text:
Citation and commencement
1
This Order may be cited as the Land Registry Trading Fund Order 1993 and shall come into force on 1st April 1993.
Interpretation
2
In this Order:
“the 1973 Act” means the Government Trading Funds Act 1973 as amended by the Government Trading Act 1990 and the Finance Act 1991;
“the Land Registry ” means that Department of Government known as Her Majesty’s Land Registry;
“the fund” means the fund established by article 3 of this Order;
“the funded operations” means the operations of the Land Registry as described in Schedule 1 to this Order;
“the Chief Land Registrar” has the same meaning as in the Land Registration Act 1925 .
Establishment of the fund
3
1
There shall be established as from 1st April 1993 a fund for the funded operations.
2
The fund shall be under the control and management of the Chief Land Registrar.
3
The 1973 Act shall have effect as if the following references in the Act to the responsible Minister were references to the Chief Land Registrar, namely:
a
the references in subsections (1) and (2)(b) of section 3;
b
the first reference in subsection (1) of section 4; and
c
the references in subsections (2), (3) and (5) of section 4.
Source of loans
4
The National Loans Fund is designated as the source of issues to the fund by way of loan.
Assets, liabilities and public dividend capital
5
1
The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.
2
50% of the amount by which the values of the said assets exceed the values of the said liabilities shall be treated as public dividend capital of the fund.
Limitation of indebtedness
6
The maximum amount that may be issued to the fund by way of loan under section 2B of the 1973 Act shall be £130,000,000.
Mackay of Clashfern, C.
Dated 31st March 1993
We concur
Nicholas Baker
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 31st March 1993


type: legislation

jurisdiction: UK

text:
PART I
INTRODUCTION
Title, commencement, interpretation and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1993 and shall come into force on 1st January 1994.
2
In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/ EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market and Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries , both of which have been amended in accordance with Schedule 1;
“border inspection post” means a place specified in Schedule 2;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated;
“import” means import into Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“local authority” means —
in England and Wales, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, district or county;
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
in Scotland, the regional or islands council;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
3
Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.
4
Any reference in these Regulations to a directive is to that directive as amended.
5
All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
These Regulations do not apply to Northern Ireland.
Exception
2
These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.
2
The Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister and not by the local authority.
PART II
INTRA-COMMUNITY TRADE
Application of Part II
4
This Part of these Regulations shall apply to trade between member States in live animals and all animal products which are the subject of the directives listed in Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the directives in Schedule 3 unless —
a
it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination) and any additional requirements on health conditions of the member State of destination;
b
when required by a directive or the member State of destination, it is accompanied by an export health certificate signed by a veterinary inspector and any other document required by a directive or by the member State of destination;
c
when required by a directive, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the directive; and
d
if it is acquired through a market or consigned through an assembly centre, such market or assembly centre has been approved by the Minister for the purposes of intra-Community trade, and the market or assembly centre complies with the provisions of the directives listed in Schedule 3 relating to markets and assembly centres.
2
If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this Regulation he may by notice served on the consignor, his representative or person in charge of the animals or animal products prohibit that exportation and require the person to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.
Imports
6
No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that directive, any additional requirements specified in Schedule 3 and any additional legislation applicable in Great Britain.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product is accompanied by the documents required by Article 3.1.d of Council Directive 90/425/ EEC.
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the consignment documentation, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the consignment documentation.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.
Registration
8
1
If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such and shall give to the Minister such undertakings as to compliance with these Regulations as shall be specified in the notice.
2
Any person who has received a notice under the preceding paragraph shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.
3
No person shall export to another member State any animal to which the provisions of Articles 7, 9 and 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC ) apply unless the animal originates from a holding which has been registered with the Minister and the owner or person in charge of that holding has given undertakings in accordance with Article 4 of Council Directive 92/65/EEC .
Approval of centres
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Minister shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that directive and which conforms with the requirements of Annex C to that directive.
2
The Minister shall suspend, withdraw or restore the approval in accordance with point 3 of Annex C to that directive.
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3 have been complied with.
2
In addition to the powers in paragraph (1) above, an inspector shall have the power to inspect animals and animal products and accompanying documents anywhere and at any time if he has information leading him to suspect an infringement of the directives listed in Schedule 3.
