text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Haiti (United Nations Sanctions) (Channel Islands) Order 1993 and shall come into force on 22nd July 1993.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 16th June 1993, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“arms” includes conventional, chemical, biological and nuclear weapons and ballistic missiles;
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“enactment” includes an enactment of the States of Guernsey or Alderney or the Chief Pleas of Sark, or the States of Jersey;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of that aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Haiti” means —
any person or body exercising for the time being public functions in Haiti;
any other person in, or resident in, Haiti;
any body incorporated or constituted under the law of Haiti;
any body, wherever incorporated or constituted, which is controlled by any of the persons or bodies mentioned in sub-paragraphs (i) to (iii) above;
any person acting on behalf of any of the above mentioned persons or bodies;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894 ;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle and includes a barge;
“vessel” includes any ship, surface effect vehicle, any small waterplane vessel and hydrofoil, and the hull or part of the hull of a vessel.
2
Any reference to a provision of an Act of Parliament shall, in the case of a provision which has been extended to any of the Channel Islands, be construed as a reference to that provision as it has effect there and, in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.
Supply of certain goods to Haiti
3
1
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
i
supply or deliver;
ii
agree to supply or deliver; or
iii
do any act calculated to promote the supply or delivery of,
any goods specified in Schedule 1 to this Order to or to the order of a person connected with Haiti.
2
Nothing in paragraph (1)(ii) or (iii) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article.
Exportation of certain goods to Haiti
4
Except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
the goods specified in Schedule 1 to this Order are prohibited to be exported from any of the Channel Islands to any destination in Haiti or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Haiti.
Carriage of goods destined for Haiti
5
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used for the carriage of any goods specified in Schedule 1 to this Order if the carriage is, or forms part of, carriage from any place outside Haiti to any destination therein, or to any person connected with Haiti.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (2) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Haiti to any destination therein or to any person connected with Haiti.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or the Bailiwick of Jersey of the goods concerned to Haiti was authorised by a licence granted by the relevant authority under article 3 or article 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Assets of Haiti
6
1
Except with permission granted by or on behalf of the Treasury, no person shall —
a
make any payment or part with any gold, securities or investments; or
b
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
2
This article applies to action which is likely to make available to or for the benefit of any persons or bodies exercising for the time being public functions in Haiti any funds or other financial or economic resources, whether by their removal from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or otherwise, or otherwise to remit or transfer funds or other such resources to or for the benefit of such persons or bodies.
3
Any permission granted by or on behalf of the Treasury under this article may be granted absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the Treasury.
4
In this article —
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactment and Repeals) Act 1964 ; and
b
“investments” means any asset, right or interest falling within any paragraph of Part 1 of Schedule 1 to the Financial Services Act 1986 which is not a security.
Application of Articles 3 and 6
7
1
The provisions of articles 3 and 6 shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraph (3) below, any person specified in paragraph (1) above who contravenes the provisions of articles 3 or 6 shall, in the Bailiwick in question, be guilty of an offence under this Order.
3
In the case of proceedings for an offence in contravention of article 3 it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to or to the order of a person connected with Haiti.
Customs powers to demand evidence of destination which goods reach
8
Any exporter or any shipper of goods specified in Schedule 1 to this Order which have been exported from any of the Channel Islands shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impots or any person duly authorised by the Agent of the Impôts, furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
9
1
If for the purpose of obtaining any licence or permission under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence or permission granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence or permission.
Declaration as to goods: powers of search
10
1
Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts —
a
declare whether or not he has with him any goods specified in Schedule 1 to this Order which are destined for Haiti or for delivery, directly or indirectly, to or to the order of a person connected with Haiti; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships, aircraft and vehicles
11
1
Where any authorised officer, that it to say, in respect of the Bailiwick of Guernsey any such officer other than an officer of the Board of Trade as is referred to in section 692(1) of the Merchant Shipping Act 1894, or a States Revenue Officer, or, in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him has reason to suspect that any ship to which article 5 applies has been or is being operated or used in contravention of article 5(1), he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being operated or used in contravention of article 5(1), exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such violation or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps —
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
d
to take her to any other destination that may be specified by the officer inagreement with the master,
and the master shall comply with any such request or direction.
2
Without prejudice to the provisions of paragraph (10) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer maytake such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
3
Where, in the case of the Bailiwick of Guernsey, any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impots, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any aircraft to which article 5 applies has been or is being used in contravention of article 5(1), that officer or authorised person may request the charterer, the operatorand the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and its cargo and, for that purpose, may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft and its cargo to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey unless and until notified that the aircraft and its cargo may depart, and the charterer, the operator and the commander shall comply with any such request.
