, carriages, &c.).
2
Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the principal Act as are still in force except section 22 (Communication between passengers and the company’s servants to be provided) of the Regulation of Railways Act 1868 and section 1 (Power to order certain provisions to be made for public safety) and section 5 (Penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 shall cease to apply to the railways.
3
In its application to the railways the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Leasing of the railways to the Company
5
1
As from the transfer date the Council may lease to the Company the railways or any part thereof together with the rights, interests, powers, privileges and obligations vested in the Council in accordance with article 3 (Transfer of the railways to the Council) of this Order on such terms and conditions as may be agreed between the Council and the Company.
2
During the continuance of the lease the Company shall, as well as the Council, be entitled to the benefit of, and to exercise, all such rights, interests, powers and privileges and be subject to all such obligations of the Council whether statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railways or such a part thereof as are comprised in the lease.
Powers to make the new railways
6
Subject to the provisions of this Order the Council may construct make and maintain the new railway on the same lines and levels as the Board’s former railway.
Provisions as to bridges
7
Without prejudice to the generality of the foregoing, during the continuance of the lease sections 116, 117 and 118 of the Transport Act 1968 shall apply to the railways or any part thereof as if reference therein to the Board were references to the Company or the Council and during such time as there is no lease continuing the said sections shall apply as if references therein to the Board were references to the Council.
Gauge of the railways and motive power
8
The railways shall be operated on a gauge of 1.435 metres (4 feet 8 ½ inches) and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Council to use electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of any such apparatus.
Restrictions and conditions as to working of the railways
9
1
The Council shall not use upon the railways or any part thereof any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Council shall not run any trains or engine upon any part of the railways at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railways shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the Council shall comply with any conditions which the Secretary of State may from time to time prescribe for the safety of persons using the railways.
4
If the Council contravene any of the provisions of this article they shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Public liability insurance
10
1
In this article —
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railways or any part thereof of not less than £2m.
2
i
The Council shall not work the railways or any part thereof unless there is in force a policy.
ii
In default of compliance with the provisions of this paragraph the Council shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
3
The Company shall, while the railways or any part thereof are leased to the Company —
a
at all times maintain a policy approved by the Council in the joint names of the Company and the Council and in default thereof the Council may (without prejudice to any other powers granted under this Order) effect and maintain such policy and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Company to the Council on demand;
b
at the request of the Council produce to the Council such evidence as may be requisite for the purpose of proving compliance with the provisions of this paragraph.
4
Notwithstanding and without prejudice to the provisions of this article, the Council may while the railways or any part thereof are leased to the Company effect and maintain a policy in their own name with an insurer providing such cover for such period or periods and generally in such manner as the Council may from time to time determine:
Provided that, during such times as the Company are not operating the railways or any part thereof under the lease granted under article 5(1) of this Order, the Council shall not work the railways or any part thereof unless there is in force a policy and the Council shall on those occasions be liable for failure to comply with this provision on the terms referred to in paragraph (2) of this article.
5
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the body which is for the time being required to effect and maintain the policy.
For protection of public gas suppliers
11
Nothing in this Order shall prejudice or affect the rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the railways or any part thereof are constructed.
Costs of Order
12
All costs, charges and expenses incurred by the Council and the Company in or incidental to, the preparing for, obtaining and making of this Order or otherwise in relation thereto shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under-Secretary in the
Department of Transport
20th May 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) Regulations 1992 and shall come into force on 31st December 1992.
2
1
In section 145 of the Road Traffic Act 1988 (requirements in respect of policies of insurance) in subsection (3) after paragraph (a) there shall be inserted the following paragraph —
aa
must, in the case of a vehicle normally based in the territory of another member State, insure him or them in respect of any civil liability which may be incurred by him or them as a result of an event related to the use of the vehicle in Great Britain if, —
i
according to the law of that territory, he or they would be required to be insured in respect of a civil liability which would arise under that law as a result of that event if the place where the vehicle was used when the event occurred were in that territory, and
ii
the cover required by that law would be higher than that required by paragraph (a) above, and
.
2
In paragraph (b) of subsection (3) of that section (which requires a policy to provide insurance in respect of certain liabilities in accordance with the law on compulsory motor insurance of the State where the liability may be incurred) after the word “must” there shall be inserted “, in the case of a vehicle normally based in Great Britain,” and for the words from “the law” to the end of the paragraph there shall be substituted —
i
the law on compulsory insurance against civil liability in respect of the use of vehicles of the State in whose territory the event giving rise to the liability occurred; or
ii
if it would give higher cover, the law which would be applicable under this Part of this Act if the place where the vehicle was used when that event occurred were in Great Britain; and
.
