text:
Citation and commencement
1
These Rules may be cited as the Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992 and shall come into force on 1st September 1992.
Interpretation
2
In these Rules, unless the context otherwise requires —
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act ;
“development order” has the meaning given in section 59 of the Planning Act;
“document” includes a photograph, map or plan;
“enforcement appeal” means an appeal against an enforcement notice;
“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act ;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means —
in relation to a transferred appeal, the person appointed by the Secretary of State to determine the appeal;
in relation to a non-transferred appeal, the person appointed by the Secretary of State to hold the relevant inquiry or re-opened inquiry;
“land” means the land or building to which an inquiry relates;
“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“local planning authority” means —
in relation to an enforcement appeal, the authority who issued the relevant enforcement notice;
in relation to an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the authority to whom the application was made;
“non-transferred appeal” means an appeal which falls to be determined by the Secretary of State, including an appeal which falls to be so determined by virtue of a direction under paragraph 3(1) of Schedule 6 to the Planning Act or paragraph 3(1) of Schedule 3 to the Listed Buildings Act;
“Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“relevant date” means the date of the Secretary of State’s written notice to the appellant and the local planning authority of his intention to cause an inquiry to be held, and “relevant notice” means that notice;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence;
“transferred appeal” means an appeal which falls to be determined by a person appointed by the Secretary of State under Schedule 6 to the Planning Act or Schedule 3 to the Listed Buildings Act.
Application of Rules
3
These Rules apply in relation to any local inquiry held in England or Wales for the purposes of an appeal made on or after 1st September 1992 under —
a
section 174 of the Planning Act (appeal against enforcement notice);
b
section 195 of the Planning Act (appeal against refusal or non-determination of an application for a certificate of lawful use or development);
c
section 39 of the Listed Buildings Act (appeal against listed building enforcement notice) or under that section as applied by virtue of section 74(3) of that Act (appeal against conservation area enforcement notice),
but do not apply to any local inquiry by reason of the application of any provision mentioned in this rule by or under any other enactment.
Preliminary information to be supplied by local planning authority — enforcement appeal
4
In the case of an enforcement appeal, the local planning authority shall, on receipt of a relevant notice, forthwith inform the appellant in writing of the name and address of any person on whom a copy of the enforcement notice has been served.
Notification of identity of inspector
5
1
The Secretary of State shall, subject to paragraph (2), notify the name of the inspector to every person entitled to appear at the inquiry.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
Pre-inquiry meeting
6
1
An inspector may hold a pre-inquiry meeting if he thinks it desirable.
2
The inspector shall arrange for not less than 2 weeks written notice of a meeting he proposes to hold under paragraph (1) to be given to the local planning authority, the appellant, any person known at the date of the notice to be entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable.
3
The inspector shall preside at the meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner, to leave and may refuse to permit that person to return to or attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
Statement of relevant matters
7
In the case of a non-transferred appeal, the Secretary of State may, and in the case of a transferred appeal, the inspector may, before an inquiry is held for the purpose of the appeal, serve on the local planning authority, the appellant, any person required t o serve a statement of case pursuant to rule 8(4) and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served, a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal.
Service of statements of case etc
8
1
The local planning authority shall —
a
where the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 6 weeks before the date fixed for the holding of the inquiry; or
b
in any other case, not later than 12 weeks after the relevant date,
serve a statement of case on the Secretary of State, the appellant and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served.
2
The appellant shall —
a
where the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 3 weeks before the date fixed for the holding of the inquiry; or
b
in any other case, not later than 15 weeks after the relevant date,
serve a statement of case on the Secretary of State, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served.
3
The local planning authority and the appellant may each require the other to send to them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in that party’s statement of case; and any such document, or relevant part, shall be sent as soon as practicable to the party who required it.
4
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within such period as he may specify, on him, the local planning authority, the appellant and, in the case of an enforcement appeal, on any person on whom a copy of the enforcement notice has been served.
5
The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (4) with a copy of the local planning authority’s and the appellant’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.
6
The Secretary of State or an inspector may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify; and a person so required shall provide the Secretary of State or, as the case may be, the inspector, with that information in writing and shall, at the same time, send a copy of that information to any other person on whom the statement of case has been served.
7
Any person other than the appellant who serves a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement unless a copy of the document or part of the document in question, is already available for inspection pursuant to paragraph (8).
8
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case or other document which, or a copy of which, has been served on them in accordance with this rule; and
b
the authority’s statement of case, together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement or otherwise served by them pursuant to this rule,
and the authority shall specify in the statement served in accordance with paragraph (1) the time and place at which the opportunity will be afforded.
Inquiry time-table
9
1
An inspector may arrange a time-table for the proceedings at, or at part of, an inquiry and may at any time vary the time-table.
2
An inspector may specify in a time-table arranged pursuant to this rule a date by which any proof of evidence and summary required by rule 14(1) to be sent to him shall be so sent.
Notification of appointment of assessor
10
Where the Secretary of State appoints an assessor he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
11
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than 24 weeks after the relevant date.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the relevant period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
6
The Secretary of State may require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to serve a notice of the inquiry on such persons or classes of persons as he may specify, within such period as he may specify;
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
7
Where the land is under the control of the appellant he shall, if so required by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Every notice published, served or posted pursuant to paragraph (6), or affixed pursuant to paragraph (7), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State or inspector to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location; and
c
a brief description of the subject matter of the appeal.
Appearances at inquiry
12
1
The persons entitled to appear at an inquiry are —
a
the appellant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 2(1) of the Planning Act or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980 ;
v
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980;
vi
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
vii
a housing action trust specified in an order made under section 67(1)
d
where the land is in an area designated as a new town, the development corporation for the new town or the Commision for the New Towns as its succesor;
e
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served;
f
in the case of an appeal under section 195 of the Planning Act, any person having an interest in the land;
g
where the inquiry relates to an enforcement notice under section 38 of the Listed Buildings Act concerning a building in Greater London and it is not otherwise entitled to appear, the Historic Buildings and Monuments Commission for England;
h
any other person who has served a statement of case in accordance with rule 8(4).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
Representatives of government departments at inquiry
13
1
Where the Secretary of State or any other Minister of the Crown or any government department has expressed in writing to the local planning authority a view on an appeal and the authority refer to that view in a statement prepared pursuant to rule 8(1), the appelant may, not later than 2 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister or department concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, transmit the application to the other Minister or department concerned, who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or government department to answer any question which, in the opinion of the inspector, is directed to the merits of government policy.
Proofs of evidence
14
1
Where a person entitled to appear at an inquiry held for the purpose of an appeal under section 174 of the Planning Act proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence relating, in whole or in part, to the deemed application for planning permission under section 177(5) of that Act, he shall send a copy of the proof to the inspector together with, subject to paragraph (2), a written summary.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1,500 words.
3
The proof and any summary shall be sent to the inspector no later than —
a
3 weeks before the date fixed for the holding of the inquiry; or
b
where a time-table has been arranged pursuant to rule 9 which specifies a date by which the proof and any summary shall be sent to the inspector, that date.
4
Where the appelant or the local planning authority send a copy of a proof to an inspector in accordance with paragraph (1), with or without a summary, they shall at the same time send a copy of that proof and any summary to the other party and to any other person on whom a copy of the enforcement notice has been served; and where any other party so sends a copy of such documents he shall at the same time send a copy to the appellant and the local planning authority and to any other person on whom a copy of the enforcement notice has been served.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person required by this rule to send a copy of a proof to any other person shall send with it a copy of the whole, or the relevant part, of any documents referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 8(8).