4
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (3) above has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or the Bailiwick ofJersey that has been made under paragraph (3) above may not be complied with, that authorised person or that officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the fore-going, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and its cargo; and
c
use, or authorise the use of, reasonable force.
5
Where, in the case of the Bailiwick of Guernsey any States Revenue Officer or, in the case of the Bailiwick of Jersey, any officer of the Impots, or any person authorised by the Attorney General for that purpose either generally or in a particular case has reason to suspect that any vehicle in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, has been or is being or is about to be used in contravention of article 5(1), that officer or authorised person may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such cargo as he may specify, and that officer or authorised person may (either alone or accompanied and assisted by persons under his authority) board the vehicle and search it and for that purpose may use or authorise the use of reasonable force; and any such officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the driver to cause the vehicle and its cargo to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey unless and until notified that the vehicle and its cargo may depart, and the operator and the driver shall comply with any such request.
6
Without prejudice to the provisions of paragraph (10) below, where any such officer or authorised person as is referred to in paragraph (5) above has reason to suspect that any request that a vehicle should remain in the Bailiwick of Guernsey or the Bailiwick of Jersey that has been made under paragraph (5) above may not be complied with, that officer or authorised person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and its cargo; and
c
use, or authorise the use of, reasonable force.
7
A person authorised by the Attorney General to exercise any power for the purposes of paragraph (3), (4), (5) or (6) above shall, if requested to do so, produce evidence of his authority before exercising that power.
8
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey;
c
on the authority of the Attorney General, to any organ of the United Nations orto any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Haiti decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs, or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
9
Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
10
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under paragraph (1) above with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or
ii
wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
11
Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
12
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order or detecting violation of the United Nations resolutions and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, or an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
Penalties and Proceedings
13
1
Any person guilty of an offence under article 5(3) or article 7(2) shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 11(8)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 9(1) or (2), or article 10(3), shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 11(8)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 2 shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
5
Any person guilty of an offence under article 8 or article 10(2) shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Bailiwick of Guernsey or the Bailiwick of Jersey having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by, or with the consent of, the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of Powers
14
1
The Lieutenant Governor or the Attorney General may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Lieutenant Governor and Attorney General shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.
N. H. Nicholls
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 5) Regulations 1993 and shall come into force on 1st August 1993.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with these Regulations.
3
In paragraph (1) of regulation 29, for the definition of “exempt input tax” there shall be substituted the following —
“exempt input tax” means —
input tax, or a proportion of input tax, which is attributable to exempt supplies in accordance with the method used under regulation 30 or approved or directed under regulation 31, as the case may be; and
input tax, or a proportion of input tax, which is attributable to supplies outside the United Kingdom which would be exempt if made in the United Kingdom, not being supplies specified in an order under section 15(2)(ba) of the Act , according to the extent to which the goods or services on which the input tax was incurred are used or to be used in making such supplies or in accordance with a method approved or directed under regulation 31, as the case may be;
.
4
After regulation 29 there shall be inserted the following —
29A
Nothing in this Part of these Regulations shall be construed as allowing a taxable person to deduct the whole or any part of tax on the importation or acquisition by him of goods or the supply to him of goods or services where those goods or services are not used or to be used by him in making supplies in the course or furtherance of a business carried on by him.
.
5
In regulation 32 —
a
for the words “importations or acquisitions by or supplies to him” there shall be substituted “goods imported or acquired by or goods or services supplied to him”;
b
for the words “importations, acquisitions or supplies” there shall be substituted “goods or services”.
6
After paragraph (4) of regulation 33 there shall be added the following —
5
In this regulation —
“supplies”, except in the expression “taxable supplies”, shall be construed as including supplies outside the United Kingdom which would be exempt if made in the United Kingdom, other than supplies specified in an order under section 15(2)(ba) of the Act , and “supply” shall be construed accordingly.
.
7
At the beginning of paragraph (2) of each of regulations 35 and 36 there shall be inserted “Subject to regulation 36A below and”.
8
After regulation 36 there shall be inserted the following —
36A
1
In this regulation and regulations 35 and 36 above —
a
“exempt supplies” includes supplies outside the United Kingdom which would be exempt if made in the United Kingdom, other than supplies within sub-paragraph (b) below;
b
“taxable supplies” includes the supplies referred to in regulation 32 above.