3
After subsection (4) of that section there shall be inserted the following subsection —
4A
In the case of a person —
a
carried in or upon a vehicle, or
b
entering or getting on to, or alighting from, a vehicle,
the provisions of paragraph (a) of subsection (4) above do not apply unless cover in respect of the liability referred to in that paragraph is in fact provided pursuant to a requirement of the Employers' Liability (Compulsory Insurance) Act 1969 .
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1992


text:
Citation and interpretation
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 3) Order 1992.
Commencement provisions
2
The provisions of the Road Traffic Act 1991 specified in the first column of the Schedule to this Order which relate to the matters specified in the second column of that Schedule shall come into force on 1st April 1992 subject to the limitations (if any) specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Staffordshire Hospital Centre National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Staffordshire Hospital Centre 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 North Staffordshire Hospital Centre National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at North Staffordshire Hospital Centre, Newcastle Road, Stoke-on-Trent ST4 6QG and associated hospitals (including the management of its teaching and research facilities).
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 committment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from Keele University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
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 North Staffordshire 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 North Staffordshire 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 North Staffordshire 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
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1992 and shall come into force on 30th March 1992.
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the provisions of these Regulations.
3
In the Regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
12(3) £30.80 £32.40 £16.70 £17.60 12(4) £18.60 £19.50 £11.70 £12.30 16(1) £15.60 £16.40 £9.00 £9.50 16(2) £30.80 £32.40 £16.70 £17.60 16(2A) £9.30 £9.80 £5.80 £6.10 16(2B) £18.60 £19.50 £11.70 £12.30 34(1) £12.90 £13.60 34(2) £8.00 £8.40 41(1) £8.80 £9.30
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal London Hospital and Associated Community Services National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 24th February 1992.
2
In this Order:
“the Authority” means Tower Hamlets Health Authority;
“the Trust” means the Royal London Hospital and Associated Community Services National Health Service Trust;
“the trust property” means the items specified in schedules of trust property prepared by and agreed upon by the Authority and the Trust before the date on which this Order is made, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 24th February 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
28th January 1992


text:
1
This Order may be cited as the Criminal Justice Act 1982 (Isle of Man) Order 1992 and shall come into force on 1st December 1992.
2
It is hereby directed that–
a
section 37 of the Criminal Justice Act 1982 as amended by section 17(1) of the Criminal Justice Act 1991; and
b
section 32 of the Magistrates' Courts Act 1980 as amended by section 17(2) of the Criminal Justice Act 1991,
shall extend to the Isle of Man subject to the modifications specified in the Schedule to this Order.
3
Article 2 of and paragraphs 2 and 4 of Schedule 1 to the Criminal Justice Act 1982 (Isle of Man) Order 1983 are hereby revoked to the extent that they relate to section 37 of the Criminal Justice Act 1982 and section 32 of the Magistrates' Courts Act 1980.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Imported Gold) Relief Order 1992 and shall come into force on 1st January 1993.
2
The tax chargeable upon the importation of gold (including gold coins) from a place outside the Member States shall not be payable where the importation is by a Central Bank.
3
The Value Added Tax (Imported Goods) Relief Order 1977 is hereby revoked.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st January 1993.
2
Regulation 6 of the Fire Services (Appointments and Promotion) Regulations 1978 shall be amended as follows:
a
for paragraph (6) there shall be substituted —
6
A member of a brigade shall not be eligible to enter for an examination specified in Schedule 1, 2 or 3, as the case may be, if —
a
i
in the immediately preceding year, he entered for the examina-tion in question but attended no part of that examination, and
ii
he has not satisfied the Fire Services Examinations Board that he had a reasonable excuse for such non-attendance, or
b
where the examination in question is a written examination specified in Part I of Schedule 1 or 2, or in Schedule 3, he has, in the two successive immediately preceding years, failed that examination and has, on each occasion, obtained less that 25% of the marks available in that examination.
;
b
in paragraph (6A) for the words “date of the sitting of the final paper in” there shall be substituted the words “end of”;
c
for paragraph (6B) there shall be substituted —
6B
Paragraph (6) above shall not apply in respect of —
a
non-attendance at a practical examination, as specified in Part II of Schedule 1 or 2, before 1st January 1993, or
b
failure to achieve 25% or more of the total marks available in an examination before 1st April 1991.
, and
d
in Schedules 1 and 2, in the heading to Part II, for the word “Test” there shall be substituted the word “Examination”.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ceredigion and Mid Wales National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th November 1992.