7
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Procedure at inquiry
15
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
Unless in any particular case the inspector with the consent of the apellant otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heardin such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the local planning authoroty and the appellant shall be entitled to cross-examine persons giving evidence but, subject to the foregoing and paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion
4
The inspector may refuse to permit —
a
the giving or production of evidence,
b
the cross-examination of persons giving evidence, or
c
the presentation of any other matter,
which he considers to be irrelevant or repititious, but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an enquiry by reading a summary of his evidence in accordance with rule 14(5), the proof of evidence referred to in rule 14(1) shall, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
7
The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
8
The inspector may allow any person to alter or add to a statement of case served under rule 8 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter of document.
9
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
10
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
11
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required..
Site inspections
16
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the land in the company of the local planning authority, the appellant and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice was served; and he shall make such an inspection if so required by the local planning authority or the appellant before or during an inquiry.
3
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2)he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry — non-transferred appeals
17
1
This rule applies where an inquiry has been held for the purposes of non-transferred appeal.
2
After the close of the inquiry, the inspector shall make a report in writing to the Secretary of State, which shall include his findings of facts, his conclusions and his recommendations or his reasons for not making any recommmendations.
3
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
4
Where an assessor makes a report in accordance with paragraph (3), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
5
If, after the close of the inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it, and affording to them an opportunity of making written representations to him within 3 weeks of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking within that period for the re-opening of the inquiry.
6
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the local planning authority or the appellant in the circumstances and within the period mentioned in paragraph (5); and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Procedure after inquiry — transferred appeals
18
1
This rule applies where an inquiry has been held for the purposes of a transferred appeal.
2
Where an assesor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise, and where he does so the inspector shall state in his notification of his decision pursuant to rule 20 that such a report was made.
3
If, after the close of the inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised in the inquiry and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying the persons entitled to appear at the inquiry who appeared at it of the matter in question; and
b
affording to them an opportunity of making written representations to him with respect to it within 3 weeks of the date of the notification or of asking within that period for the re-opening of the inquiry.
4
An inspector may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the local planning authority or the appellant in the circumstances and within the period mentioned in paragraph (3); and where an inquiry is re-opened —
a
the inspector shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision — non-transferred appeals
19
1
This rule applies where an inquiry has been held for the purposes of a non-transferred appeal.
2
The Secretary of State shall notify his decision on the appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
3
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his findings of fact, his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application made to the Secretary of State within 4 weeks of the date of the decision.
4
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
Notification of decision — transferred appeals
20
1
This rule applies where an inquiry has been held for the purposes of a transferred appeal.
2
The inspector shall notify his decision on the appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
3
Any person entitled to be notified of the inspector’s decision under paragraph (2) may apply to the Secretary of State in writing, within 6 weeks of the date of the decision, for an opportunity of inspecting any documents listed in the notification and any report made by an assessor and the Secretary of State shall afford him that opportunity.
Procedure following remitting of appeal
21
Where a decison of the Secretary of State or an inspector on an appeal in respect of which an inquiry has been held is remitted by any court for rehearing and determination, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purpose of the further consideration of the appeal;
b
shall afford to those persons the opportunity of making, within 3 weeks of the date or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened, and if he does so paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
22
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or period within which, any step is required or enabled to be taken shall be construed accordingly.
Inspector acting in place of Secretary of State — transferred appeals
23
In the case of a transferred appeal, an inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rule 8(4) and (5), rule 11, rule 13 and rule 22.
Service of notices by post
24
Notices or documents required or authorised to be served or sent under these Rules may be sent by post.
Revocations and savings
25
1
Subject to paragraph (2), the Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1981 (“the 1981 Rules ”) and rule 2(3) of, and Schedule 3 to, the Town and Country Planning (Various Inquiries) (Procedure) (Amendment) Rules 1986 are hereby revoked.
2
Subject to paragraph (3), the 1981 Rules shall continue to apply to any local inquiry held for the purposes of —
a
an enforcement appeal made before 1st September 1992;
b
an application or appeal to which section 196(1) of the Planning Act, as originally enacted, refers (established use certificates).
3
In the application of the 1981 Rules by virtue of paragraph (2) —
a
the reference to rule 2(1)(d) in rule 3, 6(1)(b) and 6(4) of the 1981 Rules shall be treated as a reference to rule 2(1)(e) of those Rules; and
b
the reference to rule 2(1)(a), (b) or (c) in rule 6(1)(a) of the 1981 Rules shall be treated as including a reference to rule 2(1)(d) of those Rules.
Mackay of Clashfern, C.
29th July 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
Amendment of Regulations
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 are amended in accordance with regulations 3 and 4 below.
Time from which alteration is to have effect: general
3
In regulation 4 —
a
in paragraph (1) for the words “regulations 6 and 42” there are substituted the words “regulations 6A, 6B and 42”; and
b
for sub-paragraph (b) of paragraph (2) there is substituted —
b
has ceased to be, or become, domestic property or exempt from non-domestic rating;
.
Limit to day from which alteration has effect
4
For regulation 6 there is substituted the following —
Alterations on and after 1st April 1992
6A
1
Where, in relation to an alteration which falls to be made on or after 1st April 1992, other than an alteration —
a
made in pursuance of paragraph (3) or (4) (completion notices) of regulation 4,
b
required to be made as mentioned in regulation 6B, or
c
made in pursuance of the order of a tribunal under Part V of these Regulations,
the day determined in accordance with regulation 4 as the day from which it has effect precedes 1st April 1992, the alteration shall have effect, subject to paragraph (2), from 1st April 1992.
2
Where the alteration —
a
is made in consequence of a proposal made before 1st April 1992, or
b
is made, pursuant to regulation 32(2), in relation to an alteration mentioned in regulation 16(3) and made before that day, and
c
would have had effect, had regulation 6 continued in force, from a day earlier than 1st April 1992,
the alteration shall have effect from that earlier day.
3
Where —
a
an alteration is made in accordance with paragraph (1) or (2); and
b
within the period of six weeks beginning with —
i
in the case of an alteration of which notice is given under regulation 8(2), the day of service of the notice,
ii
in any other case, the day on which the list is altered,
the person who at the time of the alteration was the ratepayer in relation to the hereditament to which the alteration relates requires the valuation officer, by notice in writing served on him, to substitute for the day shown in the list the day that would have been determined, as regards that alteration, in accordance with regulation 4 if paragraph (1) or, as the case may be, paragraph (2) had not applied,
the valuation officer shall alter the list accordingly.
4
In this regulation and regulation 6B below, “regulation 6” means the regulation for which this regulation and regulation 6B are substituted.
Alterations: further provisions
6B
Where, in relation to an alteration made before 1st April 1992 —
a
the day from which the alteration has effect was determined in accordance with regulation 6; and
b
that day is not the day which, but for regulation 6, would have been determined in accordance with paragraph (2), (5), (6), (6A) or (6B) of regulation 4, as the case may be,
the person who on 1st April 1992 is the ratepayer as regards the hereditament to which the alteration relates may, by notice in writing given to the valuation officer at any time before a new list is compiled, require him to substitute, for the day shown in the list, the day that would have been determined in accordance with regulation 4 (ignoring for this purpose regulation 6) as regards that alteration; and the valuation officer shall alter the list accordingly.
.
Michael Heseltine
Secretary of State for the Environment
10th March 1992
David Hunt
Secretary of State for Wales
10th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aberdeen Royal Hospitals National Health Service Trust (Appointment of Trustees) Order 1992, and shall come into force on 1st October 1992.
2
In this Order unless the context otherwise requires —
“the Act” means the National Health Service (Scotland) Act 1978;
“the trust” means the Aberdeen Royal Hospitals National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the trust under section 12G of the Act.
Fraser of Carmyllie
Scottish Office
St Andrew’s House,
Edinburgh
27th September 1992