3
Any powers exercised under Regulation 29 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae ) unless the importer or consignee has notified to the Divisonal Veterinary Officer in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
Duties on consignees relating to animals
12
1
Where animals are consigned to a market or assembly centre approved by the Minister for the purposes of intra-Community trade, the operator of the market or assembly centre shall ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC .
2
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of the Fresh Meat (Hygiene and Inspection) Regulations 1992 or the Poultry Meat Hygiene Regulations 1976 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3.1 of Council Directive 90/425/EEC .
3
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify the Divisional Veterinary Officer, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose, or
b
by notice in writing served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
4
Where paragraphs (1) and (2) above do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before the batch is divided up or marketed, that all the animals comply with the relevant provisions of the directives listed in Schedule 3, with respect to identification marks and accompanying documentation;
b
shall forthwith notify the Divisional Veterinary Officer of any irregularity or anomaly, and
c
if there is a breach of Article 3.1.d of Council Directive 90/425/EEC , shall isolate the animals in question until the Divisional Veterinary Officer has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 4 or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may by notice served on the person appearing to him to have charge of those animals or products, require that person —
a
immediately to detain them (and, in the case of animals, keep them isolated from any other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within Great Britain, or
b
without delay, to slaughter them, or slaughter and destroy them, or cause them to be slaughtered and destroyed, or, in the case of products, destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.
2
Subject to the provisions of paragraph (3) below, if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to have charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of excessive residues, maintenance of the animals under supervision until all relevant legislation on residues is complied with and, in the event of failure to comply with that legislation, application of the measures provided for in that legislation, or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice, or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
3
If the only way the consignment fails to comply with legislation is irregularity in documentation, an inspector shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to him to have charge of those animals or products a notice requiring him to produce the correct documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.
4
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
5
The consignor, his representative and the person reponsible for the animals and products shall be jointly and severally liable for the costs of any action taken under this regulation.
PART III
THIRD COUNTRIES
Application
14
This Part of these Regulations shall apply in respect of animals imported into Great Britain —
a
from anywhere other than a member State, and
b
from another member State if the animals originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Minster of Agriculture, Fisheries and Food shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part of these Regulations and may revoke such designation at any time.
Importation
16
1
No person shall import any animal
a
either for entry into Great Britain or for export to another member State unless the conditions in Article 5 of Council Directive 91/496/EEC and Articles 3, 4 and 5 of Council Directive 91/628/EEC on the protection of animals during transport are complied with as well as any additional legislation applicable in Great Britain, or
b
for immediate re-export, either directly or indirectly, outside the European Economic Community unless such transit has been previously authorised in writing by the Minister and the conditions in Article 9 of Council Directive 91/ 496/EEC have been complied with.
2
No person shall import any animal to which a directive listed in Schedule 5 applies except in conformity with that directive, any decision under that directive and any additional legislation applicable in Great Britain.
3
No person shall import any animal to which a decision listed in Schedule 5 applies from the country referred to in that decision except in accordance with the provisions of those decisions, including any options exercised by the Minister under those decisions.
Places of import
17
1
No person shall import any animal except at a border inspection post and in accordance with any conditions imposed in Schedule 2 relating to that border post, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may, by notice in writing, require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Economic Community.
4
In the event of a notice not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.
5
The consignor, his representative and the person responsible for the animals shall be jointly and severally liable for the costs of any action taken under this regulation.
Import procedure
18
1
No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the decisions listed in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless there has been provided by the official veterinarian a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that directive to his satisfaction.
4
No person shall remove any animal from Customs temporary storage arrangements unless the certificate provided under paragraph (3) above has been provided to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by him, and except to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.
5
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provision of Regulation 21 below shall apply as they apply at a border inspection post.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a, 9.2, the second and third indents of Article 10.1, Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post reveal that a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the consignment, and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to have charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals; or
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Great Britain; or
c
re-dispatch them outside the territory of the European Economic Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) above the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-dispatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.
4
If in the opinion of the veterinary inspector re-dispatch is not possible, in particular for reasons of the welfare of animals, he by notice served on the person appearing to him to have charge of the animals —
a
may, after ante-mortem examination, authorise slaughter of the animals for human consumption if so doing would comply with all relevant legislation;
b
must otherwise order the slaughter of the animals for purposes other than human consumption or order the destruction of the carcases, specifying the conditions regarding control of the use of the products obtained.