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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Ceredigion and Mid Wales 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 Ceredigion and Mid Wales 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 Bronglais General Hospital, Caradog Road, Aberystwyth, Dyfed SY23 1ER and associated hospitals;
b
to manage community health services provided from Bronglais General Hospital, Caradog Road, Aberystwyth, Dyfed SY23 1ER and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
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
East Dyfed 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 premises to the trust.
2
East Dyfed 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 the 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 East Dyfed 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.
David Hunt
Secretary of State for Wales
29th October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Transfer of Functions and Property) Order 1992 and shall come into force on 1st April 1992.
2
In this Order–
“the Horniman Conveyance” means an indenture dated 26th March 1901 and made between Frederick John Horniman and the County Council of the Administrative County of London;
“the Horniman Public Museum and Public Park Trust” means the charitable company limited by guarantee of that name whose registered office is at 100 London Road, Forest Hill, London SE23 3PQ;
“the LRB ” means the London Residuary Body; and
“the transfer date” means 1st April 1992.
3
Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article of this Order so numbered.
Transfer of functions
2
The functions of the LRB–
a
as trustee of the trust created by the Horniman Conveyance as read with section 46 of the London County Council (General Powers) Act 1901 ;
b
under the said section 46 transferred to it by the Education (Inner London Education Authority) (Horniman and Geffrye Museums) (Transfer of Functions) Order 1990 ; and
c
under articles 7 to 11 and 13 of the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 , transferred to it by the Order referred to in paragraph (b) above, in so far as they relate to the land transferred pursuant to article 4(1) of this Order,
shall on the transfer date transfer to the Horniman Public Museum and Public Park Trust.
3
1
The Horniman Public Museum and Public Park Trust may, in respect of any open space transferred to it by this Order, make or amend byelaws in respect of it under subsection (1) of section 15 of the Open Spaces Act 1906 and the reference in that subsection to “any officer of the local authority” shall be taken as a reference to any employee of the Horniman Public Museum and Public Park Trust.
2
Such byelaws shall be made under the seal of the Horniman Public Museum and Public Park Trust.
3
Sections 236(4) to (8) and (11), 237 and 238 of the Local Government Act 1972 shall apply to byelaws which are to be made or which have been made by the Horniman Public Museum and Public Park Trust as they apply to byelaws made by a local authority and references in those sections to “the authority” shall be taken as references to the Horniman Public Museum and Public Park Trust.
4
In this article “open space” has the same meaning as in the Open Spaces Act 1906.
Transfer of land etc.
4
1
On the transfer date all interests, rights and liabilities of the LRB in the land specified in Part I of the Schedule to this Order shall vest in the Horniman Public Museum and Public Park Trust.
2
On the transfer date all interests, rights and liabilities of the LRB in the land specified in Part II of the Schedule to this Order shall vest in the London borough council in whose area such land is situated.
Records relating to land transferred
5
On the transfer date all records held by the LRB relating exclusively to interests, rights and liabilities in land transferred by article 4 shall vest in the council or person to which such interests are so transferred.
Condition imposed on transfer
6
1
Land transferred pursuant to article 4(1), other than that which was the subject of the Horniman Conveyance, is subject to the condition that it or any interest in it shall not be disposed of within 20 years of the transfer date without the consent in writing of the Secretary of State.
2
In giving his consent the Secretary of State may impose conditions regarding the payment of all or part of the consideration for any such disposal, in such proportions as he may direct, to any or all of the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London.
General transfer of property other than land
7
1
Where an interest in land vests by virtue of article 4 in any council or person, any property in or on the land, being property held by the LRB for the purposes of any of its functions, shall vest in that council or person.
2
Paragraph (1) above applies–
a
to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use;
b
to vehicles and other mobile equipment which are normally kept on any land; and
c
to property which is normally kept in or on land and which is immediately before the transfer date on loan from the LRB to another person or body,
as it applies to property in or on that land.
3
The reference in paragraph (1) above to the vesting of any property shall be construed as including a reference to the vesting of rights and liabilities of the LRB in respect of any agreement for the hire or use by, or deposit with, the LRB of any such property.
4
On the transfer date all records held by the LRB relating exclusively to property transferred by this article shall vest in the council or person to which such property is so transferred.
5
Any vehicle licence, operator’s licence, road service licence, plating certificate or other document issued in respect of any vehicle the property in which is transferred by this article shall have effect as if it had been issued to the council or person to whom property in such vehicle is transferred (“the transferee”) and any reference to the LRB or ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.
The Dolmetsch Collection
8
On the transfer date the interests of the LRB in the items which form the collection known as the Dolmetsch Collection as identified in a list dated 5th August 1991 signed on behalf of the LRB and by the Director of the Horniman Museum shall vest in the Horniman Public Museum and Public Park Trust.