text:
Citation and commencement
1
This Order may be cited as the Clyde Port Authority Scheme 1991 Confirmation Order 1992 and shall come into force on 1st March 1992.
Confirmation of Scheme
2
1
The Clyde Port Authority Scheme 1991 is hereby confirmed with modifications.
2
The text of the said Scheme as so confirmed is set out in the Schedule hereto.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
18th February 1992


text:
1
1
These Rules may be cited as the Poisons (Amendment) Rules 1992 and shall come into force on 1st November 1992.
2
In these Rules “the principal rules” means the Poisons Rules 1982 .
2
Rule 20 of the principal rules (form of containers) is hereby revoked.
3
Schedule 4 to the principal rules (which provides for exemptions from the Poisons Act 1972 and the principal rules) shall be amended in accordance with the Schedule to these Rules.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd September 1992


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Payment of Interest) (Amendment) Regulations 1992 and shall come into force on 16th July 1992.
Amendment of Regulations
2
Regulation 3 (entitlement to interest) of the Non-Domestic Rating (Payment of Interest) Regulations 1990 is amended —
a
in paragraph (1) by the substitution for the words “subject to paragraph (2) ”of the words “subject to paragraphs (2) and (2A)”; and
b
by the insertion, after paragraph (2), of the following paragraph —
2A
Where a repayment falls to be made in accordance with the Central Lists Regulations, paragraph (1) does not apply insofar as the relevant alteration is made in consequence of the Non-Domestic Rating Act 1992.
.
Michael Howard
Secretary of State for the Environment
25th June 1992
David Hunt
Secretary of State for Wales
23rd June 1992


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1992 and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1993.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th July 1992


text:
Citation and commencement
1
This Order may be cited as the Litter (Statutory Undertakers) (Designation and Relevant Land) (Amendment) Order 1992 and shall come into force on 1st April 1992.
Amendment of 1991 Order
2
1
The following paragraph shall be added to article 1 of the Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1991 —
3
For the purposes of article 3 of this Order, land is in an urban area if it is surrounded by, or adjoins for a continuous distance of not less than one kilometre, built-up sites (other than sites used for horticultural or agricultural purposes) on which there are permanent structures, and —
a
for the purpose of determining whether any distance is continuous, any gap between built-up sites of 50 metres or less shall be disregarded,
b
highways, navigable rivers and operational land which is not relevant land —
i
shall not be treated as built-up sites for the purposes of determining whether or not land is in an urban area,
ii
shall be ignored for the purposes of determining whether or not land adjoins built-up sites.
.
2
In article 3(2) of that Order, for the words “and which” there shall be substituted the words “and any other land which is not so situated but is land in an urban area, being in either case land which”.
Michael Heseltine
Secretary of State for the Environment
26th February 1992
David Hunt
Secretary of State for Wales
28th February 1992
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
27th February 1992