5
In the event of a notice not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.
6
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those premises unless authorised in writing by an authorised officer of the Minister.
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal he deems appropriate.
2
If the checks confirm that import conditions were not complied with then the provisions of Regulation 21 above shall apply as they apply at a border inspection post.
PART IV
IMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT IN ANOTHER MEMBER STATE
Application
24
This Part of these Regulations shall apply in respect of animals imported into Great Britain and which orginated outside the European Economic Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Economic Community under Article 7.1 of Council Directive 91/496/EEC .
Import procedure
26
The provisions of Regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply to animals to which this Part applies as they apply to animals originating within the European Economic Community.
PART V
GENERAL
Outbreaks of disease in other states
27
1
This regulation shall apply where the Minister learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1) above, the Minister may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.
3
Upon such declaration being made, the entry into Great Britain of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.
4
A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to Regulation 10 above, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/ EEC, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the directives listed in Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports;
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations;
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Obstruction
30
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations,
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
31
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnerhsip shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
32
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under Regulation 30(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
33
The provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which a directive listed in Schedule 3 applies, or to imports of an animal to which a decision listed in Schedule 5 applies from the country subject to that decision, to the extent specified in column 3 of Schedule 6.
Revocations
34
The Animals and Animal Products (Import and Export) Regulations 1992 and the Animals and Animal Products (Import and Export) (Amendment) Regulations 1993 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Richard Packer
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
22nd December 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th December 1993


text:
Citation and commencement
1
This Order which may be cited as the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993, shall come into force on 16th August 1993.
Saving
2
Notwithstanding the repeal of paragraph 7A of Schedule 2 to the Abolition of Domestic Rates (Scotland) Act 1987 and paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 by Schedule 14 to the Local Government Finance Act 1992, those provisions shall continue to have effect for the purpose of enabling the Secretary of State to amend the Community Charge (Deductions from Income Support) (Scotland) Regulations 1989 and the Community Charge (Deductions from Income Support) ( No. 2) Regulations 1990 (the operation of which in relation to any day falling before 1st April 1993 is saved by section 118 of the Act of 1992) in so far as they relate to any community charge which fell due before 1st April 1993.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
20th July 1993


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of West Sussex that the new trunk is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered PSE/0/A27/4E/65/2/4 marked “The A27 Trunk Road (Patching Junction Improvement) (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of “The A27 Trunk Road (Patching Junction Improvement) Order 1993” ; and
iv
“the trunk road”
means the A27 Trunk Road.
3
This Order shall come into force on 25th June 1993 and may be cited as theA27 Trunk Road (Patching Junction Improvement) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
10th May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nevill Hall and District National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 of the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Nevill Hall and District 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 Nevill Hall and District 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 Nevill Hall Hospital, Abergavenny, Gwent NP7 7EG and associated hospitals;
b
to manage community health services provided from Nevill Hall Hospital, Abergavenny, Gwent NP7 7EG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Gwent Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
Gwent Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be Gwent 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.
John Redwood
Secretary of State for Wales
19th November 1993


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order which may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) Order 1993 shall come into force on 31st March 1993.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the Social Security Administration Act 1992;
“period overrun” has the same meaning as in Schedule 4;
“relevant year” means the year ending 31st March 1993;
“the 1991 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ;
“the 1992 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 .
3
In this Order, a reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, a reference in an article or a Schedule to a numbered paragraph or Part is to the paragraph or Part, as the case may be, bearing that number in that article or that Schedule.
PART II
HOUSING BENEFIT SUBSIDY
Interpretation of Part II
2
1
In this Part of this Order, unless the context otherwise requires–
“the 1982 Act ” means the Social Security and Housing Benefits Act 1982 ;
“allowance” means a rent allowance;
“authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;
“board and lodging accommodation” means–
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accomodation or associated premises; or
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations ;
“housing benefit subsidy” means subsidy under section 135(1) of the Act (rate rebate, rent rebate and rent allowance subsidy payable) and under section 30(1A) of the Social Security Act 1986 (community charge rebate subsidy payable);
“rebate” means a rent, rate or community charge rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;
“relevant date” has the same meaning as in Schedule 6;
“scheme” means the housing benefit scheme as defined in section 123 of the Social Security Contributions and Benefits Act 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1990 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990 ;
“the Scottish Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;
“termination date” has the same meaning as in Schedule 6;
and other expressions shall have the same meanings as in the Housing Benefit Regulations or, as the case may be, the Scottish Regulations.
