type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Central Regional Council (Gartmorn Reservoir) Byelaws Extension Order 1992 and shall come into force on 29th February 1992.
2
The period during which the Central Regional Council (Gartmorn Reservoir) Byelaws 1981 are to remain in force is hereby extended to 30th September 1992.
T.D. MacDonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
24th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Ayrshire and Arran National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 );
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the North Ayrshire and Arran National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North Ayrshire and Arran 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 Crosshouse Hospital, Kilmarnock, Ayrshire Central Hospital, Irvine and Arran War Memorial Hospital, Arran, including the management of the 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 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Ayrshire and Arran 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 Ayrshire and Arran 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 Ayrshire and Arran 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
22nd December 1992


text:
PART 1
GENERAL
Citation and Interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 4 and Transitional Provisions) Order 1992.
2
In this Order —
“the 1981 Act” means the Public Passenger Vehicles Act 1981 ;
“the RTA 1988” means the Road Traffic Act 1988 ; and
“the RTOA 1988” means the Road Traffic Offenders Act 1988 ;
“the 1991 Act” means the Road Traffic Act 1991.
Commencement of Provisions
2
The provisions of the 1991 Act specified in the first column of the Schedule to this Order which relate to the matters specified in the second column of that Schedule shall come into force on 1st July 1992 subject to the limitations (if any) specified in the third column of that Schedule.
PART II
TRANSITIONAL PROVISIONS
Vehicle Examiners
3
Without prejudice to section 9(2) of the 1991 Act, a person who immediately before 1st July 1992 is a certifying officer or a public service vehicle examiner appointed under the 1981 Act or an examiner appointed under section 68(1) of the RTA 1988 shall be treated as from that date as if he were an examiner appointed under section 66A of the RTA 1988 for the purpose of carrying out the functions conferred on such an examiner by Part II of that Act, the 1981 Act, the Transport Act 1968 and any other enactment.
Speeding offences — admissibility of evidence
4
1
An approval of the Secretary of State under and for the purposes of section 20 of the RTOA 1988 (admissibility of measurement of speed by radar) in force immediately before 1st July 1992 shall have effect in relation to an offence alleged to have been committed on or after that date as if it had been given under and for the purposes of subsection (4) of that section .
2
Section 23 of the 1991 Act (speeding offences: admissibility of certain evidence) shall not apply in relation to an offence alleged to have been committed before 1st July 1992.
Alternative verdicts
5
Section 24 of the 1991 Act (alternative verdicts) shall not apply in relation to an offence alleged to have been committed before 1st July 1992.
Penalties
6
1
The bringing into force by this Order of a provision of the 1991 Act which relates to the punishment of an offence by way of fine, imprisonment or forfeiture shall not affect the punishment of an offence committed before that provision comes into force.
2
The bringing into force by this Order of a provision of the 1991 Act which relates to the number of penalty points to be attributed to an offence or taken into account on conviction for an offence, shall not affect the number of penalty points to be attributed to an offence or taken into account on conviction for an offence committed before that provision comes into force.
3
Where a person is disqualified under section 34 of the RTOA 1988 for an offence committed before 1st July 1992, the disqualification shall be treated for the purposes of section 29 of that Act (penalty points to be taken into account on conviction) as if it were a disqualification under section 35 of that Act.
4
Where a person is disqualified under section 34 or 36 of the RTOA 1988 for an offence committed before 1st July 1992, the disqualification shall be treated for the purposes of section 45(5) of that Act (effect of endorsement) as if it were a disqualification under section 35 of that Act.
5
Without prejudice to paragraphs (1) to (4) above, where a person is, after 1st July 1992, convicted of an offence committed before that date —
a
sections 34 to 37 of the RTOA 1988 (disqualification);
b
Schedule 2 to that Act (penalties); and
c
section 44 of the Powers of Criminal Courts Act 1973 (disqualification where vehicle used for assault);
shall in relation to that offence apply as they were in force before that date.
6
Section 39 of the 1991 Act (disqualification where a vehicle used in the commission of certain offences in Scotland) shall not have effect in relation to an offence committed before 1st July 1992.
Variable speed limits
7
Where a provision in an order made under subsection (1) of section 84 of the Road Traffic Regulation Act 1984 before 1st July 1992 prohibits the driving of motor vehicles on a road at a speed exceeding that specified in the order during a period specified in the order, the provision shall have effect as if it had been made under paragraph (b) of that subsection.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
3rd June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Yorkshire Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East Yorkshire Hospitals 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 East Yorkshire Hospitals 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 Castle Hill Hospital, Castle Road, Cottingham, North Humberside HU16 5JQ 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 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Yorkshire 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 East Yorkshire 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 East Yorkshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Clatterbridge Centre for OncologyNational Health Service Trust (Transfer of Trust Property) Order 1992and shall come into force on 16th September 1992.
2
In this Order:
“the Authority” means Wirral Health Authority;
“the Trust” means the Clatterbridge Centre for Oncology National Health ServiceTrust;
“the trust property” means the items specified in a schedule of trust property preparedby and agreed upon by the Authority and the Trust on 25th June 1992,which schedule has been signed on behalf of both the Authority and theTrust.
Transfer of trust property
2
On 16th September 1992 the trust property shall be transferred fromthe Authority to the Trust.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
19th August 1992


text:
1
This Order may be cited as the A69 Trunk Road (Brampton Bypass Link Road) (Detrunking) Order 1992 and shall come into force on 15th December 1992.
2
In this Order:
a
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
b
“the trunk road” means the A69 Carlisle — Sunderland Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by the authority of the Secretary of State for Transport
J. P. Henry
An Under Secretary in the
Department of Transport
12th November 1992


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Pennine Dales) Designation (Amendment) Order 1992 and shall come into force on 25th February 1992.
Amendment of the Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992
2
The Environmentally Sensitive Areas (Pennine Dales) Designation Order 1992 shall be amended in accordance with article 3 below.
3
For article 6 there shall be substituted the following article:
6
1
The Minister shall make payments under an agreement at the rate of £125 per annum for each hectare of meadowland to which the agreement relates and at the rate of £90 per annum for each hectare of land other than meadowland to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 or Schedule 3, the Minister shall make payments at the rate of £210 per annum for each hectare of meadowland which under the agreement is subject to the provisions of Schedule 2, and at the rate of £25 per annum for each hectare of managed woodland which under the agreement is subject to the provisions of Schedule 3.
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Minister shall make payments according to the operations which are carried out at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 per agreement.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th February 1992.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
We consent
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 1992