text:
PART I
PRELIMINARY
Citation and commencement
1
These regulations may be cited as the Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992 and shall come into force on 1st July 1992.
Interpretation
2
1
In these Regulations —
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the 1988 Act” means the Road Traffic Act 1988;
“duobus” means a trolley vehicle which —
is adapted to operate under power provided from a source on board when it is not operating from power transmitted to it from some external source;
has a maximum speed when it is operating solely under power provided from a source on board which is at least —
75% of its maximum speed when it is operating solely under power transmitted to it from an external source, or
30 miles per hour, whichever is the less; and
is designed to have a range of at least 10 miles when operating solely under power provided from a source on board;
“maximum speed” in relation to a trolley vehicle and a source of power, means the speed which the trolley vehicle is incapable, by reason of its construction, of exceeding on the level under that source of power when unladen.
2
A reference in these Regulations to an order or regulations made under an enactment shall be read as including a reference to an order or regulations having effect as if made under that enactment.
PART II
MODIFICATIONS TO THE 1984 ACT
Modifications relating to tramcars
3
1
Subject to Part IV of these Regulations, the following sections of the 1984 Act —
a
section 1 (traffic regulation orders),
b
section 6 (orders similar to traffic orders in London),
c
section 9 (experimental orders), and
d
section 18 (one-way traffic on trunk roads),
shall have effect in relation to tramcars so that such vehicles are exempt from any order under any of those sections.
4
1
Save as provided below, section 14 (temporary prohibition or restriction of traffic on roads) shall have effect in relation to tramcars so that such vehicles are exempt from any order or notice under that section.
2
Nothing in paragraph (1)
above shall affect the operation of any provision in an order or notice under that section restricting the speed of vehicles.
Modifications relating to trolley vehicles
5
1
Subject to Part IV of these Regulations and save as provided below, the following sections of the 1984 Act —
a
section 1 (traffic regulation orders),
b
section 6 (orders similar to traffic orders in London),
c
section 9 (experimental orders), and
d
section 18 (one-way traffic on trunk roads),
shall have effect in relation to trolley vehicles so that such vehicles are exempt from any order under any of those sections.
2
Nothing in paragraph (1) above shall affect the operation of any provision in an order under section 1 of the 1984 Act prohibiting or restricting the waiting of vehicles or the loading or unloading of vehicles.
3
Nothing in paragraph (1) above shall affect the operation of an order undersection 6 of the 1984 Act in so far as it is made in respect of the matters referred to in paragraph 15 of Schedule 1 to that Act.
4
Nothing in paragraph (1) above shall affect the operation of any provision in an order under section 9 of the 1984 Act prohibiting or restricting the waiting of vehicles or the loading or unloading of vehicles.
5
Nothing in paragraph (1) above shall affect the operation of an order undersection 9 of the 1984 Act as respects traffic on roads in Greater London in so far as it is made in respect of the matters referred to in paragraph 15 of Schedule 1 to that Act or imposes a speed limit.
6
1
Save as provided below, section 14 (temporary prohibition or restriction of traffic on roads) shall have effect in relation to trolley vehicles so that such vehicles are exempt from any order or notice under that section.
2
Nothing in paragraph (1) above shall affect the operation of any provision in an order or notice under that section —
a
prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles;
b
restricting the speed of vehicles;
c
prohibiting or restricting overtaking; or
d
prohibiting or restricting the use of a road or part of the width of a road by vehicular traffic or by any class of vehicular traffic.
PART III
MODIFICATIONS TO THE 1988 ACT
Modifications relating to tramcars
7
The following provisions of the 1988 Act shall not apply to tramcars —
section 40A (using vehicle in dangerous condition etc. );
section 68 (inspection of public passenger vehicles and goods vehicles);
sections 69 to 73 (prohibition of unfit vehicles);
section 75 (vehicles not to be sold in unroadworthy condition or as altered so as to be unroadworthy);
section 76 (fitting and supply of defective or unsuitable vehicle parts);
section 77 (testing condition of used vehicles at sale rooms etc );
section 78 and 79 (weighing of motor vehicles);
section 83 (offences to do with reflectors and tail lamps).
section 190 (method of calculating weight of motor vehicles and trailers); and
section 191 (interpretation of statutory references to carriages).
8
Section 87 of the 1988 Act (drivers of motor vehicles to have driving licences) shall apply to tramcars as if after subsection (2) there were added the following subsections —
3
A licence authorising a person to drive a motor vehicle in category B within the meaning of the Motor Vehicles (Driving Licences) Regulations 1987 , shall be regarded as authorising that person to drive a tramcar.
4
Notwithstanding subsection (1) above, a person may drive or cause or permit another person to drive a tramcar if the driver was employed on duties which required the driving of tramcars on a road at any time during the one year period ending immediately before 1st July 1992.
Modifications relating to trolley vehicles
9
Subject to Part IV of these Regulations, the following provisions of the 1988 Act shall not apply to trolley vehicles —
section 40A (using a vehicle in a dangerous condition);
section 77 (testing condition of used vehicle in sale rooms, etc);
and sections 78 and 79 (weighing of motor vehicles).
10
Subject to Part IV of these Regulations, section 68 of the 1988 Act (inspection of public passenger vehicles and goods vehicles) shall apply to trolley vehicles as if subsection (4) were omitted.
PART IV
DUOBUSES
1
Nothing in Parts II or III of these Regulations affects the operation of the 1984 Act or the 1988 Act in relation to duobuses.
PART V
AMENDMENTS TO SUBORDINATE LEGISLATION
1
In regulation 6 of the Motor Vehicles (Test) Regulations 1981 —
a
in paragraph (1), the word “and” immediately following sub-paragraph (xxii) shall be omitted and after sub-paragraph (xxii) there shall be added the following —
xxiv
a tramcar; and
xxv
a trolley vehicle which is not an auxiliary trolley vehicle.
; and
b
in paragraph (5), before the definition of “private hire car” there shall be inserted the following definition —
“auxiliary trolley vehicle” means a trolley vehicle which is adapted to operate under power provided from a source on board when it is not operating from power transmitted to it from some external source;
.
13
In the Motor Vehicles (Construction and Use) Regulations 1986 , in the Table in the Regulation 4 after item 7 there should be added the following item —
8 Tramcars The regulations in Parts II, III and IV
14
In the Road Vehicles Lighting Regulations 1989 , after regulation 9 there shall be inserted the following —
Exemptions — Tramcars
9A
Parts II to IV of these Regulations do not apply to tramcars.
PART VI
TRANSITIONAL
15
An order made under —
a
section 1, 14, 18 or 84 of the 1984 Act; or
b
as respects any road outside Greater London under section 9 of that Act,
before the coming into force of these Regulations shall not apply to tramcars or trolley vehicles (other than duobuses).
1
An order made under —
a
section 1, 14, 18 or 84 of the 1984 Act; or
b
as respects any road outside Greater London under section 9 of that Act,
before the coming into force of these Regulations shall have effect thereafter, in relation to duobuses, as if the provisions of section 141 of that Act (as originally enacted) and the corresponding provisions of earlier enactments had never been passed.
1
Any regulations made under section 41 of the 1988 Act before the coming into force of these Regulations shall have effect thereafter in relation to trolley vehicles as if section 193 of and Schedule 4 to that Act (as originally enacted) and the corresponding provisions of earlier enactments had never been passed.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
3rd June 1992


text:
Title and Commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains) Designation (Amendment No. 2) Order 1992 and shall come into force on 22nd October 1992.
Amendment of the Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986
2
1
The Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986 shall be amended in accordance with paragraph (2) below.
2
In paragraph 1(5) of Schedule 1 (requirements to be included in agreement) the words “in any year” shall be inserted immediately after the word “silage”.
David Hunt
Secretary of State for Wales
6th September 1992
We consent,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty`s Treasury
23rd September 1992


