text:
Title and commencement
1
1
This Order may be cited as the St.Ives Harbour Revision Order 1993 and shall come into force on 27th September 1993.
2
The St.Ives Harbour Act 1853 , the St.Ives Harbour Order 1862 , the St.Ives Harbour Order 1886 , the St.Ives Harbour Order 1888 , the St Ives Harbour Revision Order 1980 and this Order may be cited together as the St. Ives Harbour Act and Orders 1853 to 1993.
Interpretation
2
In this Order, unless the context otherwise requires, —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“ the Council ” means the Penwith District Council;
“the deposited plan” and the “deposited sections” mean the plan and sections prepared in triplicate, signed by an Assistant Secretary of the Ministry of Agriculture, Fisheries and Food and marked “Plan and sections referred to in the St.Ives Harbour Revision Order 1993” of which one copy is deposited at the Ministry of Agriculture, Fisheries and Food, one copy at the Department of Transport and one copy at the offices of the Council;
“enactment” means any enactment, whether public, general or local, and includes any Order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the harbour” means the harbour of St.Ives within the limits described in article 12 of the St.Ives Harbour Order 1886 and includes any land or property within those limits belonging to the Council;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the harbour undertaking of the Council as from time to time authorised by any enactment;
“the works” means the works authorised by article 4 (Power to construct works) and described in article 5 (Description of works) of this Order or either of them and any works constructed under article 7 (Subsidiary works) of this Order or any part of the said works and includes those works as renewed, extended, enlarged, altered or otherwise as provided under article 8 (Alteration and improvement of works) of this Order.
Incorporation of provisions of the Act of 1847
3
1
The provisions of the Act of 1847 (except sections 6 to 13, 16 to 19, 23, 25, 27, 31 to 33, 48, 49, 50, 66, 67, 79 to 82, 84 to 90, 94, 95, 97 to 99, 101 and 102) are hereby incorporated with this Order, except as expressly varied hereby, and in construing those provisions:
a
the expression “the special Act” shall mean this Order and the expression “the undertakers” shall mean the Council;
b
section 15 of the Act of 1847 as incorporated with this Order shall have effect as if the words from “shall forfeit” to the end of the section were deleted and there were substituted therefor the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
c
section 20 of the Act of 1847 as incorporated with this Order shall have effect as if the words “in addition to the lands authorised to be compulsorily taken by them under the powers of the special Act” were omitted and as if the words “or lease” were inserted after the words “willing to sell” and the words “for the purchase”;
d
section 52 of the Act of 1847 in its application to the harbour and the harbour master shall empower the harbour master to give directions prohibiting the mooring of vessels in any particular part or parts of the harbour;
e
section 53 of the Act of 1847 shall not be construed as requiring the harbour master to serve a notice in writing of his directions upon the master of a vessel but such directions may be given orally or otherwise communicated to such master;
f
section 63 of the Act of 1847 shall be read and have effect as if for the words from “to a penalty” to the end of the section there were substituted the words “on summary conviction to a fine not exceeding level 3 on the standard scale”;
g
section 69 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
2
a
For the purposes of section 83 of the Act of 1847 as incorporated with this Order sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in section 236(1) of the said Act of 1972, and
i
for the purposes of section 236(11) of the said Act of 1972 the confirming authority for byelaws as made under the said section 83 shall be the Minister, and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs in the subsection the words “with or without modification” were inserted.
b
If the Minister, on considering byelaws made by the Council and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make any modification to them, he shall inform the Council and require the Council to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws without the consent of the Council to the modification and until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the modification by the persons who have been informed of it.
Power to construct works
4
Subject to the provisions of this Order, the Council may, in the lines and situations shown on the deposited plan and on the levels shown on the deposited sections, when they have acquired the necessary lands or obtained sufficient interests therein and within the limits of deviation, construct and maintain the works.
Description of works
5
1
The works authorised by this Order are the following works in the Parish of St.Ives in the District of Penwith in the County of CornwallWork No.1. A boathouse and public toilets to the south of West Pier to be constructed on land forming part of the Pier to be reclaimed and filled in for that purpose extending for 24 metres to the south of the Pier with a width of 18 metres or thereabouts.
Work No.2. A launchway to the east of Wharf Road and extending for 56 metres into the bed and foreshore of the harbour, the breadth of the launchway being 13 metres or thereabouts.
2
The works shall for all purposes form part of the undertaking.
Powers to cease in certain events
6
1
If the works are not substantially commenced within ten years from the coming into force of this Order the powers conferred on the Council by article 4 (Power to construct works) of this Order shall cease.
2
If the execution of any of the works after having been substantially commenced is suspended or virtually suspended for twelve consecutive months the said powers in respect of that work shall cease.
3
A certificate of the Minister to the effect that the works have not been substantially commenced, or that the works, having been substantially commenced, have been suspended or virtually suspended for twelve consecutive months, shall for the purposes of this article be conclusive evidence of the facts stated in such certificate.
Subsidiary works
7
1
Subject to the provisions of this Order the Council may from time to time erect, construct, operate, maintain and temporarily or permanently repair all such works and conveniences as in the opinion of the Council may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works including —
a
the reconstruction of the existing quay wall to accommodate the Boathouse (Work No.1), and
b
new kerbing and pathways and making good existing kerbing and pathways in connection with the launchway (Work No.2),
but no such permanent works or conveniences shall be erected or constructed outside the limits of deviation.
2
On the completion of the works the Council shall remove all temporary works placed by them under the powers of this article on, under or over land below the level of high water.
Alteration and improvement of works
8
Subject to the provisions of this Order, the Council may from time to time maintain, renew, extend, enlarge, improve and alter the works but nothing in this article shall authorise the Council to deviate laterally beyond the limits of deviation authorised by article 10 (Power to deviate) of this Order.
Power to dredge
9
1
Subject to the provisions of this Order the Council may from time to time deepen, dredge, scour, cleanse, alter and improve the harbour for the purpose of affording uninterrupted means of access to the works or the accommodation of vessels thereat.
2
Subject to sub-paragraph (3) below, the Council may use, appropriate or dispose of any material (other than a wreck within the meaning of Part IX of the Merchant Shipping Act 1894) from time to time dredged by them from the harbour.
3
No materials of the kind described in sub-paragraph (2) above shall be deposited below the level of high water otherwise than in such a position and under such conditions or restrictions as may be approved or prescribed by the Minister, and nothing in section 73 of the Act of 1847, as incorporated with this Order, shall apply to any deposit in accordance with this sub-paragraph.
Power to deviate
10
Subject to the provisions of this Order, the Council in constructing the works may deviate laterally from the lines or situations thereof shown on the deposited plan to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the works shown on the deposited sections upwards or downwards to any extent.