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Payments on Account) Order 1992 and shall come into force on 31st July 1992.
Interpretation
2
In this Order —
“ the Act ” means the Value Added Tax Act 1983;
“Controller” means the Controller, Customs and Excise, Value Added Tax Central Unit.
Payments on account
3
A taxable person of a description falling within article 4 below shall be under a duty to pay, on account of any tax he may become liable to pay in respect of each prescribed accounting period exceeding one month beginning on or after 1st October 1992, amounts (in this Order referred to as “payments on account”) determined in accordance with this Order and at such times as so determined;
provided that where such a taxable person has a prescribed accounting period exceeding one month which begins on or after 2nd September 1992 and which relates to the tax period reference 12/92 shown in the certificate of registration issued to him, he shall have a like duty to pay payments on account also in respect of that prescribed accounting period.
Persons to whom this Order applies
4
Save as the Commissioners may otherwise allow, a taxable person falls within this article if the total amount of tax which he was liable to pay in respect of the period of one year ending on the last day of his last prescribed accounting period ending before 1st April 1991 exceeded £2,000,000, except that where in the year ending 31st March 1991 a prescribed accounting period of the taxable person did not begin on the first day or end on the last day of a month, the period of one year shall, for the purpose of this article, be regarded as having comprised those prescribed accounting periods which related to the tax period references shown in the certificate of registration issued to him and falling within the year ending 31st March 1991.
Time for payment
5
Subject to article 6 below and save as the Commissioners may otherwise allow, in respect of each prescribed accounting period a payment on account shall be paid to the Controller not later than —
a
the last day of the month next following the end of the first month included therein, and
b
the last day of the month next following the end of the second month included therein.
6
Save as the Commissioners may otherwise allow, where a prescribed accounting period does not begin on the first day or end on the last day of a month —
a
the first payment on account shall be paid not later than the last day of the month next following the end of the first complete month included therein, and
b
the second payment on account shall be paid not later than the last day of the month next following the end of the second complete month included therein, except that where —
i
there is only one complete month the first payment on account shall be paid not later than the last day of that month and the second payment on account shall be paid not later than the end of the prescribed accounting period, or
ii
a prescribed accounting period comprises an incomplete month followed by two complete months the first payment on account shall be paid not later than the end of the first complete month and the second payment on account shall be paid not later than the end of the second complete month, or
iii
a prescribed accounting period comprises an incomplete month followed by two complete months and an incomplete month the first payment on account shall be paid not later than the end of the first complete month and the second payment on account shall be paid not later than the end of the second complete month.
Calculation of the payments on account
7
Subject to articles 8, 9 and 10 below, the amount of each payment on account shall equal one twelfth of the total amount of tax, excluding the tax on goods imported from countries other than member States, which the taxable person was liable to pay in respect of the period (in this Order referred to as “the reference period”) —
a
1st April 1991 to 31st March 1992 where the taxable person has a prescribed accounting period beginning in October 1992,
b
1st May 1991 to 30th April 1992 where the taxable person has a prescribed accounting period beginning in November 1992, and
c
1st June 1991 to 31st May 1992 where the taxable person has a prescribed accounting period beginning in December 1992.
8
Where in the period of the year mentioned in either paragraph (a), (b) or (c) of article 7 above a prescribed accounting period of the taxable person did not begin on the first day or end on the last day of a month, the reference period shall, for the purpose of article 7 above, be regarded as having comprised those prescribed accounting periods which related to the tax period references shown in the certificate of registration issued to him and falling within the period of the year mentioned in paragraph (a), (b) or (c) of article 7 as appropriate.
9
The amount of any payment on account which, in accordance with article 5 or 6, is payable in November 1992, December 1992 or January 1993 shall be determined in accordance with article 7 or 8 above, except that tax which the taxable person was liable to pay on goods imported from member States shall be excluded from the calculation of the total amount of tax.
10
If —
a
the total amount of tax, excluding the tax on goods imported from countries other than member States, which the taxable person was liable to pay in respect of any period of one year ending after the end of his reference period was less than 80 per cent. of the total amount of tax referred to in article 7 above, or
b
where the period of one year has not ended, the Commissioners are satisfied that the total amount of tax, excluding the tax on goods imported from countries other than member States, which the taxable person will be liable to pay in that year will be less than 80 per cent. of the total amount of tax referred to in that article,
then, with effect from the date of the written approval by the Commissioners of a written application by the taxable person to that effect, the lesser amount shall be substituted for the greater amount and the amount of each payment on account beginning with the first payment on account payable after the date of that approval shall, subject to article 9 above, equal one twelfth of that lesser amount.
Business carried on in divisions
11
Save as the Commissioners may otherwise allow, where the registration under the Act of a body corporate is in the names of divisions under section 31(1) of the Act a division shall be under a duty to pay a payment on account under this Order if —
a
the amount of tax which the division was liable to pay in respect of the period specified in article 4 above exceeded £2,000,000, or
b
the amount of tax which the divisions were liable to pay in respect of that period in aggregate exceeded £2,000,000.
12
For the purpose of calculating the amount of each payment on account payable by a division of a body corporate under this Order, articles 7 to 10 shall apply in relation to the division as they apply in relation to a taxable person.
Groups of companies
13
This Order shall apply in relation to any bodies corporate which are treated as members of a group under section 29 of the Act as if those bodies were one taxable person and where there is a duty to pay a payment on account it shall be the responsibility of the representative member, except that in default of payment by the representative member it shall be the joint and several responsibility of each member of the group.
14
Save as the Commissioners may otherwise allow, where any bodies corporate are treated as members of a group under section 29 of the Act and as such they fall within article 4 above, and, pursuant to an application under section 29(5) of the Act, from the beginning of a prescribed accounting period —
a
a body corporate is excluded from the bodies so treated, or
b
the bodies corporate are no longer treated as members of a group,
the body corporate or each of the bodies corporate, as the case may be, shall from that date be treated as falling within article 4 above.
15
Where, under article 14 above, a body corporate is treated as falling within article 4 above, the amount of each payment on account shall equal such amount as would have been payable by it as determined in accordance with articles 7 to 10 above as if it had always fallen within article 4 above other than as a member of a group and had prescribed acccounting periods identical to those of the group of which it had been a member.
Tim Wood
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 1992