text:
Citation, commencement and duration
1
1
This Order may be cited as the A1 Trunk Road (Haringey) Red Route Experimental Traffic Order 1992 and shall come into force on 9th March 1992.
2
This Order shall remain in force for 18 months and shall then cease to have effect.
Interpretation
2
1
In this Order —
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” and “London local service licence” have the same meaning as in Part II of the Transport Act 1985 ; and
“trunk road red route” has the meaning given in article 3.
2
References in this Order to a disabled person, to a disabled person’s vehicle and to a vehicle displaying a disabled person’s badge in the relevant position shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 .
3
For the purposes of this Order, a vehicle shall be deemed —
a
to have stopped or to be at rest in a length of road specified in a Schedule if any point in that length of road is below the vehicle or its load (if any) and the vehicle is at rest; or
b
to have waited for more than a period specified in article 4(2) in a length of road specified in a Schedule if any one point in that length of road is below the vehicle or its load (if any) throughout a period exceeding the specified period whether or not the vehicle is moved during that period;
and for the purposes of article 4(2), any time during which a vehicle is at rest in the circumstances set out in articles 6 to 9 shall not be regarded as a previous period when that vehicle was at rest.
4
A reference in this Order to a length of road specified in a Schedule or in Part of a Schedule is —
a
if the Schedule is Schedule 1, a reference to every part of the length of road described in a single paragraph in that Schedule or Part of that Schedule; or
b
if the Schedule is Schedule 2, 3 or 4, a reference to every part of the length of road described in a single paragraph of the Schedule or Part of the Schedule in question which lies between the edge of the carriageway and the centre of the road on the side stated in that paragraph or otherwise indicated in that Schedule;
and a reference to the name of a road is, where applicable, a reference to so much of that road which is in the London Borough of Haringey.
5
Unless the context otherwise requires, a reference in this Order —
a
to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order, and
b
to a numbered paragraph is a reference to the paragraph bearing that number in the article in which the reference occurs.
Application
3
This Order shall apply to the lengths of road in the London Borough of Haringey specified in Schedule 1 (such lengths being referred to in this Order collectively as the “trunk road red route”).
Restrictions on vehicles stopping or remaining at rest
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the restricted hours in the trunk road red route.
2
Paragraph (1) does not apply to any length of road specified in Part I of Schedule 2.
3
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours —
a
in any length of road specified in Part II of Schedule 2 for a period of up to 1 hour not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours;
b
in any length of road specified in Part III of Schedule 2 for a period of up to 20 minutes not being a period separated by an interval of less than 40 minutes from a previous period when that vehicle was at rest in that length of road during the prescribed hours; or
c
in any length of road specified in Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle —
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes,
whichever is the less.
4
Paragraph (1) does not prohibit a person from causing or permitting a vehicle displaying a disabled persons' badge in a relevant position to wait during the prescribed hours —
a
in a length of road specified in Part II or III of Schedule 2, or
b
in any length of road specified in Schedule 3 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours.
5
In this article “restricted hours” means the period from 0800 hours to 1900 hours on Mondays to Fridays inclusive.
6
In this article, “prescribed hours”, in relation to a length of road specified in a Schedule or a Part of a Schedule shown in an item in column (3) of the Table below, means the period shown in that item in column (2) of that Table.
Table
(1) (2) (3) Item Prescribed hours Provision
1 0800 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 2, Part II 2 1000 hours to 1600 hours on Mondays to Fridays inclusive. Schedule 2, Part III Schedule 3
Prohibitions on vehicles stopping or remaining at rest
5
Notwithstanding anything in article 4 no person shall cause or permit a vehicle to stop or remain at rest at any time —
a
in any part of the trunk road red route other than at the edge of the carriageway, or
b
in any length of road specified in Schedule 4 (all such lengths being comprised in the trunk road red route).
Exemptions from prohibitions and restrictions
6
Nothing in this Order applies to a vehicle being used for the provision of a London bus service —
a
under a London local service licence; or
b
for which such a licence is not required by virtue of section 35(2) or 36(1) of the Transport Act 1985,
when in an area bounded by a traffic sign consisting of markings of a type shown in diagram 1025 or 1025.2 in Schedule II to the Traffic Signs Regulations 1981 .
7
Nothing in this Order prohibits a person from causing or permitting —
a
a licensed cab to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a person to board or alight from the vehicle or to load or unload his personal luggage;
b
a vehicle which is displaying a disabled person’s badge in the relevant position to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
c
a disabled person’s vehicle to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
d
a vehicle to wait at any place for so long as may be necessary for the purpose of obtaining or giving help required as a result of an accident or emergency or taking any other action in the interests of public safety; or
e
a vehicle to wait at any place while any gate or other barrier at the entrance to premises to which the vehicle is proceeding, or from which it has emerged, is opened or closed, if it is not reasonbly practicable for the vehicle to wait at a place where it would otherwise be lawful for the vehicle to wait.
8
Nothing in this Order applies to —
a
a vehicle being used —
i
for fire brigade, ambulance or police purposes;
ii
for the removal of any obstruction to traffic; or
iii
in connection with the maintenance, improvement or reconstruction of any road;
b
a vehicle when the person in control is —
i
required by law to stop or not to proceed;
ii
obliged to stop in order to avoid an accident; or
iii
prevented from proceeding by circumstances outside his control; or
c
a licensed cab on a cab rank.
9
Nothing in this Order applies to anything done with the permission or at the direction of a constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interest of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after —
a
consulting with the Commissioner of Police of the Metropolis, and
b
giving such notice as the Secretary of State may direct,
he may make modifications of any description to this Order or suspend this Order or any provision of this Order.
11
The power to make modifications under article 10 does not extend to making additions to this Order.
Suspensions and Revocations
12
1
The following Orders are hereby suspended in so far as they apply to the trunk road red route —
a
the Greater London (Waiting Restriction) (Exemptions for Disabled Persons) Order 1975 ; and
b
the Islington (Waiting and Loading Restriction) Order 1976 .
2
The following orders are hereby revoked: —
a
the A1 Trunk Road (Haringey) Red Route Experimental Traffic Order 1990 ;
b
the A1 Trunk Road (Haringey) Red Route Experimental Traffic (Amendment) Order 1991 .
Signed by authority of the Secretary of State for Transport.
P. E. Butler
Assistant Secretary London Regional Directorate of the
Department of Transport
28th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Value Added Tax (Flat-rate Scheme for Farmers) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations —
“ the Act ” means the Value Added Tax Act 1983;
“certified person” means a person certified as a flat-rate farmer for the purposes of the flat-rate scheme under regulation 2 and “certified” and “certification” shall be construed accordingly.
Flat-rate scheme
2
1
The Commissioners shall, if the conditions mentioned in regulation 3 are satisfied, certify that a person is a flat-rate farmer for the purposes of the flat-rate scheme (hereinafter referred to as “the scheme”).
2
Where a person is for the time being certified in accordance with this regulation, then (whether or not that person is a taxable person) any supply of goods or services made by him in the course or furtherance of the relevant part of his business shall be disregarded for the purpose of determining whether he is, has become or has ceased to be liable or entitled to be registered under Schedule 1 to the Act.
Admission to the scheme
3
The conditions mentioned in regulation 2 are that —
a
the person satisfies the Commissioners that he is carrying on a business involving one or more designated activities;