Fine for obstruction or for interference with demarcation of works
11
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
12
1
A tidal work shall not be erected, constructed, renewed, extended, enlarged, improved or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is erected, constructed, renewed, extended, enlarged or altered in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition and if, on the expiration of thirty days from the date when the notice is served upon the Council, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Provision against danger to navigation
13
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Council shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
Subject to the provisions of article 18 (Defence of due diligence) of this Order, if the Council fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
14
1
Where a tidal work is abandoned, or allowed to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work, or any part thereof, or to remove the works and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work authorised by this Order and consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or allowed to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of thirty days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Council.
Survey of tidal works
15
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work constucted by the Council or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council.
Lights on tidal works during construction
16
1
The Council shall at or near a tidal work during the whole time of the erection, construction, renewal, extension, enlargement, improvement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
2
Subject to the provisions of article 18 (Defence of due diligence) of this Order, if the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
17
1
After the completion of a tidal work, the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
Subject to the provisions of article 18 (Defence of due diligence) of this Order, if the Council fail to comply in any respect with a direction given under this article they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Defence of due diligence
18
1
In any proceedings for an offence under articles 13, 16 and 17 of this Order (as the case may be), it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence made under paragraph (1) of this article involves an allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without the leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, they have served on the prosecutor a notice in writing giving such information as was then in their possession identifying or assisting in the identification of that other person.
Power to Lease etc.
19
The Council may lease or grant for harbour purposes the use or occupation of, or any right of interest in, or over, any lands, works, buildings, equipment or other property forming part of the works for such period or periods and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Protection of South West Water Services Limited
20
1
The provisions of this article shall have effect for the protection of South West Water Services Limited (in this article referred to as “the company”), unless otherwise agreed in writing between the Council and the company.
2
a
Before commencing the construction of any specified work which may adversely affect any apparatus the Council at their own expense shall secure, subject to the consent of the National Rivers Authority, the removal, relocation, alteration or improvement of any apparatus to the satisfaction of the company;
b
any works carried out by the Council under sub-paragraph (a) above shall be carried out to the reasonable satisfaction of the company in accordance with plans approved by them under paragraph (3) below;
c
the Council and the company may agree that any such works shall be carried out by the company at the expense of the Council.
3
a
Subject to sub-paragraph (b) below, before commencing the construction of any specified work the Council shall submit plans of such work to the company for their approval, which shall not be unreasonably withheld, and shall not commence such construction until such plans have been approved by the company;
b
if the company do not within 56 days after the receipt of any such plans (or such shorter period as may be agreed by the company having regard to prior consultation as to the plans) signify to the Council their disapproval, and the grounds for their disapproval, of such plans they shall be deemed to have approved them;
c
in the case of any specified work carried out in an emergency the Council shall not be required to submit plans before commencing that work but shall give to the company such notice and such particulars as may be practicable in the circumstances before the work is commenced, with further particulars and plans as soon as reasonably practicable thereafter; and
d
the Council shall indemnify the company against all costs, charges and expenses which the company may reasonably incur or have to pay or which they may sustain in the examination or approval of plans.
4
Upon signifying their approval of the plans of any specified work, or considering notice of any specified work carried out in an emergency, the company may specify any steps which shall be taken by the Council in the carrying out of the work, being steps reasonably required for the protection of any apparatus and for ensuring access by the company to such apparatus, having regard to any removal, relocation, alteration or improvement carried out under paragraph (2) above.
5
a
Subject to the provisions of this article, a specified work shall not be constructed except in accordance with such plans as may be approved or deemed to be approved or settled under paragraph (3) above and in accordance with any requirement made by the company under paragraph (4) above or settled by arbitration and shall be constructed in accordance with those plans and any such requirements to the reasonable satisfaction of the company who shall be given reasonable notice of the date and time on and at which the work is to be commenced; and
b
the Council shall at all reasonable times afford to the company and their duly authorised representatives access to such specified work for the purpose of inspection.
6
If by reason of the carrying out by the Council of any specified works any apparatus is damaged or its efficiency for sewerage or water supply purposes is impaired, and the company take such steps as are reasonable —
a
to make good the apparatus and restore it to its former standard of efficiency; or
b
where necessary, to construct some other work in substitution for the apparatus,
they may recover from the Council the reasonable cost of so doing and any such cost of executing works needed for remedying any subsidence of the substituted work during such reasonable period as may be agreed between the Council and the company.
7
If the company have reasonable grounds for believing that the apparatus is likely to be damaged or the efficiency of the apparatus for sewerage or water supply purposes is likely to be impaired by reason of the carrying out by the Council of any specified works,they may carry out such protective works as may be agreed between them and the Councilor as, failing agreement, may be settled by arbitration in accordance with paragraph (13) below, and recover the reasonable cost of such works from the Council.
8
If, in consequence of the construction of the specified works or any dredging in the harbour, the operation of any outfall or sewer is impaired or adversely affected by reason of siltation or scouring, the Council shall carry out such dredging or other works as maybe required to secure the effective discharge of effluent and, if they fail to do so within such time as may reasonably be required for the purpose after notice in writing from the company, the company may carry out any necessary work and recover from the Council all costs reasonably incurred by them in so doing.
9
The Council shall repay to the company any additional expenditure reasonably incurred by the company in respect of the maintenance or operation of any apparatus affected by the exercise of the powers of this Order and they may comply with the requirements of this paragraph by making a payment of a sum to be agreed or, failing agreement, settled by arbitration in accordance with paragraph (13) below.
10
a
Subject to sub-paragraph (b) below the Council shall indemnify and hold harmless the company from all claims, demands or expenses which may be made on or against them or which they may have to pay by reason or in consequence of any injury or damage to any apparatus which may be caused by or result from the construction of any specified work or of the failure or want of repair of any apparatus or any act of omission of the Council, their contractors, agents, workmen or servants whilst engaged upon the work or upon any dredging in the harbour;
b
the company shall give to the Council reasonable notice of any such claim or demand and no settlement or compromise of such claim or demand shall be made without the agreement of the Council.
11
The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the company or to their satisfaction or in accordance with any directions or award of any arbitrator shall not relieve the Council from any liability under the provisions of this article.
12
Costs recoverable by the company from the Council under this section may include a proper proportion of the overhead charges of the company.
13
Any difference arising between the Council and the company under this article (other than a difference as to the construction of this article) shall be determined by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
14
In this article —
“apparatus” means any sewers, mains, pipes or other apparatus vested in the company or under their management and control;
“construction” includes execution and placing, extension, enlargement, alteration, replacement or re-laying and “construct” and “constructed”shall be construed accordingly;
“plans” includes descriptions, drawings and particulars;
“specified work” means any of the works which will or may be situated within 15 metres measured in any direction of any apparatus or which may otherwise affect any apparatus.