2
Where —
a
regulation 35 or 36 above applies;
b
the use to which the goods or services concerned are put or to which they are intended to be put includes the making of any supplies outside the United Kingdom; and
c
at the time when the taxable person was first required to attribute the input tax he was not required to use a method approved or directed under regulation 31 above or that method did not provide expressly for the attribution of input tax attributable to supplies outside the United Kingdom;
under regulation 35 or the amount which he is entitled to be paid under regulation 36, as the case may be, shall be calculated by reference to the extent to which the goods or services concerned are used or intended to be used in making taxable supplies, expressed as a proportion of the whole use or intended use.
.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
30th June 1993


text:
Citation
1
This Order may be cited as the Forth Ports Authrity (Dissolution) Order 1993.
Dissolution of the Authority
2
The Forth Ports Authority shall be dissolved on 1st December 1993.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State
Department of Transport
29th November 1993


text:
Citation and interpretation
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1993 and shall come into force on 1st April 1993.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 shall be amended as follows —
a
in paragraph 2(1) —
i
the word “and” shall be omitted at the end of sub-paragraph (d);
ii
for the full stop at the end of sub-paragraph (e) there shall be substituted “; and”; and
iii
after sub-paragraph (e) there shall be inserted the following sub-paragraph —
f
payments in place of payments of child support maintenance under section 43(1) of the Child Support Act 1991 and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 .
;
b
the following paragraph shall be inserted after paragraph 7 —
Payments in place of payments of child support maintenance
7A
1
Subject to paragraph (2), where a child support officer (within the meaning of section 13 of the Child Support Act 1991) has determined that a beneficiary or his partner is liable in respect of payments under section 43(1) of that Act and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 in place of payments of child support maintenance, the adjudicating authority shall, subject to paragraph 8, determine whether there is sufficient specified benefit in payment to enable a deduction to be made by the Secretary of State for transmission to the person or persons entitled to it.
2
Not more than one deduction shall be made under paragraph (1) in any one benefit week as defined in paragraph 4 of Schedule 7.
3
The amount of specified benefit to be paid under this paragraph shall be the amount prescribed by regulation 28(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 for the purposes of section 43 (2)(a) of the Child Support Act 1991 (that is to say 5 per cent of the personal allowance for a single claimant aged not less than 25).;
Signed by authority of the Secretary of State for Social Security
Alistair Burt
Parliamentary Under-Secretary of State
Department of Social Security
4th March 1993


text:
Title and commencement
1
This Order may be cited as the Fishing Boats (Marking and Documentation) (Enforcement) Order 1993 and shall come into force on 1st September 1993.
Interpretation
2
1
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom;
“Commission Regulation” means Commission Regulation ( EEC ) No. 1381/87 establishing detailed rules concerning the marking and documentation of fishing vessels ;
“Community fishing boat” means a fishing boat flying the flag of, or registered in, a member State other than the United Kingdom;
“fish room” means any space or compartment in a vessel in which its catch may be stowed;
“Islands fishing boat” means a boat which is registered in the Isle of Man or in any of the Channel Islands.
2
For the purposes of —
a
the information referred to in indents 1, 2, 4 and 5 of article 3(1) of the Commission Regulation, the competent authority in respect of vessels registered in England and Wales, is the Minister of Agriculture, Fisheries and Food, in respect of vessels registered in Scotland, is the Secretary of State for Scotland, and in respect of vessels registered in Northern Ireland, is the Secretary of State for Northern Ireland;
b
the information referred to in indent 3 of article 3(1) of the Commission Regulation, the competent authority is the Secretary of State for Trade and Industry;
c
the documents certifying the size of fish rooms and indicating the calibration of chilled or refrigerated sea-water tanks, the competent authority is any authority mentioned in sub-paragraph (a) above;
d
the document recording the date of entry into service in respect of vessels registered in the United Kingdom, the competent authority is the Secretary of State for Transport.
3
In this Order, references to British fishing limits shall be construed as excluding the territorial sea adjacent to the Isle of Man.
4
In relation to vessels registered in the Isle of Man, the competent authority for each of the purposes specified in paragraph (2) above, is the Department of Highways, Ports and Properties, a department of the Government of the Isle of Man.
Offences
3
1
Where there is, in respect of any British fishing boat wherever it may be, a contravention of, or failure to comply with, any provision of article 1, 2 or 3 of the Commission Regulation, the master, owner, charterer (if any) and any other person responsible for the vessel, shall each be guilty of an offence.