b
he has not in the three years preceding the date of his application for certification —
i
been convicted of any offence in connection with value added tax, or
ii
made any payment to compound proceedings in respect of value added tax under section 152 of the Customs and Excise Management Act 1979 , or
iii
been assessed to a penalty under section 13 of the Finance Act 1985 ;
c
he makes an application for certification on the form numbered 1 in the Schedule to these Regulations; and
d
he satisfies the Commissioners that he is a person in respect of whom the total of the amounts as are mentioned in regulation 8 relating to supplies made in the year following the date of his certification will not exceed by £3,000 or more the amount of input tax to which he would otherwise be entitled to credit in that year.
Certification
4
Where the Commissioners certify that a person is a flat-rate farmer for the purposes of the scheme, the certificate issued by the Commissioners shall be effective from —
a
the date on which the application for certification is received by the Commissioners; or
b
with the agreement of the Commissioners, an earlier date to that mentioned in sub-paragraph (a) above; or
c
if the person so requests, a later date which is no more than thirty days after the date mentioned in sub-paragraph (a) above;
provided that any certificate shall not be effective from a date before the date when the person’s registration under Schedule 1 or 1B to the Act is cancelled and a certificate shall not be effective from a date earlier than the coming into force of these Regulations.
Cancellation of certificates
5
1
The Commissioners may cancel a person’s certificate in any case where —
a
a statement false in a material particular was made by him or on his behalf in relation to his application for certification;
b
he has been convicted of an offence in connection with value added tax or has made a payment to compound such proceedings under section 152 of the Customs and Excise Management Act 1979;
c
he has been assessed to a penalty under section 13 of the Finance Act 1985;
d
he ceases to be involved in designated activities;
e
he dies, becomes bankrupt or incapacitated;
f
he is liable to be registered under Schedule 1 or 1B to the Act;
g
he makes an application in writing for cancellation;
h
he makes an application in writing for registration under Schedule 1 or 1B to the Act; and such application shall be deemed to be an application for cancellation of his certificate;
i
they consider it is necessary to do so for the protection of the revenue;
j
they are not satisfied that any of the grounds for cancellation of a certificate mentioned in sub-paragraphs (a) to (h) above do not apply.
2
Where the Commissioners cancel a person’s certificate in accordance with paragraph (1) above, the effective date of the cancellation shall be for each of the cases mentioned in that paragraph as follows —
a
the date when the Commissioners discover that such a statement has been made;
b
the date of his conviction or the date on which a sum is paid to compound proceedings;
c
thirty days after the date when the assessment is notified;
d
the date of the cessation of designated activities;
e
the date on which he died, became bankrupt or incapacitated;
f
the effective date of registration;
g
not less than one year after the effective date of his certificate or such earlier date as the Commissioners may agree;
h
not less than one year after the effective date of his certificate or such earlier date as the Commissioners may agree;
i
the date on which the Commissioners consider a risk to the revenue arises;
j
the date mentioned in sub-paragraphs (a) to (h) above as appropriate.
Death, bankruptcy or incapacity of certified person
6
1
If a certified person dies or becomes bankrupt or incapacitated, the Commissioners may, from the date on which he died or became bankrupt or incapacitated until some other person is certified in respect of the designated activities or the incapacity ceases, as the case may be, treat as a certified person any person carrying on those designated activities; and the provisions of the Act and of any regulations made thereunder shall apply to any person so treated as though he were a certified person.
2
Any person carrying on such designated activities as aforesaid shall, within thirty days of commencing to do so, inform the Commissioners in writing of that fact and of the date of the death or of the nature of the incapacity and the date on which it began.
3
In relation to a company which is a certified person, the references in regulation 5(1)(e) and (2)(e) and in paragraph (1) above to the certified person becoming bankrupt or incapacitated shall be construed as references to its going into liquidation or receivership or to an administration order being made in relation to it.
Further certification
7
Where a person, who has been certified and is no longer so certified, makes a further application under regulation 3, that person shall not be certified for a period of three years from the date of the cancellation of his previous certificate except —
a
the Commissioners may certify from the date of his further application a person who has not been registered under Schedule 1 or 1B to the Act at any time since the cancellation of his previous certificate; and
b
where the circumstances as are mentioned in paragraph 7(1)(c) of Schedule 2 to the Act apply, the Commissioners may certify the person mentioned in that paragraph on a date after the expiry of one year from the date of the cancellation of his previous certificate.
Claims by taxable persons for amounts to be treated as credits for input tax
8
1
The amount referred to in section 37B(4) of the Act and included in the consideration for any taxable supply which is made —
a
in the course or furtherance of the relevant part of his business by a person who is for the time being certified under these Regulations;
b
at a time when that person is not a taxable person; and
c
to a taxable person;
shall be treated, for the purpose of determining the entitlement of the person supplied to credit under sections 14 and 15 of the Act, as tax on a supply to that person.
2
Subject to paragraph (3) below and save as the Commissioners may otherwise allow or direct generally or specially, a taxable person claiming entitlement to a credit of an amount as is mentioned in paragraph (1) above shall do so on the return made by him for the prescribed accounting period in which the invoice specified in paragraph (3) below is issued by a certified person.
3
A taxable person shall not be entitled to credit as is mentioned in paragraph (1) above unless there has been issued an invoice containing the following particulars —
a
an identifying number;
b
the name, address and certificate number of the certified person by whom the invoice is issued;
c
the name and address of the person to whom the goods or services are supplied;
d
the time of the supply;
e
a description of the goods or services supplied;
f
the consideration for the supply or, in the case of any increase or decrease in the consideration, the amount of that increase or decrease excluding the amount as is mentioned in paragraph (1) above; and
g
the amount as is mentioned in paragraph (1) above which amount shall be entitled “Flat-rate Addition” or “FRA”.
Duty to keep records
9
1
Every certified person shall, for the purposes of the scheme, keep and preserve the following records —
a
his business and accounting records;
b
copies of all invoices specified in regulation 8(3) issued by him or on his behalf.
2
Every certified person shall comply with such requirements with respect to the keeping, preservation and production of records as the Commissioners may notify to him.
3
Every certified person shall keep and preserve such records as are required by paragraph (1) above or by notification for a period of six years or such lesser period as the Commissioners may allow.
Production of records
10
1
Every certified person shall —
a
upon demand made by an authorised person, produce or cause to be produced for inspection by that person —
i
at the principal place of business of the person upon whom the demand is made or at such other place as the authorised person may reasonably require, and
ii
at such time as the authorised person may reasonably require,
any documents specified in regulation 9(1); and
b
permit an authorised person to take copies of, or make extracts from, or remove at a reasonable time and for a reasonable period, any document produced under paragraph (1)(a) above.
2
Where a document removed by an authorised person under paragraph (1)(b) above is reasonably required for the proper conduct of a business, he shall, as soon as practicable, provide a copy of that document, free of charge, to the person by whom it was produced or caused to be produced.
3
Where any documents removed under paragraph (1)(b) above are lost or damaged, the Commissioners shall be liable to compensate their owner for any expenses reasonably incurred by him in replacing or repairing the document.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
8th December 1992