Crown rights
21
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown (including, without prejudice to the general law concerning the applicability of statutes to the Duchy of Cornwall, the Duchy of Cornwall), and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise the Council to take, use, enter upon or in any manner interfere with any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary)
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to or enjoyed by the Duchy of Cornwall or the possessor for the time being of the Duchy without the consent in writing of two or more of such of the regular officers of the said Duchy or of such other persons as may be duly authorised under section 39 of the Duchy of Cornwall Management Act 1863 or, as the case may be, the consent of the Duke of Cornwall testified in writing under the seal of the said Duchy; or
c
belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, without the consent in writing of that Government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Saving for Trinity House
22
Nothing in this Order shall prejudice or derogate from any of the rights or privileges or the jurisdiction or authority of Trinity House.
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
6th September 1993.


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City Hospitals Sunderland 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 City Hospitals Sunderland 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 City Hospitals Sunderland 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 associated services provided at Sunderland District General Hospital, Kayll Road, Sunderland SR4 7TP.
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 Sunderland 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 Sunderland 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 Sunderland 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:
Title and commencement
1
This order may be cited as the Children (Allocation of Proceedings) (Amend-ment) Order 1993 and shall come into force on 5th April 1993.
2
The Children (Allocation of Proceedings) Order 1991 shall be amended in accordance with the following provisions of this Order and, in those provisions, a reference to an article by number alone shall be construed as a reference to an article so numbered in the said Order of 1991.
Child Support Act 1991
3
In article 3, at the end of paragraph (1) there shall be inserted the following:
s
section 27(1) of the Child Support Act 1991 (declaration of parentage);
t
section 20 of the Child Support Act 1991 (appeals) where the proceedings are to be dealt with in accordance with the Child Support Appeals (Jurisdiction of Courts) Order 1993 .
.
4
In article 6, 10, 12 and 13–
a
after the number of the article there shall be inserted “(1)”;
b
for the words “under the Act or under the Adoption Act 1976” there shall be substituted the words “to which this article applies”; and
c
at the end there shall be inserted the following:–
2
This article applies to proceedings–
a
under the Act;
b
under the Adoption Act 1976 ;
c
of the kind mentioned in sub-paragraph (s) or (t) of article 3(1).
.
Miscellaneous amendments
5
In articles 3(3) and 4(1), for the words “made to” there shall be substituted the words “commenced in”.
6
In article 4(4), for the word “made” there shall be substituted the word “commenced”.
7
In articles 14 and 18(1), for the words “commenced in” wherever they appear there shall be substituted the words “made to”.
8
In article 20, for the word “commenced” there shall be substituted the words “made to”.
Mackay of Clashfern, C
Dated 3rd March 1993


text:
1
1
The Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1993 and shall come into force on 27th August 1993.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations, a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1989 .
2
In paragraphs (3) and (4) of regulation 11 of the principal Regulations, for the sum “£1,105” there shall be substituted the sum “£1,125” in each place where it appears.
3
1
In paragraph 3 of Schedule 1 to the principal Regulations (computation of income) —
a
at the end of sub-paragraph (n) the word “or” shall be deleted;
b
at the end of sub-paragraph (o) the word “or” shall be inserted;
c
after sub-paragraph (o) there shall be inserted the following sub-paragraph —
p
in pursuance of section 59 of and Schedule 10 to the Finance ( No. 2) Act 1992 (relief for letting furnished accommodation in owner occupied homes)
.
2
In paragraph 4 of that Schedule, for the words “pursuant to a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958” there shall be substituted the words “pursuant to regulations made under section 57A of the Adoption Act 1976 ”, and for the words “pursuant to section 34(6) of the Children Act 1975” there shall be substituted the words “under paragraph 15 of Schedule 1 to the Children Act 1989 , any assistance given by a local authority in cash under paragraph 5 of Schedule 2 to that Act and any payment made by a local authority under paragraph 16 of that Schedule”.
3
In paragraph 5(3)(a) of that Schedule, after the words “(whether in the United Kingdom or elsewhere)” there shall be inserted the words “under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 ”.
4
1
In Paragraph 1 of Schedule 2 to the Principal Regulations (scales of remission), for the sum “£9,056” there shall be substituted the sum “£9,225”.
2
For the Table in paragraph 2 of that Schedule there shall be substituted the following Table —
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils
That part which exceeds £9,059 but does not exceed £9,850 9% 6.75% 5.25% That part (if any) which exceeds £9,850 but does not exceed £10,655 12% 9% 7% That part (if any) which exceeds £10,655 but does not exceed £12,250 15% 11.25% 8.75% That part (if any) which exceeds £12,250 but does not exceed £14,707 21% 15.75% 12.25% That part (if any) which exceeds £14,707 but does not exceed £17,912 24% 18% 14% That part (if any) which exceeds £17,912 33% 24.75% 19.25%
Emily M. Blatch
Minister of State,
Department of Education
27th July 1993
John Redwood
Secretary of State for Wales
27th July 1993


text:
Citation and interpretation
1
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 13) Order 1993.
2
In this Order “the 1990 Act ” means the Environmental Protection Act 1990.
Provisions coming into force on 18th February 1993
2
1
The following provisions of the 1990 Act shall come into force on 18th February 1993 —
section 35(1);
section 36(1);
section 39(3);
section 40(3);
section 41(2), (4) and (5);
section 43(8);
section 54(14);
section 63(1);
section 64(1), (4) and (8);
section 74(6);
section 144 insofar as it relates to paragraphs 11 and 12 of Schedule 13, Part II;
section 162(1) insofar as it relates to paragraph 21 of Schedule 15;
section 162(2) insofar as it relates to the following repeals in Schedule 16 —
in Part VII, the repeals relating to the Town and Country Planning (Scotland) Act 1972 ;
in Part IX, the repeals relating to the Criminal Justice Act 1982 and the Criminal Justice Act 1988 .
2
The following provisions of the 1990 Act shall come into force on 18th February 1993 but only insofar as they enable the Secretary of State to give directions —
section 37(3);
section 38(7);
section 42(8);
section 65(2); and
section 66(7).
Provisions coming into force on 1st May 1993
3
The following provisions of the 1990 Act shall come into force on 1st May 1993 —
section 144 insofar as it relates to paragraph 13 of Schedule 13, Part II; and
section 162(2) insofar as it relates to the repeal in the Housing and Planning Act 1986 detailed in Schedule 16, Part VII.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
15th February 1993


text:
Title and commencement
1
These Regulations may be cited as the Egg Products Regulations 1993 and shall come into force on 14th July 1993.