2
Where there is, in respect of any Community fishing boat or any Islands fishing boat, which is within British fishery limits, a contravention of, or failure to comply with, any provision of article 1, 2 or 3(1) to (4) of the Commission Regulation, the master, owner, charterer (if any) and any other person responsible for the vessel, shall each be guilty of an offence.
Penalties
4
A person guilty of an offence under article 3 of this Order founded on a contravention of, or failure to comply with, a provision of the Commission Regulation shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule to this Order opposite the reference to that provision in column 1; or
b
on conviction on indictment to a fine.
Defence of due diligence
5
It shall be a defence for a person charged with an offence under article 3 of this Order founded on a contravention of, or failure to comply with, any provision of article 1 or 2 of the Commission Regulation to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Recovery of fines
6
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, member of the crew, owner, charterer (if any) or any other person responsible for the vessel, who is convicted by the court of an offence under article 3 or 8 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, member of the crew, owner, charterer (if any) or any other person responsible for the vessel, who is convicted by the sheriff of an offence under article 3 or 8 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purposes of enforcing article 3 of this Order, a British sea-fishery officer may exercise —
a
in relation to any British fishing boat wherever it may be, or
b
in relation to any Community fishing boat or any Islands fishing boat, which is within British fishery limits,
the powers conferred by paragraphs (2) to (5) of this article.
2
He may —
a
require the boat to stop and do anything else to enable him to board it;
b
go on board the boat;
c
take with him, to assist him in performing his functions, any other person and any equipment or materials;
d
require the attendance of the master of the boat or any other person on board;
e
require any person on board to assist him in the performance of his functions; and
f
make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish rooms and the equipment of the boat;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
3
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 3 of this Order has been committed within British fishery limits, he may seize and detain any document produced to him or found on board the boat, and the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
4
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
5
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
Obstruction of officers
8
Any person who, on any British fishing boat wherever it may be, or on any Community fishing boat or any Islands fishing boat which is within British fishery limits —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 7 of this Order; or
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
intentionally obstructs any such officer in the exercise of any of those powers, shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine. Protection of officers
9
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 7 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
10
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
9th August 1993.
Ian Lang
Secretary of State, Scottish Office
10th August 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th August 1993
Patrick Mayhew
Secretary of State for Northern Ireland
6th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warrington Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 22nd January 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 22nd January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Warrington Hospital 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 Warrington Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at District General Hospital, Lovely Lane, Warrington, Cheshire WA5 1QG.
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 Warrington 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
The Warrington 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 Warrington 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
12th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ayrshire and Arran Community Health Care National Health Service Trust (Appointment of Trustees) Order 1993, and shall come into force on 30th April 1993.
2
In this Order, unless the context otherwise requires– “ the Act ” means the National Health Service (Scotland) Act 1978;
“the Trust” means the Ayrshire and Arran Community Health Care 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
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th April 1993


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
1
The Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 shall be amended as follows.
2
In regulation 35(1A) —
a
for the words “1st October 1991” there shall be substituted the words “1st April 1993”; and
b
in sub-paragraph (a) for “£70” there shall be substituted “£170”.
3
In regulation 35(1B) —
a
after the word “licence” there shall be inserted the words “on or after 1st April 1993”; and
b
in sub-paragraph (b) for “£70” there shall be substituted “£170”.
3
Nothing in regulation 2 of these Regulations affects the fee payable in respect of the grant or variation of a licence before 1st April 1993.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
18th February 1993


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix” and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 1992( ) is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1993 and shall come into operation on the first day of January 1994.
R.B Gibson
A.K.L. Black
M.J. Colman
Peter Crediton
C.A. McLintock
Dated this 13th day of May 1993
Approved by the General Synod
P.J.C. Mawer
Secretary-General
the ninth day of July 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (South Yorkshire Transport Limited) Regulations 1993 and shall come into force on 12th November 1993.
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“ the Executive ” means the South Yorkshire Passenger Transport Executive;
“ Mainline ” means the Mainline Group Limited;
“the Pensions Authority ” means the South Yorkshire Pensions Authority;
“the Pensions Authority Fund ” means the superannuation fund maintained by the South Yorkshire Pensions Authority;
“the principal Regulations ” means the Local Government Superannuation Regulations 1986 ;
“the Transport Authority ” means the South Yorkshire Passenger Transport Authority;
“the Transport Company ” means South Yorkshire Transport Limited.