text:
1
This Order may be cited as the Customs Duty (Personal Reliefs) (Amendment) Order 1992 and shall come into force on 1st January 1993.
2
The Customs Duty (Personal Reliefs) ( No. 1) Order 1968 shall be amended in accordance with the following provisions of this Order.
3
For the purposes of this Order, “third country” shall have the meaning given by Article 3.1 of Council Directive 77/388/ EEC .
4
In paragraph 1 , after “United Kingdom” there shall be inserted “, having travelled from a third country,”.
5
Paragraphs 2(1)(ii), (1A) and (1B) shall be omitted.
6
In paragraph 7(1) , after “articles” there shall be inserted “which were obtained in a third country or duty and tax free on a ship or aircraft and which are”.
7
Paragraphs 8 and 9(2) shall be omitted.
8
In Schedule 1–
a
paragraph (a) shall be omitted;
b
in paragraph (b) –
i
the words from “If” to “EEC:” shall be omitted,
ii
for “£32” there shall be substituted “£36”.
9
In column 1 of Schedule 2–
a
in paragraph 1, the words from “the Republic” to the end shall be omitted;
b
for sub-paragraphs (i) and (ii) of paragraph 2 there shall be substituted–
i
from a third country, or
ii
from an area of open sea beyond the seaward limits of the territorial waters of the member States
.
10
In column 1 of Schedule 3, for the words from “either” to “Order” (in paragraphs 1(i) and 2(i) respectively) there shall be substituted “from a third country or from an area of open sea beyond the seaward limits of the territorial waters of the member States”.
11
In paragraphs 1 and 2 respectively of column 1 of Schedule 4, after “aircraft” there shall be inserted “which has arrived from a third country”.
12
Schedule 6 shall be omitted.
13
The following Orders are revoked:
The Customs Duty (Personal Reliefs) (No. 1) Order 1975 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1975 (Amendment) Order 1978 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1975 (Amendment) Order 1979 ;
The Customs and Excise Duties (Personal Reliefs for Goods Temporarily Imported) Order 1983 ;
The Customs and Excise Duties (Personal Reliefs for Goods Temporarily Imported) (Amendment) Order 1991 .
M.J. Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th December 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Wash Fishery Order 1992 and shall come into force on 4th January 1993.
2
In this Order —
“the Committee” means the local fisheries committee for the Eastern Sea Fisheries District established under section 1(1) of the Sea Fisheries Regulation Act 1966 ;
“the definitive map” means the map sealed in duplicate by the Minister and marked “Map referred to in the Wash Fishery Order 1992” one copy of which is in the possession of the Committee and the other copy of which is in the possession of the Minister;
“the fishery” means that part of the Wash in the Counties of Norfolk and Lincolnshire which lies below the line of mean high water and is shown coloured pink on the definitive map;
“the prescribed species” are oysters, mussels, cockles, clams, scallops and queens;
“the regulated fishery” means all parts of the fishery that are not for the time being specified under article 3(1) of this Order;
“the several fishery” means such parts of the fishery as are for the time being specified under article 3(1) of this Order;
“vermin” means an organism injurious to any of the prescribed species.
The Committee
2
The Committee shall continue in being as a body corporate for the purposes of this Order.
Right of several fishery
3
1
There is hereby conferred on the Committee for a period of 30 years the right of several fishery for the prescribed species with respect to such parts of the fishery as the Committee shall from time to time, with the consent of the Minister, determine.
2
The right of several fishery hereby conferred shall not be exercised by the Committee in its corporate capacity.
Right of regulating a fishery
4
There is hereby conferred on the Committee for a period of 30 years the right of regulating a fishery for the prescribed species with respect to the regulated fishery.
Taking of samples for the purpose of disease control
5
The Committee shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spread of disease —
a
at any reasonable time to obtain samples of any of the prescribed species found within the fishery and to take them away provided that they have been marked, labelled or otherwise made capable of identification;
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
Power to grant leases
6
1
The Committee may lease to any person the right of several fishery for any of the prescribed species within such part of the several fishery (hereinafter referred to as a “laying”) as it may think fit and upon such terms and for such period as may be agreed with that person and the following provisions of this article shall apply in relation to such leasing.
2
Without the written consent of the Minister the Committee shall not grant to any person a lease of the right of several fishery if —
a
the total area in respect of which that person would be entitled to that right would exceed 10 hectares; or
b
the period in respect of which that person would be so entitled in respect of any area would end more than ten years after he first became so entitled in respect of that area.
3
Any lease shall forbid the making of an assignment thereof or the grant of, or assignment of, a sub-lease without the consent of the Committee and the Committee shall not unreasonably withhold such consent.
4
The Committee shall not without the written consent of the Minister give its to the Committee that in consequence of the assignment or sub-lease —
a
the total area in respect of which the assignee or sub-lessee would be entitled to the right of several fishery would exceed 10 hectares; or
b
the period in respect of which that person would be so entitled in respect of any area would end more than ten years after he first became so entitled in respect of that area.
5
In determining whether a person is entitled to a right of several fishery for the purposes of paragraphs (2) and (4) above —
a
references to a person’s being so entitled include references to his being —
i
entitled by virtue of the assignment of a lease or the grant or assignment of a sub-lease, or
ii
beneficially entitled under the terms of one or more trusts; and
b
the following shall be treated as one person —
i
any two or more persons carrying on a business of shellfish cultivation in partnership;
ii
the person having control of any company and all the companies controlled by that person;
iii
spouses;
iv
parents and children.
6
Any lease shall prohibit the lessee or his assignee or sub-lessee from entering into any agreement with any other person having an interest in any part of the fishery for the common management of their respective businesses or the common exploitation of their respective layings without the consent of the Committee and the Committee shall not unreasonably withhold such consent.
7
The Committee shall not without the written consent of the Minister give its consent for the purposes of paragraph (6) above if it appears to the Committee that in consequence of the agreement —
a
the total area of layings under the common management or exploitation of the parties to the agreement would exceed 10 hectares; or
b
the period in respect of which any party to the agreement would be concerned in the management or exploitation of any laying would end more than ten years after he first became entitled to the right of several fishery in any part of the area subject to the agreement.
8
Any lease shall require the lessee to permit any person authorised in that behalf by the Minister to do the things mentioned in article 5 of this Order for a purpose of the kind mentioned in that article.
9
Any lease shall provide that it may be determined by the Committee in the event that the lessee, or his assignee or sub-lessee, is in breach of any provision of the lease inserted therein pursuant to the requirements of this article and the Committee shall take all reasonable steps to monitor compliance with such provisions.
10
The Committee shall mark or cause to be marked, on ground which at the time of marking is not set with any of the prescribed species or the brood thereof, all layings in the several fishery in such manner as the Minister may from time to time approve.
11
The marks defining the limits of each laying in the several fishery shall be maintained in position and in good repair by the Committee or, if so stipulated in the lease, by the lessee.
Power to impose restrictions and make regulations
7
1
The Committee may, with the consent of the Minister, from time to time impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of any of the prescribed species within the whole or any specified part of the regulated fishery.
2
Without prejudice to the generality of paragraph (1) above, regulations may be made under that paragraph for the purpose of —
a
determining the size below which or above which it shall be unlawful to take any of the prescribed species from the regulated fishery or to remove them from one part of the fishery to another; and
b
determining the size or description of vessels, dredges and fishing instruments to be used in dredging, fishing for or taking any of the prescribed species; and
c
regulating the disposal of such vermin as may be dredged or otherwise taken in dredging, fishing for or taking any of the prescribed species.