Interpretation and application
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“appropriate Minister” means as respects England, the Minister of Agriculture, Fisheries and Food, and as respects Scotland or Wales, the Secretary of State;
“approval” means, in relation to an establishment, an approval granted by a food authority under regulation 5(2);
“approved”, in relation to an establishment, means an establishment approved by the food authority for the area in which it is situated;
“batch” means a quantity of egg products which have been prepared under the same conditions and in particular treated in a single continuous operation;
“cracked eggs” means eggs with a damaged but unbroken shell, with intact membranes;
“egg” means an egg laid by a hen, duck, goose, turkey, guinea fowl or quail;
“egg products” means products obtained from eggs, their various components or mixtures thereof, after removal of the shell and outer membranes, intended for human consumption, and includes such products when partially supplemented by other foodstuffs and additives and such products when liquid, concentrated, crystallised, frozen, quick-frozen, coagulated or dried, but does not include finished foodstuffs;
“egg products establishment” means any establishment at which egg products are treated, handled or obtained for the purpose of sale for human consumption;
“food authority” means —
in relation to England and Wales —
as respects each district or London borough, the council of that district or borough;
as respects the City of London (including the Temples), the Common Council;
as respects the Inner Temple or the Middle Temple, the appropriate Treasurer; and
in relation to Scotland, the islands or district council,
and in relation to England and Wales includes a port health authority;
“handling” includes manufacturing, preparing, processing, packaging, wrapping or re-wrappping;
“incubated eggs” means eggs from the time of insertion in the incubator as defined in Council Regulation 1907/90/ EEC as amended on certain marketing standards for eggs;
“occupier” means in relation to any person carrying on a business as a manufacturer of egg products, that person or his duly authorised representative;
“sell” includes offer, handle, or expose, or have in possession for sale or supply in the course of a business;
“supply” means supply otherwise than by sale;
“whole egg” means a mixture of yolk and albumen.
2
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 36 (offences by bodies corporate);
i
section 44 (protection of officers acting in good faith).
3
Section 8(3) (which makes presumptions in the case of batches of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
4
Section 9 (inspection and seizure of suspected food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
5
Section 34 (which relates to time limits for the commencement of prosecutions) of the Act shall apply in relation to offences under these Regulations as it applies to offences punishable under section 35(2) of the Act.
6
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Preparation requirements for egg products
3
1
Subject to paragraph (4) below, no person shall sell for human consumption, or use in the preparation of food intended for sale for human consumption, any egg products which are a mixture of egg products obtained from more than one species.
2
Subject to paragraph (3) and (4) below, no person shall sell for human consumption, or use in the preparation of food intended for sale for human consumption, any egg products unless those egg products comply with the requirements specified in Schedule 1 as read with Schedules 2, 3, 4, 5 and 6.
3
Notwithstanding paragraph (2) above, any egg products which have been prepared in another Member State shall not have to comply with the requirements in Part II of Schedule 2.
4
Notwithstanding paragraphs (1) and (2) above, egg products —
a
obtained from eggs of ducks, geese, turkeys, guinea fowl, quail or graded A under Council Regulation 1907/90/EEC as amended , or
b
obtained from eggs containing no crack visible to the naked eye without candling and made into egg products at the farm where those eggs were produced,
may be used in the preparation of food intended for sale for human consumption if —
i
they are so used at the establishment where they were obtained, whether or not the food is consumed at that establishment, and
ii
they comply with the requirements of paragraphs 1, 2(a), 3 and 4 of Schedule 1.
5
No person shall on or after 14th October 1993 sell for human consumption, or use in the preparation of food intended for sale for human consumption, any egg products unless —
a
in the case of egg products prepared in Great Britain, they were prepared in an approved establishment in accordance with regulation 5; or
b
in the case of egg products from another part of the Economic Community, they were prepared in an establishment which has been approved in accordance with Article 6 of Council Directive 89/437/EEC as amended on hygiene and health problems affecting the production and placing on the market of egg products.
Records
4
Any person applying heat treatment to egg products shall–
a
keep accurate records of the results of each test or process carried out by him as specified in Schedule 2 or 3, or in Parts II, III , IV , V or VI of Schedule 4;
b
retain such records for a period of not less than two years from the date of the test or process to which the record relates;
c
produce such records on request to the appropriate food authority.
Approved establishments
5
1
No person shall on or after 14th October 1993 manufacture any egg products or (except in the circumstances referred to in regulation 3(4)) apply heat treatment to any egg products for the purpose of sale for human consumption otherwise than in an establishment approved for the purposes of these Regulations by the food authority and which complies with the appropriate requirements of Schedules 1 and 8.
2
The food authority on application made to it under this regulation shall issue an approval if it is satisfied that the egg products establishment complies with the requirements of these Regulations.
3
Each application for an approval of an egg products establishment shall be made in writing under this regulation to the food authority by the owner or occupier of, or a person proposing to occupy the establishment to which the application relates.
4
The application for the purposes of paragraph (3) above shall contain such information as the food authority may require.
5
Each food authority shall after an inspection of the egg products establishment consider each application for the approval of any establishment for the purposes of these Regulations and shall approve it only if satisfied that its arrangements at the establishment are such that —
a
the storage at and transport from such establishment of egg products will comply with Schedules 5 and 6;
b
the requirements of Schedule 8 will not be contravened;
c
the packaging of egg products will comply with Schedule 9;
d
the marking of egg products from such establishment will comply with Schedule 10.
6
The food authority shall, not later than 28 days after receipt of the application referred to in paragraph (3) above, notify the applicant in writing of its decision on each application for an approval under this regulation and of the reasons for any refusal to approve such egg products establishment.
7
Any approval granted in respect of any egg products establishment under this regulation shall be subject to the condition that any alteration to the establishment shall comply, if appropriate, with the requirements of Schedules 1, 5 and 8.
8
Any person who is aggrieved by the decision of a food authority not to grant an approval or by the imposition of specified conditions, may appeal against that decision in accordance with the provisions of section 37(3) to (6) inclusive of the Act.
9
The food authority shall allot an approval number to each egg products establishment it approves for the purposes of these Regulations.
10
Without prejudice to sections 9 to 12 of the Act, where the food authority has refused an approval under this regulation, a person who prior to the commencement of these Regulations, immediately before such refusal had been using an establishment for the handling of egg products, may continue to use it for that purpose, subject to any reasonable conditions imposed by the food authority for the protection of public health, until the time for appeal has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
Revocation of approvals
6
1
The appropriate Minister may revoke an approval granted under regulation 5 in respect of any egg products establishment if, after an inspection of, or an inquiry into, the method of operation of the establishment he is satisfied in respect of the establishment–
a
that any of the requirements of these Regulations is no longer being complied with;
b
that any of the requirements of these Regulations has not been complied with and no action has been taken to ensure that a similar breach does not occur in future; or
c
that any condition of the approval in accordance with regulation 5(7) has not been complied with.