2
In this Part of this Order–
“housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less–
a
the deductions specified in article 13; and
b
where, under subsection (8) of section 134 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of housing benefit subsidy
3
The amount of an authority’s housing benefit subsidy for the relevant year–
a
for the purposes of section 135(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;
b
for the purposes of section135(5) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the costs of administering housing benefit calculated in accordance with Schedule 1.
Rebates and allowances
4
1
Subject to any adjustment in accordance with paragraph (3), for the purposes of section 135(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be–
a
in the case of an authority to which articles 5, 6, 7, 8, 9, 10 and 11 do not apply, 95 per cent. of its housing benefit qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant an amount equal to the aggregate of–
i
95 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the rebates or allowances to which each of those articles which is relevant applies; and
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus, in each case, the additions, where applicable, under article 12 but subject, in each case, to the deduction, where applicable, under article 14.
2
Where the authority is the Scottish Homes or a new town corporation in Scotland, its housing benefit subsidy for the relevant year shall include a further sum being–
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its housing benefit qualifying expenditure, but subject to the relevant maximum specified in column (2) of Schedule 3; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.
3
Where, during the relevant year there is a period overrun in respect of either rebates or allowances, or both, then the housing benefit subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of–
a
an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of allowances to the extent that the overrun relates to allowances; and
b
an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of rebates to the extent that the overrun relates to rebates.
Backdated benefit
5
1
Subject to paragraph (2), where–
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s housing benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the housing benefit qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 9 applies.
Disproportionate rent increase
6
1
Except in a case to which paragraph (6) or (7) applies, and for the purposes of article 4(1)(b)(ii), where the average rent increase differential, as calculated in accordance with paragraph (4), for an appropriate authority has a value greater than zero, the appropriate amount for such part of the housing benefit qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be 25 per cent. of that portion of the housing benefit qualifying expenditure as is determined in accordance with paragraph (4).
2
For the purposes of paragraphs (3) and (4)–
a
the value of C shall be determined by dividing B by A where–
A is the average rent charged by the authority to Category A tenants on the first relevant date, and
B is the average rent charged by the authority to Category B tenants on the second relevant date;
b
the value of F shall be determined by dividing E by D where–
D is the average rent for Category B tenants on the first relevant date, and
E is the average rent for Category B tenants on the second relevant date;
c
the value of I shall be determined by dividing H by G where–
G is the average rent charged by the authority in respect of Category 1 dwellings on the second relevant date, and
H is the average rent charged by the authority in respect of Category 1 dwellings on the third relevant date; and
d
the value of L shall be determined by dividing K by J where–
J is the average rent charged by the authority in respect of Category 2 dwellings on the second relevant date,
K is the average rent charged by the authority in respect of Category 2 dwellings on the third relevant date.
3
In this article the average rent increase differential for each appropriate authority shall be calculated by applying the formula–
( C × I ) - ( F × L )
where
C, F, I and L each has the value determined in accordance with paragraph (2).
4
The portion of housing benefit qualifying expenditure attributable to rent rebates granted during the relevant year and referred to in paragraph (1), shall be determined by dividing the average rent increase differential by the product of (F×L), where F and L have the values given to them in paragraph (2) respectively.
5
In this article–
“average” means the arithmetic mean;
“Category A tenants” means tenants of the authority, other than a specified person, who on the first and second relevant dates were in receipt of rent rebates and were resident at the same address on both dates;
“Category B tenants” means tenants of the authority, other than a specified person, who were not in receipt of rent rebates on the first and second relevant dates but were resident at the same address on both dates;
“Category 1 dwellings” means dwellings rented out by the authority on both the second and the third relevant dates in respect of which, on the third relevant date, the persons, other than a specified person, liable to pay such rent were in receipt of rent rebates;
“Category 2 dwellings” means dwellings rented out by the authority on both the second and the third relevant dates in respect of which, on the third relevant date, the persons, other than a specified person, liable to pay such rent were not in receipt of rent rebates;
“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority, occurring in March 1989;
“second relevant date” means the 11th November 1991;
“third relevant date” means the date in March 1993 which is the same as the first relevant date, but if the date in March 1993 falls in a rent free period the date in March which is closest to it and which does not fall in a rent free period;
“rent” means either–
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent) ; or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (2) it has the same meaning throughout in relation to that authority; and
“a specified person” means a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation.