3
In these Regulations, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Pensions increase
2
1
In its application to a pension (within the meaning of the 1971 Act) which has become payable to or in respect of any person in relation to service ending with service with the Transport Company before 1st April 1992 or after 7th June 1993, Schedule 3 to the 1971 Act and regulation P14 of the principal Regulations shall have effect as if any reference to the last employing authority were a reference to the Executive.
2
In its application to a pension (within the meaning of the 1971 Act) which has become payable to or in respect of any person in relation to service —
a
ending with service with the Transport Company in the period beginning with 1st April 1992 and ending with 6th June 1993; or
b
ending with service with Mainline;
Schedule 3 to the 1971 Act and regulation P14 of the principal Regulations shall have effect as if any reference to the last employing authority were a reference to Mainline.
3
Regulation 4 of the Pensions Increase (Local Authorities' etc. Pensions) Regulations 1974 shall cease to have effect in the case of a pension which is payable in respect of service ending with service which was with the Transport Company or Mainline.
Contributions to the Fund by the Executive
3
The Executive, in the year beginning with 1st April 1993 and in any subsequent year, —
a
shall not pay to the Pensions Authority Fund contributions in respect of the cost of any increase of a pension under the 1971 Act in relation to any person whose service has either ended with service with the Transport Company in the period beginning with 1st April 1992 and ending with 6th June 1993 or ends with service with Mainline (and any such contributions paid before the coming into force of these Regulations shall be treated by the Pensions Authority Fund’s actuary as not having been paid in respect of any such cost); and
b
shall pay to the Pensions Authority Fund such amounts as shall at any time be required to meet the liabilities created by the principal Regulations or by or under the 1971 Act in respect of persons mentioned in regulation 2(1).
Superannuation funds
4
Regulation P1 of the principal Regulations shall be amended —
a
by inserting after paragraph (1B) the following —
1C
The South Yorkshire Passenger Transport Authority shall establish and maintain a superannuation fund for the purposes of these Regulations.
; and
b
in paragraph (2), by substituting for the words “or (1B)” the words “, (1B) or (1C)”.
Interfund adjustments
5
1
If —
a
the admission agreement made under regulation B3 of the principal Regulations by Mainline with the Pensions Authority ceases to have effect; and
b
Mainline subsequently makes an admission agreement (“the second admission agreement”) under regulation B3 of the principal Regulations with the Transport Authority;
the Pensions Authority shall not be required to pay any sum to the Transport Authority by virtue of Part Q of the principal Regulations and the provisions of paragraphs (2) to (6) below shall apply.
2
The Pensions Authority shall, as soon as practicable, pay out of the Pensions Authority Fund to the Transport Authority for the credit of their superannuation fund a transfer value calculated in accordance with Part V of Schedule 16 to the principal Regulations representing the accrued liabilities of the Pensions Authority Fund in respect of —
i
a person whose service has ended with service with the Transport Company in the period beginning with 1st April 1992 and ending with 6th June 1993; and
ii
a person who on or after 7th June 1993 and before the making of the second admission agreement has become an employee of Mainline;
and shall not be required at any time after the making of the second admission agreement to meet the liabilities created by the principal Regulations or by or under the 1971 Act in respect of persons mentioned in sub-paragraphs (i) and (ii) above.
3
For the purposes of paragraph (2) above, Part V of Schedule 16 to the principal Regulations shall be construed as if —
i
any reference to regulation Q2 (1) were a reference to this regulation; and
ii
the reference in paragraph 2 to new local government employment on or after 1st October 1981 were a reference to employment with Mainline on or after 15th November 1993.
4
The total sum payable under paragraph (2) above shall be adjusted to the extent that the actuaries of the funds concerned consider appropriate having regard to existing or prospective liabilities of or benefits accruing to the Pensions Authority Fund arising from circumstances peculiar to the Transport Company and Mainline in respect of persons mentioned in paragraph (2) above.
5
If any question arises as to the application of paragraph (4) above or the actuaries are unable to agree on the adjustment to be made, the adjustment (if any) to be made shall be decided by an actuary appointed by the Secretary of State.
6
The Transport Company shall bear the costs of calculating the transfer value under paragraph (2) above and the adjustment, if any, required by paragraph (4) above.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
9th November 1993


text:
Citation and commencement
1
This Order may be cited as the Criminal Justice Act 1988 (Application to Service Courts) (Evidence through Television Links) Order 1993 and shall come into force on 8th March 1993.