2
The appropriate Minister shall forthwith notify the owner or occupier in writing of his decision under paragraph (1) above to revoke any approval granted under these Regulations, in respect of any egg products establishment, of the date on which the revocation is to take effect and of the reasons for such revocation and the procedure in respect of any appeal against such revocation shall be that set out in regulation 5(8).
Movement between approved establishments
7
1
No person shall despatch a container of non-pasteurised egg products from an approved establishment for treatment at another approved establishment unless he ensures that —
a
as soon as the egg products have been obtained after breaking the eggs they shall be stored deep frozen or chilled in accordance with Schedule 5, and
b
the egg products comply with the requirements specified in Schedule 1, other than paragraphs 6, 7, 8 and 15, and with the transport requirements specified in Schedule 6.
2
For the purposes of these Regulations non-pasteurised egg products which satisfy the conditions specified in sub-paragraphs (1)(a) and (b) above shall be deemed to comply with the requirements in paragraphs 6, 7, 8 and 15 of Schedule 1.
3
Notwithstanding the marking provisions specified in Schedule 10, no person shall despatch a container of non-pasteurised egg products from an approved establishment for treatment at another approved establishment unless he ensures that the container is labelled with the following information —
a
the words “non-pasteurised egg products”;
b
the words “to be treated at X” where X is the place of destination;
c
the date and time of breaking of eggs from which the egg products were made.
4
Any person who receives from an approved establishment a container of non-pasteurised egg products which has been chilled in accordance with Schedule 5 shall treat such chilled egg products at the approved establishment of destination within 48 hours following the day of the breaking of the eggs from which the egg products were obtained.
Supervision by the food authority
8
1
The food authority shall be responsible for the supervision of those establishments approved by it in accordance with regulation 5.
2
The food authority shall in relation to an approved establishment take any supervision measures considered necessary to ensure that manufacturers of egg products comply with these Regulations and the provisions specified in Schedule 7.
Penalties and enforcement
9
1
If any person contravenes or fails to comply with any of the provisions of regulations 3(1), (2), (3) and (5), 4, 5(1) or 7(1), (3) and (4), he shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale in the case of regulations 3, 4(a), (b) and (c), 5 and 7;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both in the case of regulations 3, 5 and 7 and to a fine in the case of regulation 4(a).
2
Each food authority shall enforce and execute the provisions of these Regulations in its area.
Revocations and transitional provisions
10
1
The Regulations specified in columns 1 and 2 of Schedule 11 to these Regulations are revoked to the extent specified in relation thereto in column 3 of that Schedule as from 14th October 1993.
2
No proceedings shall be instituted in the period between the date these Regulations come into force and 14th October 1993 in respect of any act which is alleged to constitute a contravention of the regulations specified in Schedule 11 where any such act is in compliance with the relevant provisions of these Regulations were they in force.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheriesand Food
10th June 1993.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
8th June 1993
John Redwood
Secretary of State for Wales
10th June 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th June 1993


text:
1
These Regulations may be cited as the Value Added Tax (Accounting and Records) (Amendment) Regulations 1993 and shall come into force on 17th March 1993.
2
In regulation 5(3) of the Value Added Tax (Accounting and Records) Regulations 1989 , for “£1000” there shall be substituted “£2000”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON SE1 9PJ
16th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dundee Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Dundee 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 Dundee Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as Ashludie Hospital, Monifieth and Royal Victoria Hospital, Royal Dundee Liff Hospital, Strathmartine Hospital, Dudhope House Hospital, Hawkhill Day Hospital, Menzieshill Day Hospital, Roseangle Day Hospital and Threshold Day Hospital, all in Dundee and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Tayside Health Board 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 Tayside Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Tayside Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State Scottish Office
St Andrew’s House,
Edinburgh
25th November 1993


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No.6) Order 1993 and shall come into force on 1st January 1994.
2
The Export of Goods (Control) Order 1992 shall be further amended as follows —
a
in Schedule 2 “the Czech Republic” and “the Slovak Republic” shall be deleted.
M.V. Coolican
An Assistant Secretary,
Department of Trade and Industry
31st December 1993


text:
Title and commencement
1
These Regulations may be cited as the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1993 and shall come into force on 22nd November 1993.
Amendment
2
The Seeds (Registration, Licencing and Enforcement) Regulations 1985 shall be amended by deleting the words “Result of test for Pseudomonas syringae p.v.pisi infection” in Schedule 4 Part II (certificates of the results of tests of seeds) after the table relating to the results of tests for varietal purity.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
13th October 1993
John Redwood
Secretary of State for Wales
15th October


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes Order 1993 and shall come into force on 12th May 1993.
Variation of section 153(1) of the Environmental Protection Act 1990
2
The following is hereby added to section 153(1) of the Environmental Protection Act 1990 after paragraph (p) :
q
the grant programme known as the Environmental Action Fund;
r
the programmes or schemes of the United Nations Habitat and Human Settlements Foundation;
s
the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment;
t
the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;
u
the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity.
.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
5th April 1993


text:
1
These Regulations may be cited as the Dartford–Thurrock Crossing (Amend-ment) Regulations 1993 and shall come into force on 1st September 1993.
2
The Dartford–Thurrock Crossing Regulations 1989 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 5(1) in the table there set out in the third column headed “Charge”–
a
for “£34” wherever it occurs there shall be substituted “£35”; and
b
for “£157” wherever it occurs there shall be substituted “£160”.
4
In regulation 6(1) for “6th edition issued in 1991” there shall be substituted “7th edition issued in 1993” .
5
In regulation 12(1) in the table there set out–
a
in column (1) headed “Minimum Charge”–
i
for “£48” there shall be substituted “£49”, and
ii
for “£96” there shall be substituted “£98”;
b
in column (2) headed “Additional Charge” for “£31” there shall be substituted “£32”.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
2nd August 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Amendment) Regulations 1993 and shall come into force on 22nd March 1993.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Use and investment of superannuation fund’s moneys
2
Regulation P3 of the principal Regulations shall be amended —
a
by adding at the end of paragraph (2) the words
and
c
any contract the effecting of which constitutes the carrying on of insurance business within class VII in Schedule 1 to the Insurance Companies Act 1982 with a person who is permitted under that Act to carry on such business or, being an insurance company the head office of which is in a member State, is permitted under the law of a member State other than the United Kingdom to carry on insurance business of a corresponding class.
;
b
in paragraph (4)(b) —
i
by inserting after the words “a single holding” the words “except where paragraph (4A) applies”; and
ii
by substituting for the words “5%” and “20%” the words “10%” and “25%” respectively;
c
by adding at the end of paragraph (4) the words
or
e
make any contract falling within paragraph (2) (c) whereby the total amount so contracted exceeds 25% of the value at the time of all investments of fund moneys.