Continuity etc.
9
1
All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, the LRB in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the council or person (“the transferee”) to which such matters are transferred.
2
Any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the LRB and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.
3
This Order shall not affect any accrued rights and liabilities of the parties arising under an agreement made on 28th March 1991 between the LRB and the Horniman Public Museum and Public Park Trust nor the continuance in force of any provision of that agreement which is intended expressly or impliedly to continue in force after the expiry or termination of that agreement.
Enforcement
10
The LRB shall enforce, subject to any directions given by the Secretary of State, compliance with the conditions imposed by article 6 in relation to property transferred pursuant to article 4(1).
Revocation
11
The Education (Inner London Education Authority) (Horniman and Geffrye Museums) (Transfer of Functions) Order 1990 is hereby revoked in so far as it applies to land transferred by article 4(1) of this Order.
Kenneth Clarke
Secretary of State for Education and Science
28th February 1992


text:
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1992 and shall come into force on 7th July 1992.
2
The Non-Domestic Rating Contributions (England) Regulations 1989 shall be amended by the insertion after regulation 4 of the following regulation —
4A
A calculation under paragraph 5(6) of Schedule 8 to the Act in respect of a financial year, may be made without taking into account any information as regards which the following conditions are satisfied —
a
it is not reasonably practicable for the person making the calculation to take it into account; and
b
it was received by the authority after 31st March in the year in question.
.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
9th June 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment) (Optional Procedure and Miscellaneous) 1992 and shall come into force on 10th February 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
2
In rule 74(g) (application for recall of diligence before calling) , for the words from “The solicitors for the parties” to the word “signet”, substitute the following words: —
The clerk shall be accompanied by counsel, solicitor or both counsel and solicitor for each party. The solicitor or counsel for the pursuer shall produce to the Lord Ordinary the principal summons bearing the signet.
.
3
In rule 95(a) (application for commission and diligence for recovery of documents), for the words from “The applicant’s solicitor” to the words “shall also appear”, substitute the following words: —
The clerk shall be accompanied by counsel or solicitor or both counsel and solicitor for the applicant and for any party who wishes to oppose the application and for the Lord Advocate if he wishes to oppose the application. The solicitor or counsel for the applicant shall produce to the Lord Ordinary the principal summons bearing the signet.
.
4
In rule 95A(a) (application for order under section 1 of the Administration of Justice (Scotland) Act 1972) , for the words from “The applicant’s solicitor” to the words “shall also appear”, substitute the following words: —
The clerk shall be accompanied by counsel or solicitor or both counsel and solicitor for the applicant and for any party who wishes to oppose the application and for the Lord Advocate if he wishes to oppose the application. The solicitor or counsel for the applicant shall produce to the Lord Ordinary the principal summons bearing the signet.
.
5
In rule 188J (diet roll) —
a
in paragraph (4) after the word “motions”, insert the words “(other than an applic ation for commission and diligence for the recovery of medical records heard before the first hearing on the Diet Roll)”;
b
in sub-paragraph (6)(a)(ii) after the word “amendment”, insert the words “to the instance or conclusions of the summons”; and
c
after sub-paragraph (6)(c), insert the following sub-paragraph: —
d
where the court appoints the action to a proof or a proof before answer on the question of liability and quantum of damages it may separate the proof on the question of liability from the proof on quantum of damages.
.
6
In rule 188K (inspection and recovery of documents) , for paragraph (1) substitute the following paragraph —
1
Without prejudice to rule 188M, within 14 days of the interlocutor pronouncing an order for a proof or proof before answer, each party to the action shall intimate to every other party and lodge in process —
a
a list of the documents which are, or to the best of his knowledge have been, in his possession or control relating to the matters in issue between them;
b
a note stating the whereabouts so far as known to him of any such documents which have been but are no longer in his possession.
7
In rule 188L (exhange of list of witnesses) , in paragraph (1) after the word “party” where it second occurs, insert the words “and lodge in process”.
8
In the Appendix, in Form 27A in the second article of Condescendence marked “[ IV ]” after the word “ sustained ”, insert the words “ ; and specify every medical practitioner from whom, and hospital or other institution in which, the pursuer or the deceased received treatment in respect of the injuries or disease to which the action relates ”.
Revocation
3
In the Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Miscellaneous) 1991 , in paragraph 2 —
a
sub-paragraph (6),
b
sub-paragraph (14),
c
sub-paragraph (30)(c) and (e),
are revoked.
J.A.D. Hope
Lord President, IPD
Edinburgh,
16th January 1992