6
This article shall not apply in a case to which either article 9 or 10 applies.
7
In England and Wales this article shall only apply to expenditure attributable to rent rebates granted by new town corporations and the Development Board for Rural Wales.
Treatment of high rents
7
1
Subject to paragraphs (3) and (4), where any part of the housing benefit qualifying expenditure of an authority within an area listed in column 1 of Schedule 5 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column 2 of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies–
a
if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance;
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of rents which exceed the threshold–
a
which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or
b
which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied that the rent is at or below the fair rent level; or
c
where a rent assessment committee has not made a rent determination because they are satisfied that the rent is at or below the fair rent level and a rent officer is not required to make a determination under paragraph 7(2) of Schedule 1 of the Rent Officers Order ; or
d
where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or
e
where the relevant dwelling is situated within the area of a housing action trust established under Part III of the Housing Act 1988 (Housing Action Trust Areas); or
f
where the dwelling is an excluded tenancy by virtue of paragraph 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
4
This article shall not apply in a case to which article 8 or 9 applies.
Rent officers' determinations
8
1
Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 6.
2
This article applies where–
a
an authority applies to a rent officer for a determination to be made under the Rent Officers Order in relation to a dwelling; and
b
the officer makes a determination under that Order.
3
Except in a case to which paragraph (4) applies, this article also applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for that determination.
4
This paragraph applies in a case where–
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).
5
This article also applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
6
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.
7
Where no determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is required to be made by the rent officer in accordance with article 5(2) of the Rent Officers Order this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date of the application to the rent assessment committee, or 1st April 1992, whichever is the later date.
Treatment of certain residential accommodation
9
Where any part of an authority’s housing benefit qualifying expenditure is attributable to rebates or allowances granted under the 1982 Act to persons in respect of accommodation provided under–
a
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or
b
section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or
c
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year shall be 90 per cent. of the housing benefit qualifying expenditure so attributable.
Homeless cases
10
1
Where paragraph (3) applies, any part of the housing benefit qualifying expenditure of an authority within an area listed in column (1) of Schedule 7 attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Schedule, then for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies–
a
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be–
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates;
b
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be–
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess,
and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold, which–
a
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accommodation made available to that person;
b
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, made available to that person;
c
a person is required to pay to an authority for accommodation outside the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person;
d
in the case of Scotland, a person is required to pay to an authority for accommodation within the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person.
Overpayment of rebates or allowances
11
1
Subject to paragraph (7), where any part of an authority’s housing benefit qualifying expenditure is attributable to an overpayment of rebates or allowances made and discovered in the relevant year, for the purposes of article 4(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraphs (3), (4), (5) and (6), the appropriate amount shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment; and
b
in the case of an overpayment caused by departmental error, 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpay ment as has not been recovered by the authority and nil per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has been recovered by the authority; and
c
in the case of a technical overpayment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment for a period not exceeding 2 benefit weeks beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to the overpayment; and
d
where a rebate has been granted in advance and the authority subsequently identifies a recoverable overpayment which does not arise from a change in circumstances, the amount appropriate to that overpayment as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks beginning with the benefit week after the week in which that overpayment is so identified by that authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to that overpayment; and
e
in the case of any other overpayment, 25 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment.
3
In paragraph (2)(a) and article 12(1)(b)(i) “overpayment caused by an error of the authority making the payment” means an overpayment caused by a mistake made or something done or omitted to be done by that authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
In paragraph (2)(b) and article 12(1)(b)(ii) “overpayment caused by departmental error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
5
In paragraph (2)(c) and article 12(1)(b)(iii) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and a change in circumstances reduces or eliminates entitlement to that rebate beginning with the benefit week following the week in which the change is disclosed to the authority.
6
This article shall not apply to that part of any rebate or allowance to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made) applies.