; and
d
by inserting after paragraph (4) the following paragraph —
4A
An administering authority may make an investment so as to result in more than 10% of the value at the time of all investments of fund moneys being represented by a single holding where —
a
the investment is made by an investment manager appointed under paragraph (5A); and
b
the single holding is comprised of investments in units or other shares of the investments subject to the trusts of any one unit trust scheme.
.
Fund solvency limits
3
Regulation P6 of the principal Regulations shall be amended —
a
in paragraph (2) by substituting for the words “that the fund is able to meet 75% of its existing and prospective liabilities” the words “its solvency”; and
b
in paragraph (3) by deleting sub-paragraph (b) and the word “and” immediately preceding it.
Standard rate of interest
4
1
Regulation P7 of the principal Regulations shall be amended by inserting after paragraph (4) the following paragraphs —
5
In paragraph (3) above, “the standard rate” means the rate 1% above either the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence at that time;
6
For the purposes of paragraph (5) above —
a
the reference banks are the seven largest institutions for the time being which —
i
are authorised by the Bank of England under the Banking Act 1987;
ii
are incorporated in and carrying on a deposit-taking business within the United Kingdom; and
iii
quote a base rate in sterling;
b
the size of an institution for the time being is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before that time;
c
a “deposit-taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act; and
d
“consolidated gross assets” of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985).
.
2
Schedule 1 to the principal Regulations shall be amended by substituting for the definition of the expression “standard rate” the following —
The meaning given by regulation P7(5).
.
Michael Howard
Secretary of State for the Environment
22nd February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Scottish National Hospital and Community 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 Royal Scottish National Hospital and Community 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:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Ynys Môn) Designation (Amendment) Order 1993 and shall come into force on 1st November 1993.
Amendment of the Environmentally Sensitive Areas (Ynys Mo*n) Designation Order 1993
2
1
Article 6(3) of the Environmentally Sensitive Areas (Ynys Môn) Designation Order 1993 (rates of payment under agreement) shall be amended in accordance with paragraphs (2) and (3) below.
2
In sub–paragraph (c) the words “or coastal belt which includes heather” shall be deleted.
3
In sub–paragraph (e) the words “which does not include heather” shall be deleted.
John Redwood
Secretary of State for Wales
7th September 1993
We consent,
Timothy Kirkhope
28th September 1993
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
29th September 1993


text:
1
1
These Regulations may be cited as the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 and shall come into force on 1st September 1993.
2
In these Regulations, unless the context otherwise requires,
“ the Act ” means the Road Traffic Act 1991;
“ the Rules ” means the Distress for Rent Rules 1988 .
3
References in these Regulations to a rule or Appendix by number means the rule or Appendix so numbered in the Rules.
4
Expressions which are used in the Rules have the same meaning in these Regulations as they have in those Rules.
2
A bailiff who holds a general certificate granted under the Rules shall be deemed to be a certificated bailiff for the purposes of section 78 of the Act and a bailiff who does not hold a general certificate granted under the Rules but who wishes to be certificated for the purposes of section 78 of the Act shall apply for a general certificate.
3
1
Subject to the provisions of the Enforcement of Road Traffic Debts Order 1993 and of these Regulations, the Rules shall apply for the execution of warrants of execution by bailiffs under section 78 of the Act as those Rules apply for the levy of distress for rent.
2
References in the Rules to levying distress for rent shall include references to levying distress for the purposes of the Act.
3
References in the Rules to a tenant shall include references to the person against whose goods distress is levied for the purposes of the Act.
4
Rule 10 shall have effect as if for the reference to Appendix 1 there were substituted a reference to Schedule 1 to these Regulations.
5
Appendix 2 shall have effect as if for forms 7, 8 and 9 there were substituted the forms contained in Schedule 2 to these Regulations.
Mackay of Clashfern, C.
Dated 30th July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Hereford and Worcester and West Midlands (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1994 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 1995.
Interpretation
2
In this Order —
“district” includes a city;
“electoral division” means an electoral division of the county of Hereford and Worcester or of the county of West Midlands;
“Hereford and Worcester” means the county of Hereford and Worcester, and “Bromsgrove” means the district of Bromsgrove in that county;
“the map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the Hereford and Worcester and West Midlands (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“West Midlands” means the metropolitan county of West Midlands, and “Birmingham” means the city of Birmingham in that county; any reference to an area as “unparished” is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred.
Transfers from Hereford and Worcester (Bromsgrove) to West Midlands (Birmingham)
3
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 Hereford and Worcester, from Bromsgrove, and from the ward named in column 3 to —
a
West Midlands;
b
Birmingham;
c
the ward mentioned in column 4;
d
the Birmingham petty sessional division and the Birmingham coroner’s district and shall remain unparished.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from Hereford and Worcester, from Bromsgrove, and from following ward — To West Midlands, to Birmingham, and to the the following ward —
B1 & B2 1 Uffdown Bartley Green B3, B4 & B5 1 Uffdown Longbridge B6 1 Waseley Longbridge B7 3 Cofton Hackett Longbridge
2
The areas marked B1, B2, B3 and B4 on map 1 shall additionally transfer from the parish of Frankley, the area marked B5 on map 1 shall additionally transfer from the parish of Romsley and the area marked B7 on map 3 shall additionally transfer from the parish of Cofton Hackett.They shall become unparished.
Transfers from West Midlands (Birmingham) to Hereford and Worcester (Bromsgrove)
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 West Midlands, from Birmingham, and from the ward named in column 3 to —
a
Hereford and Worcester;
b
Bromsgrove;
c
the parish, ward and electoral division mentioned in column 4;
d
the Bromsgrove and Redditch petty sessional division and the North Eastern Hereford and Worcester coroner’s district.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from West Midlands, from Birmingham and from the following ward — To Hereford and Worcester, to Bromsgrove, and to the following parish, ward, and electoral division —
C1 & C3 1 Bartley Green
Frankley
Uffdown Ward
Uffdown Electoral Division
C2 2 Kings Norton
Alvechurch
Hopwood Ward
Alvechurch Electoral Division
Transfer within Hereford and Worcester (Bromsgrove)
5
The area marked A1 on map 1 shall be transferred from the parish of Romsley to the parish of Frankley.
Town and country planning
6
1
In this article, “provision” means a provision of a development plan (as defined in section 336 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
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
30th November 1993


text:
Citation and commencement
1
This Order may be cited as the Devon Ambulance Service National Health Service Trust Dissolution Order 1993 and shall come into force on 1st April 1993.
Dissolution of NHS Trust
2
The Devon Ambulance Service National Health Service Trust is hereby dissolved, and accordingly the Devon Ambulance Service National Health Service Trust (Establishment) Order 1991 is hereby revoked.