Application of section 32 of the Criminal Justice Act 1988
2
Sub-sections (1), (2)(a) to (c) and (3) of section 32 of the 1988 Act shall have effect in relation to proceedings before Service courts subject to the modifications for which paragraph 8(2) of Schedule 13 to that Act provides, and to the further modification that in sub-section (1) of section 32, for paragraph (b) there shall be substituted the following paragraph–
b
the witness–
i
in the case of an offence to which section 32(2)(a) or (b) below applies, or which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within section 32(2)(a) or (b) below, is under fourteen years of age;
ii
in the case of an offence to which section 32(2)(c) below applies, or which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within section 32(2)(c) below, is under seventeen years of age.
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
11th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Possibilities National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the New Possibilities 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 New Possibilities 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 New Possibilities House, Turner Village, Turner Road, Colchester, Essex CO4 5JP;
b
to manage community health services provided from New Possibilities House, Turner Village, Turner Road, Colchester, Essex CO4 5JP 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 trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Essex Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North Essex Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Essex 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
Brian Mawhinney
Minister of State
Department of Health
22nd October 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod and Saithe (Specified Sea Areas) (Prohibition of Fishing) Order 1993 and shall come into force on 21st December 1993.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No.2930/86, defining characteristics for fishing vessels ;
“sea area” means the statistical sub-area or divisions of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition of fishing for cod or saithe and exception
2
1
Subject to paragraph (2) below, fishing for cod (Gadus morhua) or saithe (Pollachius virens) —
a
by any British fishing boat registered in the United Kingdom within any part of the sea area ICES IIa (Norwegian Sea), or ICES IV (North Sea); or
b
by any other British fishing boat within any part of such a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1994.
2
The prohibition —
a
in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES IIa (Norwegian Sea) which lies outside British fishery limits;
b
in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure.
Prohibition of fishing for saithe and exception
3
1
Subject to paragraph (2) below, fishing for saithe (Pollachius virens) —
a
by any British fishing boat registered in the United Kingdom within any part of the sea area ICES IIIa (Skagerrak and Kattegat), ICES IIIb, c (Sound and Belt Sea or Transition Area) or ICES IIId (Baltic Sea); or
b
by any other British fishing boat within any part of such a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1994.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th December 1993.
(L.S.)
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
9th December 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
13th December 1993
Patrick Mayhew
Secretary of State for Northern Ireland
13th December 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod (Irish Sea) (Prohibition of Fishing) Order 1993 and shall come into force on 7th May 1993.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels;
“sea area” means the statistical division of the International Council for the Exploration of the Sea specified in Schedule 1 hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for cod ( Gadhus morhua ) —
a
by any British fishing boat registered in the United Kingdom within any part of the sea area; or
b
by any other British fishing boat within any part of the sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1994.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port; and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocations
4
The Orders specified in Schedule 2 hereto are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd May 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th April 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
5th May 1993
Patrick Mayhew
Secretary of State for Northern Ireland
30th April 1993


text:
Citation and commencement
1
These Regulations may be cited as the Plant Passport (Plant Health Fees) (England and Wales) Regulations 1993 and shall come into force on 19th July 1993.
Interpretation
2
1
In these Regulations —
“authority” means an authority to issue plant passports conferred on a business, individual or other organisation under Article 17 of the Plant Health (Great Britain) Order 1993 and “plant passport” has the meaning assigned by article 2(1) of that Order.
2
Where a fee is prescribed in these Regulations in relation to an inspection for the purpose of the conferring of an authority to issue plant passports, the refusal to confer such an authority by reason of the results of the inspection being unsatisfactory shall not affect the amount of the fee payable.
Fees for inspections for plant passporting purposes
3
The fee specified in the Schedule to these Regulations shall be paid to the Minister of Agriculture, Fisheries and Food by the prospective holder or holder of the authority, in respect of any inspection (including a check of business records) for the purposes of conferring or maintaining an authority to issue plant passports.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
21st June 1993.
John Redwood
Secretary of State for Wales
30th June 1993
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 1993


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 1993.