7
Any reference in this article to an overpayment shall not include any rebate or allowance for any benefit period overrun or other period immediately following expiry of the specified period determined under regulation 66 of the Housing Benefit Regulations except for so much of any rebate or allowance to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Additions to housing benefit subsidy
12
1
The additions referred to in article 4(1) shall be of the following amounts where–
a
following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
subject to paragraph (2), during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990, 31st March 1991, and 31st March 1992, as the case may be, and an amount is to be deducted under article 13 in relation to that overpayment, an amount equal to–
i
in the case of an overpayment caused by an error of the authority making the payment, within the meaning of article 11(3), 15 per cent. of the overpayment;
ii
in the case of an overpayment caused by departmental error, within the meaning of article 11(4), 95 per cent. of so much of the overpayment as has not been recovered by the authority and nil per cent. of the overpayment which has been recovered by the authority;
iii
in the case of a technical overpayment, within the meaning of article 11(5), 15 per cent. of the overpayment for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the overpayment; or
iv
in the case of any other overpayment, 25 per cent. of the overpayment.
2
The amount under paragraph (1)(b) shall not include an amount in relation to an overpayment of community charge rebate made in the year ending 31st March 1990, but discovered in the relevant year as a result of a reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge).
Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
13
1
The deductions referred to in article 2(2)(a) are, subject to paragraph (2), to be of the following amounts where–
a
a tenant of an authority, who is in receipt of a rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement–
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rent rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award–
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligaton;
iii
made under section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensa tion for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Housing Benefit Regulations or, as the case may be, regulation 57 of the Scottish Regulations (calculations of weekly amounts), the amount of such increase;
e
during the relevant year it is discovered that a payment of community charge rebate has been overpaid in the relevant year as a result of the reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge), the amount of the overpayment;
f
subject to article 15, during the relevant year it is discovered that a rebate or allowance has been paid under the 1982 Act in excess of entitlement, the amount of such excess;
g
during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by departmental error within the meaning of article 11(4), where the overpayment had occurred and been discovered in a year earlier than the relevant year, the amount so recovered;
h
during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990, 31st March 1991 and 31st March 1992, as the case may be, the amount of such overpayment, but only to the extent that–
i
the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit (Subsidy) Order 1989 or of the Housing Benefit (Subsidy) Order 1990 or under article 4 of the 1991 Order or of the 1992 Order, as the case may be; and
ii
the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transi tional) Order 1989 , or as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made) applied;
j
during the relevant year any instrument of payment issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more sub-paragraphs of paragraph (1) only the higher or highest or, where the amounts are equal, only one amount, shall be deducted.
Deduction from housing benefit subsidy
14
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 4 years ending on 31st March 1992 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 4(1) shall be the amount of any subsidy that has been paid to that authority in respect of any such instrument.
Modification of housing benefit subsidy on payments in excess of entitlement
15
1
Notwithstanding any provision made under the 1982 Act in respect of housing benefit paid in excess of entitlement under that Act, where an overpayment of such benefit to which any such provision applies made in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, within the meaning of article 11(3), 15 per cent. of the overpayment; and
b
in the case of an overpayment caused by departmental error, within the meaning of article 11(4), 95 per cent. of so much of the overpayment as has not been recovered by the authority; and
c
in the case of any other overpayment, 25 per cent. of the overpayment.
3
In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefit Regulations 1985 (interpretation) as previously in force.
PART III
COMMUNITY CHARGE BENEFIT SUBSIDY
Interpretation of Part III
16
1
In this Part of this Order, unless the context otherwise requires–
“appropriate authority” means a charging authority to which section 139(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 139(3) of the Act refers;
“community charge benefit subsidy” means subsidy under section 140 of the Act;
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ,
and other expressions shall have the same meanings as in the Community Charge Benefits Regulations.
2
In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits granted by the appropriate authority during the relevant year, less–
a
the deductions specified in article 22; and
b
where, under sub-section (6) of section 139 of the Act (arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of community charge benefit subsidy
17
The amount of an appropriate authority’s community charge benefit subsidy for the relevant year–
a
for the purposes of section 140(2) of the Act (subsidy in respect of community charge benefit) shall be the amount or total of the amounts calculated in accordance with article 18;
b
for the purposes of section 140(5) of the Act (subsidy in respect of the costs of administering community charge benefits) may include an additional sum in respect of the costs of administering community charge benefits calculated in accordance with Schedule 2.