Virginia Bottomley
Secretary of State for Health
19th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Glamorgan Ambulance National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Mid Glamorgan Ambulance National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Mid Glamorgan Ambulance National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to manage ambulance and associated transport services;
b
to manage such other services (including communications and training) relating to the provision of care as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from Ambulance Headquarters, Church Village, Nr. Pontypridd, Mid Glamorgan CF8 1BS and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non–executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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
Mid Glamorgan 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
Mid Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be Mid Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
19th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pilgrim Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 Pilgrim Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Pilgrim Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Pilgrim Hospital, Sibsey Road, Boston, Lincolnshire PE21 9QS and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Lincolnshire 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 South Lincolnshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Lincolnshire 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
John Bowis
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chichester Priority Care Services 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 Chichester Priority Care Services 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 Chichester Priority Care Services 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 Graylingwell Hospital, College Lane, Chichester, West Sussex PO19 4PQ and associated hospitals;
b
to manage community health services provided from 9 College Lane, Chichester, West Sussex, PO19 4FX and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Chichester 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 Chichester 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 Chichester 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:
1
These Regulations may be cited as the Merchant Shipping (Pilot Ladders and Hoists) (Amendment) Regulations 1993 and shall come into force on 31st January 1994.
2
1
The Merchant Shipping (Pilot Ladders and Hoists) Regulations 1987 shall be amended as follows —
2
There shall be inserted after regulation 3 the following —
Post-1993 requirements
3A
1
In relation to any pilot ladder, accommodation ladder, hoist or associated equipment installed on a ship on or after 31st January 1994, these Regulations shall have effect subject to the amendments specified in the Schedule hereto.
2
In relation to any pilot ladder, accommodation ladder, hoist or associated equipment installed on a ship before 31st January 1994 but replaced or modified on the ship on or after that date, these Regulations shall so far as is reasonable and practicable have effect subject to the said amendments.
3
In relation to any arrangements for pilot transfer put in place or modified on or after 31st January 1994, these Regulations shall have effect subject to the said amendments.
3
Therre shall be added at the end the following Schedule —
SCHEDULE
POST-1993 REQUIREMENTS
Regulation 3A
1
At the end of regulation 6(d) there shall be added:
having means of communication with the navigating bridge and whose duties include arranging for the pilot to be escorted by a safe route to and from the navigating bridge.
.
2
After regulation 6(d) there shall be added the following sub-paragraph —
e
personnel engaged in rigging or operating any mechanical equipment are instructed in the safe procedures to be adopted and that the equipment is to be tested prior to each use.
.
3
In regulation 7(2)(a) for the first sentence there shall be substituted the following sentence:
Where an accommodation ladder is provided for the purposes of regulation 5(2) it shall be so sited that, where used in conjunction with a pilot ladder for embarking or disembarking pilots, officials and other persons, the lower end of the accommodation ladder rests firmly against the side of the ship and leading aft and, as far as is practicable, within the mid-ship half section, and clear of all discharges.
4
After sub-paragraph (b) of regulation 7(2) there shall be added the following sub-paragraphs —
c
The length of an accommodation ladder shall be sufficient to ensure that its angle of slope does not exceed 55 degrees.
d
The lower platform of an accommodation ladder shall be in a horizontal position when in use, and intermediate platforms, if fitted, shall be self-levelling.The treads and steps of an accommodation ladder shall be so designed that an adequate and safe foothold is given at the operative angles.
e
The ladder and platforms shall be equipped on both sides with stanchions and rigid handrails, or with tight and properly secured hand ropes.The vertical space between the handrail or handrope and the stringers of the ladder shall be securely fenced.
f
Lighting shall be provided at night such that the full length of an accommodation ladder is adequately lit.
g
If a trap door is fitted in a lower platform to allow access from and to the pilot ladder, the opening shall be not less than 750 millimetres by 750 millimetres and the after part of the lower platform shall also be fenced as specified in sub-paragraph (e) above.The pilot ladder shall extend above the lower platform to the height of the handrail.
.
5
In regulation 7(3) after the words “trim of the ship” there shall be inserted the words “and for an adverse list of 15 degrees”.
6
In regulation 7(4), for sub-paragraph (d) there shall be substituted the following sub-paragraph:
d
be not less than 400 millimetres between the side ropes, 115 millimetres wide and 25 millimetres in depth, excluding any non-slip device or grooving.
7
In regulation 7(6)(i) for the number “20”there shall be substituted the number “28”.
8
In regulation 7(8)(a) for the words “safe and convenient” there shall be substituted the words “safe, convenient and unobstructe”.
9
There shall be added to regulation 7(8) the following sub-paragraph:
d
Shipside doors used for pilot transfer shall not open outwards.
.
10
There shall be substituted for the first two sentences of regulation 8(1) the following —
A mechanical pilot hoist and its ancillary equipment shall be of a type approved by the Secretary of State.The pilot hoist shall be designed to operate as a moving ladder to lift and lower one person on the side of the ship, or as a platform to lift and lower one or more persons on the side of the ship.It shall be of such design and construction as to ensure that the pilot can be embarked and disembarked in a safe manner, including a safe access between the hoist and the deck.Such access shall be gained directly by a platform securely guarded by handrails.
11
In regulation 8(2) the words “and clear of all discharges” shall be added before the words “taking into consideration”.
12
In regulation 9(4)(c) there shall be inserted “or platform” after “a ladder”.
13
At the end of regulation 9(5)(i) there shall be added the following sentence: “A portable hoist shall be equipped with an interlock which prevents operation of the hoist when the hoist is not correctly installed.”.
14
In regulation 9(5)(j) for “30 metres” there shall be substituted “21 metres”.
15
There shall be added to regulation 9(5) the following sub-paragraph:
m
The hoist shall be capable of lifting, lowering and stopping when carrying 2.2 times its working load.
16
There shall be added to regulation 9(6) the following sub-paragraphs —
d
A minimum safety factor of six shall be applied to the falls.
e
The falls shall be so arranged that the ladder or lift platform remains level if one fall breaks.
.
17
In regulation 9(7)(b) for the first sentence (as far as “requirements”) there shall be substituted —
Below the rigid part mentioned in sub-paragraph (a) above, a section of flexible ladder comprising eight steps shall be secured by appropriate fittings and constructed in accordance with the following requirements —
18
In regulation 9(7)(d) for the words “be placed as close as practicable to” there shall be substituted the words “operate against”.