2
The following securities are hereby specified for the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 —
8¾% Treasury Loan 1997 “D”
8¾% Treasury Loan 1997 “E”
4⅝% Index-Linked Treasury Stock 1998
7¼% Treasury Stock 1998
9% Conversion Stock 2000 “C”
9¾% Treasury Stock 2002 “C”
8% Treasury Stock 2003
10% Treasury Stock 2003 “B”
4⅜% Index-Linked Treasury Stock 2004
8½% Treasury Loan 2007 “A”
8½% Treasury Loan 2007 “B”
8% Treasury Stock 2009 “A”
9% Conversion Loan 2011 “B”
9% Treasury Stock 2012
9% Treasury Stock 2012 “A”
8¾% Treasury Stock 2017
8¾% Treasury Stock 2017 “A”
4⅛% Index-Linked Treasury Stock 2030.
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Manchester Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Manchester 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 North Manchester 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 State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at North Manchester General Hospital, Delaunays Road, Crumpsall, Manchester M8 6RL and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching 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 the Victoria University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Manchester 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
The North Manchester Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Manchester Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
This Order shall come into force on 5th February 1993 and may be cited as the A31 Trunk Road (Ashley Heath Grade Separated Junction) Order 1993.
2
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
5
The length of the trunk road described in Schedule 2 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 principal road as from the date on which the Secretary of State notifies the County Council of Dorset that the new trunk road is open for through traffic.
6
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” means the plan numbered HA10/2/SWM76 marked “The A31 Trunk Road (Ashley Heath Grade Separated Junction) Order 1993” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the A31 Trunk Road.
Signed by authority of the Secretary of State for Transport
Elisabeth Hopkins
Regional Director South West Region
Department of Transport
21st January 1993


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.3) (Shorthand Writers' Fees) 1993 and shall come into force on 28th June 1993.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Table of Fees
2
In Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session( ), in the paragraphs specified in column 1 of the following table, for the figures set out in column 2 as applying to those paragraphs, substitute the figures set out in column 3 of that table; and the fees so substituted shall apply to work, in respect of which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force:–
column 1 ( paragraph ) column 2 ( old fees ) column 3 ( new fees ) £ £
1 51.35 53.15 1 17.11 17.71 2 3.65 3.78 2 4.39 4.54 5 0.28 0.29
Saving
3
The fees set out in column 2 of the table in paragraph 2 above shall continue to apply to work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
25th May 1993


text:
Citation and commencement
1
This Order may be cited as the Education (Recognised Awards) (Richmond College) Order 1993 and shall come into force on 19th November 1993.
Designation of awards
2
Any award granted or to be granted before 30th June 1996 by Richmond College, the American International University in London is hereby designated as a recognised award for the purposes of section 214 of the Education Reform Act 1988.
Amendment of the Education (Recognised Awards) Order 1988
3
The Schedule to the Education (Recognised Awards) Order 1988 is amended by the deletion of “Master of Business Administration” in column 1 and of “Richmond College, Queen’s Road, Richmond, Surrey” in column 2.
John Patten
Secretary of State for Education
18th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Membership) Regulations 1993 and shall come into force on 1st January 1994, but regulations 3, 4 and 5 shall have effect as from 1st January 1993.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 , unless the context otherwise requires, any expression which is and, also used in the principal Regulations has the same meaning as in those Regulations. Admission of employees of certain bodies
2
1
Subject to paragraphs (2) and (3), the principal Regulations shall be amended —
a
in regulation B3(8), by deleting sub-paragraphs (c) and (d); and
b
by deleting regulation B4.
2
Subject to paragraph (3), where an administering authority has made an admission agreement under regulation B3 of the principal Regulations at any time before 1st January 1994 with a body (“the employing body”) which immediately before that date is either —
a
specified in regulation B3(8)(c) or (d), or
b
deemed to be specified in regulation B3(8) by virtue of regulation B4 of the principal Regulations, it shall continue to be treated as an admission agreement for the purposes of the principal Regulations.
3
Where
a
immediately before 1st January 1994 the employing body is a company under the control of a body described in column (1) of Part I of Schedule 2, and
b
on or after 1st January 1994 the employing body ceases to be a company under the control of a body so described, the admission agreement shall cease to have effect at the time the employing body ceases to be a company under the control of a body so described and any employee of the employing body shall no longer be entitled to participate in the benefits of the superannuation fund maintained by the administering authority with whom the agreement was made and, accordingly, shall no longer be an admitted employee. Appropriate superannuation fund
3
Regulation C1 of the principal Regulations shall be amended by inserting after paragraph (1) the following paragraph —
1A
In relation to a person who is a pensionable employee of a company under the control of a body described in column (1) of Part I of Schedule 2, the appropriate superannuation fund is the fund which, in accordance with this regulation, is the appropriate superannuation fund in relation to a pensionable employee of that body.