Community charge benefit
18
1
Subject to paragraph (2), for the purposes of section 140(2) of the Act, an appropriate authority’s community charge benefit subsidy for the relevant year shall be–
a
in the case of an appropriate authority to which articles 19 and 20 do not apply, 95 per cent. of its community charge benefit qualifying expenditure;
b
in the case of an appropriate authority to which at least one of those articles is relevant an amount equal to the aggregate of–
i
95 per cent. of so much of its community charge benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the community charge benefit to which each of those articles which is relevant applies; plus
ii
the appropriate amount calculated in respect of the community charge benefit under each such article,
plus, in each case, the addition, where applicable, under article 21, less in each case the deduction, where applicable, under article 23.
2
Where, during the relevant year there has been a period overrun in respect of community charge benefit, that authority’s community charge benefit subsidy for that year shall be adjusted by deducting from the subsidy otherwise due under this article an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 4, of the community charge benefit qualifying expenditure for that authority.
Backdated benefit
19
Where–
a
during the relevant year an appropriate authority has, under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), treated any claim for a community charge benefit as made on a day earlier than that on which it is made; and
b
any part of that appropriate authority’s community charge benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 18(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the community charge benefit qualifying expenditure so attributable.
Excess community charge benefits
20
1
Subject to paragraph (7), where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 18(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraphs (3), (4), (5) and (6), the appropriate amount shall be–
a
in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
b
in the case of excess benefits allowed in consequence of departmental error, 95 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and
c
in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits, for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
d
where benefits have been allowed in advance and the appropriate authority subsequently identifies recoverable excess benefits which do not arise from a change in circumstances, the amount appropriate to the excess benefits as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks, beginning with the benefit week after the week in which those excess benefits are so identified by that authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to those excess benefits; and
e
in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.
3
In paragraph 2(a) and article 21(b)(i) “excess benefits allowed in consequence of an error of the appropriate authority making the payment” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
4
In paragraph 2(b) and article 21(b)(ii) “excess benefits allowed in consequence of departmental error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
5
In paragraph 2(c) and article 21(b)(iii) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being allowed in advance and a change in circumstances reducing or eliminating entitlement to those benefits, beginning with the benefit week next following the week in which the change is disclosed to the appropriate authority.
6
This article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.
7
Any reference in this article to excess benefits shall not include any community charge benefit for any benefit period overrun or any period immediately following expiry of the specified period determined under regulation 54 of the Community Charge Benefit Regulations except for so much of any such benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Addition to community charge benefit subsidy
21
The addition referred to in article 18 shall be of the following amounts–
a
in a case where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
in a case where it is discovered by an appropriate authority, during the relevant year, that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, and an amount is to be deducted under article 22 in relation to those excess benefits, an amount equal to–
i
where the excess benefits are allowed in consequence of an error of the appropriate authority making the payment, within the meaning of article 20(3), 15 per cent. of the excess benefits;
ii
where the excess benefits are allowed in consequence of a departmental error, within the meaning of article 20(4), 95 per cent. of that part of the excess benefits which have not been recovered by the appropriate authority and nil per cent. of the remainder of the excess benefits;
iii
where technical excess benefits, within the meaning of article 20(5), are allowed, 15 per cent. of the excess benefits for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and nil per cent. of the excess benefit for any period thereafter;
iv
where excess benefits are allowed for any other reason, 25 per cent. of the excess benefit.
Deductions to be made in calculating subsidy in respect of community charge benefit
22
1
The deductions referred to in article 16(2) are, subject to paragraph (2), of the following amounts, namely–
a
where an appropriate authority has allowed excess community charge benefit falling within regulation 83(a) to (d) of the Community Charge Benefits Regulations (meaning of excess benefits), the amount attributable to that excess;
b
where an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations (increases of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;
c
where during the relevant year an amount is recovered in relation to excess community charge benefit which was allowed in consequence of departmental error within the meaning of article 20(4) and where the excess benefit had occurred and been discovered in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount so recovered;
d
where during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount of the excess benefits, but only to the extent that–
i
the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under either article 15 of the 1991 Order or article 16 of the 1992 Order, as the case may be; and
ii
the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made);
e
where during the relevant year any instrument of payment which was issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.
Deduction from community charge benefit subsidy
23
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 2 years ending on 31st March 1992 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 18(1) shall be the amount of any subsidy that has been paid to that authority in respect of any such instrument.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1993
We consent,
Irvine Patnick
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993