19
There shall be added to regulation 9(7) the following sub-paragraph —
e
The platform of a hoist designed to operate as a lift platform shall:
i
have a non-slip surface at least 750 millimetres by 750 millimetres exclusive of the surface area of any trap door in the floor;
ii
carry no more than one person per square metre of floor area or fraction thereof exclusive of the area of a trap door;
iii
have a trapdoor, if provided, at least 750 millimetres by 750 millimetres, so arranged that a pilot ladder may be rigged through the trapdoor extending above the platform to the height of the handrail;
iv
be enclosed by a guardrail a least one metre above the surface of the platform with at least two intermediate rails between the floor and the guard rail.The rails shall be set back from the edge of the platform at lest 50 millimetres and any gate in the rails shall have a latch which can keep the gate securely closed.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State
Department of Transport
21st December 1993


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1993 shall be amended as follows:
a
For Schedule 2 thereof there shall be substituted–
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
†
Excluding Shanwick FIR
Austria AIP Austria 61.94 1 ECU = 13.7310 Sch Belgium AIP Belgique 68.69 1 ECU = 40.2940 BF Cyprus AIP Cyprus 25.88 1 ECU = 0.582156 £Cy France AIP France (France Metropolitaine) 66.25 1 ECU = 6.64476 FF Germany AIP Germany 77.92 1 ECU = 1.95094 DM Greece AIP Greece 28.40 1 ECU = 266.971 Dra Hungary AIP Hungary 18.66 1 ECU = 107.520 Hf Ireland, Republic of AIP Ireland 26.46 1 ECU = 0.806562 £Ir Malta AIP Malta 38.81 1 ECU = 0.443779 Lm Netherlands AIP Netherlands 50.62 1 ECU = 2.19395 G Portugal AIP Portugal 39.59 Santa Maria FIR 11.16 1 ECU = 190.384 Esc Spain AIP Espana Madrid & Barcelona FIRS — 52.14 Canaries FIRS — 55.56 1 ECU = 153.043 Pts Switzerland AIP Switzerland 82.45 1 ECU = 1.72410 SF Turkey AIP Turkey 27.52 1 ECU = 12721.3 LT United Kingdom United Kingdom Air Pilot 87.15 1 ECU = £0.760394
b
For Schedule 3 thereof there shall be substituted–
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
ZONE I – between WO1400 and W11000 and North of N5500 with the exception of Iceland Frankfurt 1292.23 London 853.65 Paris 1132.07 Prestwick 447.08 ZONE II – between WO4000 and W11000 and N2800 and N5500 Abidjan 144.52 Amman 1684.23 Amsterdam 837.35 Athens 1229.04 Banjul 140.06 Barcelona 785.55 Basle 958.98 Belfast 196.35 Berlin 1130.86 Birmingham 477.14 Bordeaux 545.31 Bristol 477.16 Brussels 795.71 Bucharest 1699.32 Budapest 1449.49 Cairo 1408.10 Cardiff 321.42 Casablanca 339.15 Cologne–Bonn 998.05 Copenhagen 750.13 Dakar 139.95 Dublin 145.01 Düsseldorf 952.98 East Midlands 527.05 Frankfurt 1066.77 Geneva 952.24 Glasgow 290.18 Hamburg 887.47 Helsinki 497.92 Istanbul 1501.93 Jeddah 1594.81 Johannesburg 140.28 Kiev 1017.56 Lagos 140.73 Lamezia Terme 1213.93 Las Palmas (Canary Islands) 500.37 Leeds and Bradford 470.40 Lille 722.79 Lisbon 383.03 London 562.31 Luxembourg 930.49 Lyons 931.83 Maastricht 869.51 Madrid 569.26 Malaga 620.23 Manchester 432.57 Manston 635.81 Marseille 965.70 Milan 1033.91 Monrovia 140.06 Moscow 538.90 Munich 1254.44 Nantes 491.71 Naples 1072.56 Newcastle 452.16 Nice 973.98 Oporto 282.14 Oslo 555.89 Ostend 709.98 Paris 742.67 Ponta Delgada (Azores) 145.30 Prague 1280.03 Prestwick 290.18 Riyadh 1575.62 Rome 1124.25 Sal Island (Cape Verde) 139.95 Santa Maria (Azores) 155.46 Santiago 264.50 Shannon 100.55 Sofia 1541.83 Stockholm 555.89 Stuttgart 1090.03 Tel Aviv 1572.62 Tenerife 458.22 Timisoara 1699.32 Toulouse–Blagnac 711.82 Turin 1090.46 Venice 1315.89 Vienna 1476.57 Warsaw 892.83 Zürich 1105.84 ZONE III – West of W11000 and between N2800 and N5500 Amsterdam 949.63 Copenhagen 779.12 Düsseldorf 1039.53 Frankfurt 1090.71 Geneva 1300.72 Hamburg 707.89 London 800.79 Luxembourg 1143.09 Madrid 457.82 Manchester 633.91 Milan 1073.87 Munich 1515.09 Paris 931.01 Prestwick 399.15 Rome 1073.87 Shannon 95.79 Zürich 1380.99 ZONE IV – West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 812.88 Barcelona 895.34 Berlin 1008.70 Brussels 822.85 Cologne–Bonn 937.99 Copenhagen 792.12 Düsseldorf 957.47 Frankfurt 1056.93 Gothenburg 679.56 Hamburg 1008.17 Helsinki 492.40 Lisbon 438.04 London 604.48 Madrid 601.96 Manchester 400.37 Milan 970.56 Munich 1206.86 Oslo 498.50 Paris 683.55 Prague 1219.95 Rome 1110.03 Sal Island (Cape Verde) 91.40 Santa Maria (Azores) 156.35 Shannon 181.74 Stockholm 551.07 Vienna 1400.71 Zürich 1030.77 ZONE V – West of W04000 and between the equator and N2000 Amsterdam 989.62 Barcelona 916.15 Basle 1039.44 Bordeaux 726.55 Cologne–Bonn 1076.14 Düsseldorf 1150.58 Frankfurt 1133.37 Glasgow 415.91 Hamburg 1111.30 Helsinki 648.17 Las Palmas (Canary Islands) 644.80 Lisbon 519.37 London 780.97 Lyons 981.57 Madrid 702.70 Manchester 606.47 Marseille 1143.55 Milan 1084.92 Munich 1231.79 Nantes 688.90 Oporto 504.99 Paris 820.24 Porto Santo (Madeira) 317.09 Prestwick 426.37 Rome 1262.78 Santa Maria (Azores) 204.56 Santiago 520.41 Shannon 275.82 Stockholm 1200.41 Tenerife 639.24 Toulouse–Blagnac 964.20 Vienna 1250.00 Zürich 1149.94
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State
Department of Transport
1st December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derwen National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Derwen 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 Derwen 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 St David’s Hospital, Carmarthen, Dyfed SA31 5HB and associated hospitals.
b
to manage community health services provided from St David’s Hospital, Carmarthen, Dyfed SA31 5HB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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
East Dyfed Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
East Dyfed Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be East Dyfed Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
19th November 1993