3
The production of a copy of any regulation purporting to be certified by any officer authorised by the Minister of Agriculture, Fisheries and Food shall be conclusive evidence of the existence of the regulation and of the due making of it.
Licensing of fishing
8
1
No person shall dredge, fish for or take any of the prescribed species within the regulated fishery except under the authority of a licence issued in that behalf, on application, by the Committee.
2
No person shall use a vessel for dredging, fishing for or taking any of the prescribed species within the regulated fishery except under the authority of a licence issued under paragraph (1) above in which the vessel is named.
3
Subject to paragraph (9) below, a licence for dredging, fishing for or taking any of the prescribed species from a vessel shall be issued jointly to the applicant, who shall be the owner of the vessel, and his representative and shall be used only by those persons or, with the written authority of the Committee and in accordance with any conditions contained in that authority, by a deputy nominated by them.
4
A licence shall be valid for the period not exceeding 12 months specified therein.
5
Subject to any directions given by the Minister and the provisions of this article, licences may be issued by the Committee under paragraph (1) above in such numbers and to such persons, and may authorise the dredging, fishing for or taking of the prescribed species at such times, in such manner and in such parts of the regulated fishery as the Committee may determine.
6
The Committee may, after consultation with such organisations as appear to it to be representative of interests likely to be substantially affected by a limitation on the number of licences issued, and such other persons as the Committee thinks fit, place a limitation on the number of licences issued in any one year having particular regard to scientific advice on the desirability of limiting the level of exploitation.
7
Any person dredging, fishing for or taking any of the prescribed species under the authority of a licence issued under paragraph (1) above shall, when so requested by any officer authorised by the Committee and after production by that officer of written evidence of his authority if so required, produce the licence and shall desist from dredging, fishing for or taking any of those species until it is produced.
8
Subject to paragraphs (6) above and (9) below, an applicant for a licence shall be entitled to have a licence issued to him if —
a
in respect of licences for the first fishing year after the coming into force of this Order, he was engaged in dredging, fishing for or taking any of the prescribed species within the regulated fishery as a commercial activity or as part of a commercial activity in the fishing season immediately prior to the date of advertisement of this Order, or
b
in respect of licences for all subsequent fishing years, he held a licence at any time within the period of 24 months immediately preceding the date of application for the licence.
9
At the Committee’s discretion —
a
no person may be named on a licence in accordance with paragraph (3) above as the representative of an applicant if on at least two separate occasions within the period specified in paragraph (8)(b) above that person has been convicted of a relevant offence, and
b
the entitlement described in paragraph (8) above shall not apply if on at least two separate occasions within the period specified in paragraph (8)(b) above the applicant has been convicted of a relevant offence.
10
In this regulation “relevant offence” means either an offence under section 3(3) of the Sea Fisheries (Shellfish) Act 1967 or an offence under section 11(5) of the Sea Fisheries Regulation Act 1966 in so far as that offence relates to the contravention of a byelaw made under the powers contained in section 5(1)(d) of that Act.
Tolls and fees payable for fishing
9
1
Any person to whom the Committee proposes to issue a licence under the provisions of article 8 of this Order shall pay to the Committee before or upon receipt of the licence a toll in respect of a combined licence which authorises the dredging, fishing for and taking of cockles and mussels of either £200 per annum or £30 per month.
2
The Committee may from time to time with the consent of the Minister vary the toll payable under paragraph (1) above and introduce separate tolls in respect of each of the prescribed species for which dredging, fishing for or taking is authorised.
Power to create reserves
10
The Committee may from time to time designate and mark out as reserves such parts of the regulated fishery as it thinks necessary for —
a
experimental, management or scientific purposes, including the control of pests or diseases of any of the prescribed species;
b
cleansing and subsequent restocking with any of the prescribed species and the protection of stock introduced;
c
the collection of spat of any of the prescribed species; or
d
the deposit or re-laying of any of the prescribed species for the purposes of cleansing before their removal from the fishery
and may use such reserves for their designated purposes and prohibit their use for any other purpose connected with or ancillary to fishing for any of the prescribed species.
Restriction on removal of culch
11
1
Except with the prior consent in writing of the Committee, no person shall remove any culch or other material for the reception of spat from the fishery or from one part of the fishery to another.
2
Any person lifting any culch or other such material within the regulated fishery, whether in the course of fishing or dredging or otherwise, shall replace it forthwith as nearly as possible in the place from which it was lifted.
3
Paragraphs (1) and (2) above shall not apply to a removal or lifting effected by raising an anchor or other mooring device for the purpose of navigation.
Power to remove brood of any of prescribed species
12
For the purpose of cultivating the regulated fishery any person authorised by the Committee may remove any spat or small oysters, mussels, cockles, clams, scallops or queens from the regulated fishery or from one part of the fishery to any other part at such times and in such quantities as the Committee may direct.
Exemptions for scientific purposes
13
The Committee may, by authority given in writing, exempt any person who is dredging, fishing for or taking any of the prescribed species for scientific purposes from any provision of this Order or from any restriction imposed or regulation made under this Order.
Accounts of income and expenditure and other information
14
The Committee shall render to the Minister annual accounts of its income and expenditure under this Order, shall furnish to the Minister all other information required by him with reference to this Order and to the fishery in such form and at such times as he may require, shall allow any person authorised by the Minister in that behalf to inspect the fishery and all books of account and other documents in the possession of the Committee relating to this Order and to the fishery and shall give to such person any information relating thereto as he may require.
Rights of the Crown
15
Nothing in this Order or in any restriction imposed or regulation made by the Committee shall affect prejudicially any estate, right, power, privilege or exemption of the Crown and in particular nothing therein contained shall authorise the Committee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditament, subject or right of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners or belonging to Her Majesty in right of Her Majesty’s Duchy of Lancaster.
Rights of various persons and bodies
16
1
Nothing in this Order shall affect prejudicially —
a
the exercise of any statutory power or authority from time to time vested in or exercisable by any person carrying on an undertaking falling within paragraph (2) below;
b
any right, power or privilege of Hamon le Strange of Hunstanton in the County of Norfolk or his executors, administrators or assigns and in a like manner nothing herein contained shall be deemed to be a consent to or be construed to recognise or admit on behalf of the Committee the existence of any right, power or privilege of the said Hamon le Strange, his executors, administrators or assigns.
2
The following are the undertakings which fall within paragraph (1)(a) above —
a
the undertaking of any water undertaker or sewage undertaker;
b
any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the Telecommunications Act 1984 ;
c
the undertaking of any public gas supplier within the meaning of Part I of the Gas Act 1986 ;
d
the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, transmit or supply electricity;
e
the undertaking of any navigation, harbour, general lighthouse or conservancy authority.
Revocation
17
The River Nene Fishery Order 1986 is hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
30th November 1992.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “the 1991 Regulations ” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 .
Amendment of the 1991 Regulations and transitionals
2
Schedule 1 (amendment of the 1991 Regulations) and Schedule 2 (transitionals) shall have effect.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
10th March 1992
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
10th March 1992