text:
1
These Regulations may be cited as the Merchant Shipping (Navigational Warnings) (Amendment) Regulations 1992 and shall come into force on 29th July 1992.
2
1
The Schedule to the Merchant Shipping (Navigational Warnings) Regulations 1980 shall be amended as follows.
2
In each of paragraphs A(3), B(1) and D(1) for the words “Greenwich Mean Time ”there shall be substituted the words “Universal Co-ordinated Time”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
30th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Dorset Mental Health National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into operation on 1st April 1992.
2
In this Order:
“the Authority” means West Dorset Health Authority;
“the Trust” means the West Dorset Mental Health 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 21st November 1991, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 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
26th February 1992


text:
Title and commencement
1
These Regulations may be cited as the Food Additives Labelling Regulations 1992 and shall come into force on 14th September 1992.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Act” means the Food Safety Act 1990;
“container”, in relation to food additives, has the same meaning as in the Act, except that it also includes a vehicle in which those food additives, not being in any other container, are placed;
“food” has the same meaning as in the Act, except that it is limited to food intended for sale for human consumption;
“food additive” means such food as comprises material (with or without nutritive value) —
which is within a category (or more than one category) listed in Part I, as supplemented by Part II, of Schedule 1 below,
which is neither normally consumed as a food in itself nor normally used as a characteristic ingredient of food,
which is not within a category (or more than one category) listed in Schedule 2 below, and
the intentional addition of which to other food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of that other food results, or may be reasonably expected to result, in that material or its by-products becoming directly or indirectly a component of that other food;
“sell” includes offer or expose for sale or have in possession for sale, “sale” shall be construed accordingly and, in relation to food additives —
“consumer sale” means a sale of them —
to the ultimate consumer, or
in a container in which they are ready for delivery to the ultimate consumer, and
“business sale” means a sale of them other than a consumer sale;
“supplementary material” means, in relation to a food additive, material (whether or not it comes within a category, or more than one category, listed in Schedule 2 below) the presence of which in or on the food additive may reasonably be expected to facilitate storage, sale, standardisation, dilution or dissolution of the food additive; and
“ultimate consumer” has the meaning which it has in the Food Labelling Regulations 1984 .
Exemption
3
1
The provisions of these Regulations shall not apply to any food additive once it has become part of other food.
2
For the purposes of paragraph (1) above a food additive becomes part of other food when it is added to other food which comprises or contains material other than food additives, but the addition of supplementary material to a food additive shall not of itself cause that food additive to become part of other food for those purposes.
Sale and labelling of food additives
4
1
No person shall make a business sale of any food additives to any person for use as ingredients in the preparation of food unless the food additives are in a container and the requirements for business sales of food additives are observed in relation to that sale.
2
No person shall make a consumer sale of food additives to any person unless the food additives are in a container and the requirements for consumer sales of food additives are observed in relation to that sale.
3
Schedule 3 below shall have effect for the purposes of establishing when the requirements for any sale to which this regulation applies are observed in relation to that sale.
Penalties and enforcement
5
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to paragraph (3) of this regulation, each food authority shall enforce within its area the provisions of these Regulations.
3
In this regulation “food authority” does not include —
a
the council of a district in a non — metropolitan county in England and Wales, or
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act.
Defence in relation to exports
6
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food additive in respect of which the offence is alleged to have been committe d was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence.
Application of various provisions of the Food Safety Act 1990
7
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 36 (offences by bodies corporate).
Revocation and amendment of specified regulations — England and Wales
8
1
Regulation 7(2) of, and Schedule 4 to, the Colouring Matter in Food Regulations 1973 shall be revoked.
2
Each regulation specified in a lettered sub — paragraph of paragraph (3) below shall be amended by —
a
the insertion, in Key paragraph A specified in paragraph (i) of that sub — paragraph, after the word “shall”, of the words “, save in the case of a permitted additive sale”, and
b
the addition, as Key paragraph B specified in paragraph (ii) of that sub — paragraph, of the following passage:
For the purposes of this regulation a permitted additive sale takes place where a sale, to which the Food Additives Labelling Regulations 1992 apply, takes place without contravention of those Regulations.
.
3
The regulations to which paragraph (2) above applies are —
a
regulation 5 of the Antioxidants in Food Regulations 1978 , within which —
i
paragraph (2)
is Key paragraph A, and
ii
paragraph (3) is Key paragraph B,
b
regulation 5 of the Miscellaneous Additives in Food Regulations 1980 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B,
c
regulation 7 of the Sweeteners in Food Regulations 1983 , within which —
i
each of paragraphs (1) and (2) is Key paragraph A, and
ii
paragraph (4) is Key paragraph B,
d
regulation 6 of the Preservatives in Food Regulations 1989 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B, and
e
regulation 5 of the Emulsifiers and Stabilisers in Food Regulations 1989 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B.
4
Regulation 2 of the Food Labelling Regulations 1984 shall be amended by the substitution, in the definition of “the additives regulations” therein, for the words “and the Flavourings in Food Regulations 1992”, of the words “, the Flavourings in Food Regulations 1992 and the Food Additives Labelling Regulations 1992”.
5
Regulation 6 of the Emulsifiers and Stabilisers in Food Regulations 1989 shall be revoked.
Revocation and amendment of specified regulations — Scotland
9
1
Regulation 7(2) of, and Schedule 4 to, the Colouring Matter in Food (Scotland) Regulations 1973 shall be revoked.
2
Each regulation specified in a lettered sub — paragraph of paragraph (3) below shall be amended by —
a
the insertion, in Key paragraph A specified in paragraph (i) of that sub — paragraph, after the word “shall”, of the words “, save in the case of a permitted additive sale”, and
b
the addition, as Key paragraph B specified in paragraph (ii) of that sub — paragraph, of the following passage:
For the purposes of this regulation a permitted additive sale takes place where a sale, to which the Food Additives Labelling Regulations 1992 apply, takes place without contravention of those Regulations.
.
3
The regulations to which paragraph (2) above applies are —
a
regulation 5 of the Antioxidants in Food (Scotland) Regulations 1978 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B,
b
regulation 5 of the Miscellaneous Additives in Food (Scotland) Regulations 1980 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B,
c
regulation 7 of the Sweeteners in Food (Scotland) Regulations 1983 , within which —
i
each of paragraphs (1) and (2) is Key paragraph A, and
ii
paragraph (4) is Key paragraph B,
d
regulation 6 of the Preservatives in Food (Scotland) Regulations 1989 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B, and
e
regulation 5 of the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 , within which —
i
paragraph (2) is Key paragraph A, and
ii
paragraph (3) is Key paragraph B.
4
Regulation 2 of the Food Labelling (Scotland) Regulations 1984 shall be amended by the substitution, in the definition of “the additives regulations” therein, for the words “and the Flavourings in Food Regulations 1992”, of the words “, the Flavourings in Food Regulations 1992 and the Food Additives Labelling Regulations 1992”.
5
Regulation 6 of the Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 shall be revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
4th August 1992.
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
6th August 1992
David Hunt
Secretary of State for Wales
5th August 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicester Royal Infirmary 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;
“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 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 Leicester Royal Infirmary 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 Leicester Royal Infirmary 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 The Leicester Royal Infirmary, Infirmary Square, Leicester LE1 6WW and associ ated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from The Leicester Royal Infirmary, Infirmary Square, Leicester LE1 6WW 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 University of Leicester.
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 Leicestershire 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 Leicestershire 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 Leicestershire 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
23rd October 1992