Glossary of expressions
4
Schedule 1 to the principal Regulations shall be amended by inserting after the entry relating to the expression “The Common Council” the following entry —
“Company under the control of a body described in column (1) of Part I of Schedule 2”
The same meaning as in section 68 or, as the case requires,section 73 of the Local Government and Housing Act 1989 subject to the following modifications —
any direction made by the Secretary of State under section 68 shall be disregarded; and
any references to a local authority in those sections shall be treated as references to a body described in column (1) of Part I of Schedule 2.
.
Pensionable employees
5
Part II of Schedule 2 to the principal Regulations shall be amended by adding at the end the words
A whole-time employee or a variable-time employee of a company under the control of a body described in column (1) of Part I of Schedule 2, who —
a
immediately before the start of his employment with the company, was employed by a body so described, and
b
is not an admitted employee.
.
Right of Appeal.
6
The provisions of Part N of the principal Regulations (determination of questions and appeals) shall apply in relation to rights and liabilities arising by virtue of these Regulations as they apply in relation to rights and liabilities under the principal Regulations.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
6th December 1993


text:
Citation and commencement
1
1
This Order may be cited as the Bexley and Greenwich (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Orderany reference to Bexley or Greenwich is a reference to the London borough of that name;
“the map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Bexley and Greenwich (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
and any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers from Bexley to Greenwich
3
Each area which is marked as shown in colum 1 of the following Table on the map indicated in column 2 shall be transferred from Bexley, and from the ward named in column 3 to Greenwich, to the ward named in column 4, to the Greenwich (South Eastern Division) petty sessional division and to the Inner South London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Bexley, and from the following ward To Greenwich, and to the following ward
A 3 Blackfen Avery Hill A 5 East Wickham Slade
A, C, E and G
C & E
2
3
Lamorbey Avery Hill B & E 1 Sidcup West New Eltham
Transfers from Greenwich to Bexley
4
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greenwich, and from the ward named in column 3 to Bexley, to the ward named in column 4, to the Bexley petty sessional division, and to the Southern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from Greenwich, and from the following ward To Bexley, and to the following ward —
B, D, F, H and J
D and F
2
3
Avery Hill Lamorbey A 4 Deansfield Falconwood B 4 Eltham Park Falconwood A, C and D 1 New Eltham Sidcup West B 5 Slade East Wickham
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
16th April 1993


text:
Citation
1
This Order may be cited as the Education Act 1993 (Commencement No.2 and Transitional Provisions) Order 1993.
Interpretation
2
In this Order —
“ the Act ” means the Education Act 1993; and
“the 1988 Act ” means the Education Reform Act 1988 .
Commencement of section 24 of the Act.
3
Section 24 of the Act shall come into force on 9th December 1993.
Commencement and transitional provisions relating to other provisions of the Act.
4
The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st January 1994; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.
5
Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with the provisions brought into force by Article 4 of, and Schedule 1 to, this Order.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable by reason of enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Kent that the new trunk road is open for through traffic.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered MSE A259/15B/65/2/1, marked “The A259 Trunk Road Brookland Diversion Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the Folkestone — Honiton Trunk Road (A259).
6
This Order shall come into force on 20th August 1993 and may be cited as the A259 Trunk Road Brookland Diversion Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Regional
Department of Transport
27th July 1993


text:
1
This Order may be cited as the Agriculture Act 1993 (Specification of Year) (Potato Target Area) Order 1993, and shall come into force on 9th August 1993.
2
The year 1993 is hereby specified for the purposes of section 59(1) of the Agriculture Act 1993.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th August 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
3rd August 1993
John Redwood
Secretary of State for Wales
3rd August 1993


text:
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Boards (Membership and Procedure) (No. 2) Amendment Regulations 1993 and shall come into force on 26th July 1993.
2
In these Regulations “the principal Regulations ” means the Health Boards (Membership and Procedure) (No.2) Regulations 1991 .
Amendment to the principal Regulations
2
In regulation 5 of the principal Regulations (Resignation and removal of members) there is inserted after paragraph (4) the following paragraph:–
5
If the Secretary of State considers that it is not in the interests of the health service that a member of a Board should continue to hold that office he may forthwith terminate his appointment.
.
Application of Regulations
3
These Regulations shall not apply except in relation to a member of a Board who is appointed on or after the coming into force of these Regulations.
Fraser of Carmyllie
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
24th June 1993