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
These Regulations apply in relation to any case in which a person first satisfies the conditions of entitlement to a payment under the Acton or after the date on which they come into force.
Interpretation
2
In these Regulations the “ principal Regulations ” means the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 .
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the following provisions of this Regulation.
2
a
the Schedule to these Regulations shall be substituted for the Schedule to those Regulations, and
b
the amount of £1,686 shall be substituted for the amount of £1,606 in Regulations 5(1) and 8 of those Regulations, and the amount of £3,488 shall be substituted for the amount of £3,322 in regulation 6(1) of those Regulations.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
27th February 1992


text:
1
For the purpose of connecting the M5 Motorway at Junction 18 with other highways, the Secretary of State is authorised to provide along the routes described in the schedule hereto special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme —
(i) “the motorway” means the M5 Motorway; (ii) “the new roundabout” means the new trunk road roundabout (connecting with Avonmouth Way, near its junction with First Way) to be constructed by the Secretary of State pursuant to the “A4 Trunk Road (Avonmouth Relief Road) Order 1992”; (iii) “the existing roundabout” means the existing roundabout at the junction of the A4 Portway and the B4054 Avonmouth Road connecting with the motorway at Junction 18; (iv) “the deposited plan” means the plan folio numbered HA16/1/ SWM12 marked “The M5 Motorway (Junction 18 and Avonmouth Relief Road) (Slip Roads, Special Roads) Scheme 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; (v) “the special roads” means the special roads which the Secretary of State is authorised by this Scheme to provide.
5
This Scheme shall come into force on 30th October 1992 and may be cited as the M5 Motorway (Junction 18 and Avonmouth Relief Road) (Slip Roads, Special Roads) Scheme 1992.
Signed by authority of the Secretary of State for Transport
Elisabeth Hopkins
Regional Director South West Region
Department of Transport
12th October 1992


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1992 and shall come into force on 5th February 1992.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland and rough grazing.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of the land in the Somerset Levels and Moors in the County of Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Somerset Levels and Moors environmentally sensitive area” dated 13th January 1992 signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW 1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
The Minister shall make payments under an agreement at the rate of £120 per annum for each hectare of grassland to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2, 3 or 4, the Minister shall make payments at the rate perannum for each hectare of land which under the agreement is subject to those additional provisions shown in the following table–
£ per hectare of land per annum
Schedule 2 180 Schedule 3 70 Schedule 4 350
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 5, the Minister shall make payments according to the operations which are carried out at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3000 per agreement.
Revocation and saving
9
The Environmentally Sensitive Areas (Somerset Levels and Moors) Designation Order 1986 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 31st December 1991.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th January 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
We consent
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Undersized Whiting Order 1992 and shall come into force on 1st June 1992.
2
In this Order —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“length”, in relation to a whiting, means length from the tip of the snout to the extreme end of the tail fin;
“whiting” means whiting of the species Merlangius merlangus .
Prescribed minimum size for landing whiting and exemption from landing prohibition
2
1
For the purpose of section 1(1) of the Act (which prohibits the landing in Great Britain of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), a length of 27 centimetres is hereby prescribed as the minimum size in relation to whiting.
2
Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) above.
Prescribed minimum size for sale etc. of whiting and exemptions from sale prohibitions
3
1
For the purposes of section 1(2) of the Act (which prohibits the sale, exposure or offer for sale or possession for the purpose of sale of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), a length of 27 centimetres is hereby prescribed as the minimum size in relation to whiting.
2
The sale, exposure or offer for sale or possession for the purpose of sale of whiting which are landed from foreign fishing boats is exempted from the prohibitions imposed by section 1(2) of the Act as read with paragraph (1) above.
Prescribed minimum size for carriage of whiting on a British fishing boat
4
1
For the purpose of section 1(3) of the Act (which prohibits the carriage on a British fishing boat of sea fish of any description which are of less than the minimum size prescribed in relation to sea fish of that description), a length of 27 centimetres is hereby prescribed as the minimum size in relation to whiting.
2
The carriage on a British fishing boat of whiting which have not been sorted is exempted from the prohibition imposed by section 1(3) of the Act as read with paragraph (1) above.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of the enforcement of section 1 of the Act and of this Order a British sea-fishery officer may exercise in relation to any British fishing boat anywhere the powers conferred by paragraphs (2) to (4) below.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 1 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under section 1 of the Act as read with this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th May 1992
David Hunt
Secretary of State for Wales
18th May 1992
Patrick Mayhew
Secretary of State for Northern Ireland
20th May 1992