text:
1
These Rules may be cited as the Prison (Amendment) Rules 1992 and shall come into force on 1st April 1992.
2
1
The Prison Rules 1964 (“the principal Rules”) shall have effect subject to the amendments set out in the Schedule to these Rules.
2
In relation to charges referred to the Board of Visitors by the governor pursuant to rule 51(1) of the principal Rules and applications to remit or mitigate punishments made to them pursuant to rule 56(2) of the principal Rules before the coming into force of these Rules, the Board of Visitors shall continue to exercise their powers under rules 51 and 56(2), as appropriate, as if these Rules had not been made.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
6th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Canterbury and Thanet Community Healthcare 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;
“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 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 Canterbury and Thanet Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Canterbury and Thanet Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of Stateconsiders appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at St. Martin’s Hospital, Littlebourne Road, Canterbury, Kent CT1 1TD and associated hospitals;
b
to manage community health services provided from Community HQ, Littlebourne Road, Canterbury, Kent CT1 1TD 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 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 Canterbury and Thanet 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 Canterbury and Thanet 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 Canterbury and Thanet 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
23rd October 1992


text:
Citation
1
This Order may be cited as the Local Government Finance Act 1992 (Commence ment No. 4) Order 1992.
Provisions coming into force on 1st August 1992
2
1
The following provisions of the Local Government Finance Act 1992 shall come into force on 1st August 1992 —
a
paragraphs 95 to 98 of Schedule 13; and
b
so much of Schedule 14 as relates to —
i
paragraph 30(4)
of Schedule 5 to the Local Government and Housing Act 1989 ; and
ii
sections 11, 135 and 136 of the Water Resources Act 1991 .
2
Nothing in paragraph (1)(a) or (b)(ii) shall affect the operation of —
a
any order made, or having effect as if made, under subsection (5) of section 11 (change of composition of regional flood defence committee) of the Water Resources Act 1991 and in force immediately before 1st August 1992;
b
any order made, or having effect as if made, under section 135 (amount, assessment etc. of general drainage charge) of that Act, and in force immediately before that day; or
c
the determination under section 136 of that Act of a relevant quotient for the purposes of section 135(2) of that Act in relation to the year ending on 31st March 1993 or any earlier year;
or any power to revoke or amend any such order as is mentioned in sub-paragraph (a) and (b).
Michael Howard
Secretary of State for the Environment
10th July 1992
David Hunt
Secretary of State for Wales
10th July 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Garden Squares) (Consequential Amendments) Order 1992 and shall come into force on 1st April 1993.
Amendment of enactments
2
The enactments mentioned in column (1) of the Schedule to this Order shall have effect on and after 1st April 1993 subject to the amendments specified in column (2).
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
23rd December 1992


text:
Citation and commencement
1
This Order may be cited as the Palace of Westminster (Appointed Day) Order 1992.
Appointed Day
2
1st April 1992 is the day appointed for the purposes of section 7(5) of the Parliamentary Corporate Bodies Act 1992.
Signed by authority of the Secretary of State
Blatch
Minister of State,
Department of the Environment
27th March 1992


text:
Citation and commencement
1
This Order may be cited as the North Hull Housing Action Trust (Transfer of Property) Order 1992 and shall come into force on 27th January 1992.
Interpretation
2
In this Order —
“the council” means the council of the City of Kingston upon Hull;
“the transfer date” means 27th January 1992; and
“the trust” means the North Hull Housing Action Trust.
Transfer of land
3
The interest of the council in the housing and other land within the area designated as a housing action trust area by the North Hull Housing Action Trust (Area and Constitution) Order 1991 and specified in the Schedule to this Order shall vest in the trust on the transfer date together with all easements and rights vested in the council which are annexed or appurtenant to the land transferred by this Order (or any part of the land).
Financial terms
4
1
On the transfer date the trust shall pay to the council —
a
£5,755,000 for the housing transferred by this Order;and
b
£150,000 in respect of arrears of rent arising, before the transfer date, under tenancies of any of the housing transferred by this Order.
2
If any part of the sum payable under paragraph (1) of this article is unpaid, the trust shall further pay the council interest at such rate as may be prescribed by regulations under section 32 of the Land Compensation Act 1961 while it remains unpaid.
Signed by authority of the Secretary of State
G. S. K. Young
Minister for Housing and Planning,
Department of the Environment
2nd January 1992


text:
1
This Order may be cited as the Insider Dealing (Recognised Stock Exchange) Order 1992 and shall come into force on 23rd March 1992.
2
The Secretary of State hereby declares the investment exchange known as The London International Financial Futures Exchange (Administration and Management), an unlimited company having a share capital, to be a recognised stock exchange for the purposes of the Company Securities (Insider Dealing) Act 1985.
John Redwood
Minister of State,
Department of Trade and Industry
1st March 1992