text:
1
This Order may be cited as the Non-Domestic Rating Act 1992 (Commencement No. 2) Order 1992.
2
The Non-Domestic Rating Act 1992, in so far as it is not already in force, shall come into force on 16th July 1992.
Michael Howard
Secretary of State for the Environment
6th July 1992
David Hunt
Secretary of State for Wales
6th July 1992


text:
Title and commencement
1
These Regulations may be cited as the Food (Lot Marking) Regulations 1992 and shall come into force on 1st July 1992.
Interpretation and scope
2
1
In these Regulations, except where the context requires otherwise —
“ the Act ” means the Food Safety Act 1990;
“food” has the meaning which it has in section 16(5) of the Act;
“the labelling regulations” means —
in relation to food in England and Wales, the Food Labelling Regulations 1984( ), and
in relation to food in Scotland, the Food Labelling (Scotland) Regulations 1984( ),
and “indication of minimum durability” and
“use by”date
have the same meanings as in the labelling regulations;
“prepacked” has the meaning which it has in the labelling regulations and “prepackaging” shall be construed accordingly;
“sale” includes possessing for sale, offering for sale and exposing for sale;
“sell” shall be construed as co-extensive with sale; and
“ultimate consumer” has the meaning which it has in the labelling regulations.
2
These Regulations do not apply to any food which is not intended for sale for human consumption.
Lot marking requirement
3
1
Subject to the following provisions of these Regulations, no person shall sell any food to which a lot marking obligation applies unless the lot marking rules are observed in relation to that sale.
2
For the purposes of these Regulations —
a
food is food to which a lot marking obligation applies if it comprises —
i
a production sales unit, that is to say a sales unit of food produced as part of a batch of such sales units produced under similar conditions,
ii
a preparation sales unit, that is to say a sales unit of food prepared as part of a batch of such sales units prepared under similar conditions, or
iii
a packaging sales unit, that is to say a sales unit of food packaged as part of a batch of sales units packaged under similar conditions, and
b
a sales unit of food comprises food in the process of being, or which can reasonably be expected to be, sold as an identifiable unit.
3
The Schedule to these Regulations specifies how lot marking rules are observed in relation to any sale of food.
Exception for particular types of sale
4
Nothing in these Regulations requires the lot marking rules to be observed in relation to any sale of food where —
a
the food comprises an agricultural product and, in connection with that sale, it leaves the agricultural premises of its production —
i
for delivery to a temporary storage, preparation or packaging station, or to a producers' organisation, or
ii
for collection for immediate integration into an operational preparation or processing system, or
b
the sale is a sale to the ultimate consumer in circumstances where the food is not prepacked, is prepacked for direct sale or is packed at the request of the purchaser.
Exception for sales units marked or labelled with indication of minimum durability or “use by” date
5
1
Nothing in these Regulations requires a sales unit to bear any lot marking indication where —
a
it is marked or labelled at the time of its sale with an indication of minimum durability or a “use by” date, and
b
that marking or labelling has been carried out in accordance with the labelling regulations.
2
Where a sale is not one to which the labelling regulations apply, but the sales unit is marked or labelled in such a manner as would accord with the labelling regulations were the sale one to which they applied that marking or labelling shall be treated for the purposes of paragraph (1) above as having been carried out in accordance with the labelling regulations.
Exception for particular types of sales units
6
Nothing in these Regulations requires a sales unit —
a
which is in a container the area of the largest side of which is less than 10 cm 2 ,
b
which comprises food which —
i
is prepacked, and
ii
is sold at a catering establishment for immediate consumption there, and
iii
is sold as an individual portion, and
iv
is intended as an accompaniment to another food, or
c
which comprises an individual portion of an edible ice supplied to its seller in bulk packaging containing more than one such portion and bearing the lot marking indication which that portion would, but for this sub-paragraph, have been required to bear,
to bear a lot marking indication.
Transitional exceptions
7
1
Nothing in these Regulations requires a sales unit the marking or labelling of which was completed before 1st July 1992 to bear a lot marking indication.
2
Nothing in these Regulations requires a sales unit to bear a lot marking indication in any sale which is completed before 1st January 1997 where the sales unit is in a glass bottle intended for re-use which is indelibly marked and therefore bears no label, ring or collar.
Enforcement and defence
8
1
If any person contravenes regulation 3 above he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
3
In this regulation “food authority” does not include either the council of any district in a non-metropolitan county in England and Wales or the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
4
In any proceedings for an offence under regulation 3 above, it shall, subject to paragraph (8) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
5
Without prejudice to the generality of paragraph (4) above, a person charged with an offence under regulation 3 above who neither —
a
prepared the food in respect of which the offence is alleged to have been committed; nor
b
imported it into Great Britain,
shall be taken to have established the defence provided by that paragraph if he satisfies the requirements of paragraph (6) or (7) below.
6
A person satisfies the requirements of this paragraph if he proves —
a
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
b
that he carried out all checks of the food in question as were reasonable in all the circumstances, or that it was reasonable in all the circumstances for him to rely on checks carried out by the person who supplied the food to him; and
c
that he did not know and had no reason to suspect at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.
7
A person satisfies the requirements of this subsection if he proves —
a
that the commission of the offence was due to an act or default of another person who was not under his control, or to reliance on information supplied by such a person;
b
that the sale in relation to which the offence is alleged was not a sale or intended sale under his name or mark; and
c
that he did not know, and could not reasonably have been expected to know, at the time of the commission of the alleged offence that his act or omission would amount to an offence under the relevant provision.
8
If in any case the defence provided by paragraph (4) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
9
In paragraph (8) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Application of provisions of the Act
9
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —
a
section 2 (extended meaning of sale);
b
section 3 (presumption that food is intended for human consumption).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
4th June 1992
David Hunt
Secretary of State for Wales
2nd June 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1992 and shall come into force on 17th August 1992.
Amendment
2
For the list of public sector landlords at the end of the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 there is substituted the list set out in the Schedule to these Regulations.
Saving
3
Nothing in these Regulations shall affect the validity of any notice served under section 122(1) of the Housing Act 1985 before 17th October 1992 if the notice was in the form prescribed by the Regulations mentioned in regulation 2 above.
Michael Howard
Secretary of State for the Environment
15th July 1992
David Hunt
Secretary of State for Wales
15th July 1992


text:
Citation and commencement
1
This Order may be cited as the Forth Ports Authority Scheme 1992 Confirmation Order 1992 and shall come into force on 6th March 1992.
Confirmation of Scheme
2
1
The Forth Ports Authority Scheme 1992 is hereby confirmed with modifications.
2
The text of the said Scheme as so confirmed is set out in the Schedule hereto.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
5th March 1992


text:
1
1
These Regulations may be cited as the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) (Extension to Northern Ireland) Regulations 1992, and shall come into force on 31st December 1992.
2
These Regulations shall extend to all parts of the United Kingdom.
2
The Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 are hereby further amended as follows: —
a
in regulation 1 after the words “which extend to Great Britain” there shall be added the words “and to Northern Ireland”;
b
in regulation 3(1) —
i
after the words “on or after 29th December 1988” there shall be inserted the words “in Great Britain or on or after 30th June 1993 in Northern Ireland”;
ii
for the words “that date” there shall be substituted the words “29th December 1988 in Great Britain or on or after 30th June 1993 in Northern Ireland, as the case may be,” and
iii
the words “Northern Ireland or of” shall be deleted.
c
in regulation 5(7) after the words “issued under these Regulations” the words “or under the law of Northern Ireland” shall be deleted;
d
in regulation 6(1) after the words “or under the law of” the words “Northern Ireland or of” shall be deleted; and
e
in paragraphs (1), (2) and (5) of regulation 7 wherever occurring the words “or under the law of Northern Ireland” shall be deleted.
E. Leigh
Department of Trade and Industry
4th December 1992


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire and Merseyside (County Boundaries) Order 1992.
2
This Order shall come into force on 15th September 1992 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 1993.
Interpretation
2
In this Order —
“Cheshire” means the county of Cheshire,
and “Ellesmere Port” means the borough of Ellesmere Port and Neston in that county;
“electoral division” means an electoral division of Cheshire;
“the map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the Cheshire and Merseyside (County Boundaries) Order 1992”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Merseyside” means the metropolitan county of Merseyside, and
“Wirral” means the metropolitan borough of Wirral in that county; and
“ward” means a ward of the borough or metropolitan borough from or to which an area is transferred.
Transfers from Cheshire (Ellesmere Port) to Merseyside (Wirral)
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 Cheshire, from Ellesmere Port, and from the ward named in column 3 to —
a
Merseyside;
b
Wirral;
c
the ward mentioned in column 4; and to
d
the Wirral Borough petty sessional division and the Wirral coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Cheshire, from Ellesmere Port,and from the following ward — To Merseyside, to Wirral,and to the following ward —
C 2 Neston Clatterbridge B 2 Parkgate Clatterbridge A 2 Parkgate Heswall A 3 Westminster Eastham B 1 Willaston and Thornton Eastham
Transfers from Merseyside (Wirral) to Cheshire (Ellesmere Port)
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 Merseyside, from Wirral,and from the ward named in column 3 to —
a
Cheshire;
b
Ellesmere Port;
c
the ward and the electoral division mentioned in column 4; and to
d
the Ellesmere Port and Neston petty sessional division and the Cheshire coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Merseyside, from Wirral and from the following ward — To Cheshire, to Ellesmere Port, and to —
D 1 Clatterbridge
Willaston and Thornton ward
South Wirral electoral division
B
E
3
1
Eastham
Westminster ward
Grange and Rossmore electoral division
A & C 1 Eastham
Willaston and Thornton ward
South Wirral electoral division
Town and country planning
5
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
G. S. K. Young
Minister of State,
Department of the Environment
18th August 1992


text:
1
The Kent County Council (Royal Military Canal Bridge — Hamstreet) Scheme 1990 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Kent County Council, County Hall, Maidstone, Kent ME14 1XQ.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Kent County Council (Royal Military Canal Bridge — Hamstreet) Scheme 1990 Confirmation Instrument 1992.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Tranport
29th April 1992


text:
1
This Order may be cited as the Gloucestershire Airport (Designation) (Detention and Sale of Aircraft) Order 1992 and shall come into force on 1st January 1993.
2
Gloucestershire Airport is hereby designated for the purposes of section 88 of the Civil Aviation Act 1982.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
9th December 1992


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 1992 and shall come into force on 5th August 1992.
Amendment
2
In Part I of Schedule 1 to the Seeds (National Lists of Varieties) Regulations 1982 there shall be inserted after the words “ Festuca rubra L. ” the words
Festuca pratensis Huds. x
Lolium multiflorum Lam.
and after the words “Red fescue, Chewings fescue” the word “Festulolium”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th June 1992
David Hunt
Secretary of State for Wales
30th June 1992
Patrick Mayhew
Secretary of State for Northern Ireland
2nd July 1992


text:
General
Citation, commencement, interpretation and purpose
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1992 and shall come into force on the day after the day on which they are made.
2
In these Regulations —
“the 1982 Act ” means the Insurance Companies Act 1982 ;
“the 1986 Act ” means the Financial Services Act 1986 .
3
These Regulations —
a
give effect to Council Directive 90/618/ EEC amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC which concern the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance;
b
give further effect to Council Directive 88/357/EEC ; and
c
give effect to Articles 8 and 9 of Council Directive 90/619/EEC amending Council Directive 79/267/EEC which concerns the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance.
Amendments of 1982 Act
Power to defer decision on application for authorisation
2
1
At the beginning of subsection (2) of section 5 of the 1982 Act (submission of proposals etc. ) insert the words “Subject to subsection (3) below,”.
2
After that subsection insert —
3
The Secretary of State may defer a decision on an application for an authorisation under section 3 above for such period as may be necessary for the purpose of implementing any decision of the Council or Commission of the Communities under —
a
Article 29b(4) of the first general insurance Directive ; or
b
Article 32b(4) of the first long term insurance Directive .
.
Approval of transfers of general business
3
In subsection (4A) of section 51 of the 1982 Act (approval of transfers of general business), for the words from “unless” to the end substitute the words
unless —
a
the supervisory authorities of that State certify that it possesses the necessary margin of solvency after taking the proposed transfer into account; or
b
every policy included in the proposed transfer evidences a contract of reinsurance.
.
Change of Controller
4
After subsection (2) of section 61 of the 1982 Act (approval of person proposing to become controller of insurance company where section 60 does not apply) insert —
2A
The Secretary of State may serve a notice of objection under subsection (1) above for the purpose of implementing any decision of the Council or Commission of the Communities under —
a
Article 29b(4) of the first general insurance Directive ; or
b
Article 32b(4) of the first long term insurance Directive .
.
Notification of change of control
5
After section 63 of the 1982 Act insert —
Duty to notify change of control
63A
1
A person resident or having its head office in a country or territory other than a member State who becomes the parent undertaking of an insurance company —
a
which has its head office in the United Kingdom; and
b
to which this Part of this Act applies,
shall before the expiration of the period of fourteen days beginning with the day next following that on which he becomes the parent undertaking notify the Secretary of State in writing of that fact.
2
Subsection (1) above shall not apply if the insurance company concerned —
a
is required to give notice to the Secretary of State in accordance with section 62(2) above; or
b
is not authorised to carry on in any member State any insurance business other than reinsurance business.
.
Enforcement of section 63A
6
In subsection (3)(b) of section 71 of the 1982 Act (offences under Part II), for the words “or 61(1)” substitute the words “, 61(1) or 63A”.
Provision of insurance from another member State
7
1
Part IIIA of the 1982 Act (provision of insurance from another member State) shall be amended as follows.
2
In subsection (4) (risks to which Part IIIA applies) of section 81A (introductory provisions) —
a
omit the second and third paragraphs, that is to say, those relating to classes 10 and 12; and
b
at the end insert the words “and references in this Part to relevant motor vehicle risks are to risks (other than carrier’s liability) falling within class 10 of that Schedule (motor vehicle liability)”.
3
In subsection (1) of section 81B (provision of insurance in the United Kingdom: documents to be furnished to the Secretary of State), omit the word “and” immediately following paragraph (c) and after paragraph (d) insert
and
e
in the case of an insurance company which intends to provide insurance to cover relevant motor vehicle risks —
i
a notice stating the name and address of the claims representative; and
ii
a declaration that the insurance company has become a member of the Motor Insurers' Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946);
.
4
After that subsection insert —
1A
The insurance company shall notify the Secretary of State in writing of —
a
any change of address of the company for the purpose of the service of documents; and
b
where it provides insurance to cover relevant motor vehicle risks, any change of name or address of the claims representative,
before the expiration of the period of one month beginning with the day on which the change occurred.
.
5
In subsection (2) of section 81C (information to be given to policyholder), after paragraph (b) insert
and
c
where the insurance relates to relevant motor vehicle risks, the name and address of the claims representative,
.
6
After section 81C insert —
Additional requirements with respect to relevant motor vehicle risks.
81CC
1
An insurance company shall not provide insurance in the United Kingdom to cover relevant motor vehicle risks unless —
a
it is a member of the Motor Insurers' Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946); and
b
it has appointed a claims representative who satisfies the requirements of subsections (2) to (6) below.
2
The claims representative must be a person who has been designated as the insurance company’s claims representative for the purposes of this section.
3
The claims representative must be authorised —
a
to act on behalf of the insurance company and to represent, or to instruct others to represent, the insurance company in relation to any matters giving rise to relevant claims;
b
to pay sums in settlement of relevant claims; and
c
to accept service on behalf of the insurance company of proceedings in respect of relevant claims;
but the authority must not extend to the settlement of relevant claims.
4
The claims representative must be authorised to represent the insurance company in any proceedings or enquiry to establish the existence or validity of a policy issued by the insurance company which covers or purports to cover relevant motor vehicle risks.
5
Without prejudice to subsection (3) above, the claims representative must not act on behalf of the insurance company in the carrying on of its general business in the United Kingdom other than its reinsurance business, if any.
6
The claims representative must —
a
in the case of an individual, be resident in the United Kingdom;
b
in the case of a corporation, have a place of business in the United Kingdom.
7
In this section “relevant claim” means any claim which may be made against a policy issued by the insurance company to the extent that it covers relevant motor vehicle risks, whether or not submitted to the company and whether by a policyholder or by a third party having rights of action against the company or a policyholder or both.
.
Lloyd’s underwriters
8
In Part IV of the 1982 Act (special classes of insurers), after section 83 insert —
Lloyd’s underwriters — insurance Directives.
83A
The powers conferred on the Secretary of State by sections 38 to 41, 44 and 45 above shall be exercisable in relation to the members of Lloyd’s if there is a failure by Lloyd’s to satisfy an obligation to which it is subject by virtue of any provision of the law of another member State giving effect to the general insurance Directives.
.
Interpretation
9
1
Part V of the 1982 Act (supplementary provisions) shall be amended as follows.
2
Renumber the section 94A inserted by the Insurance Companies (Amendment) Regulations 1990 (law applicable to certain contracts of insurance) as section 94B and transpose that section and the section 94A inserted by the Insurance (Fees) Act 1985 .
3
In subsection (1) of section 96 (general interpretation) —
a
after the definition of “chief executive” insert —
“claims representative” means a person appointed by an insurance company in accordance with section 81CC above;
; and
b
after the definition of “ordinary long-term business” insert —
“parent undertaking” shall be construed in accordance with section 258 of the Companies Act 1985 and Article 266 of the Companies (Northern Ireland) Order 1986 ;
.
4
After subsection (1) of section 96A (interpretation of expressions derived from general insurance Directives) insert —
1A
The Directives amending the general insurance Directives referred to in subsection (1) above include Council Directive 90/618/EEC amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC .
1B
In this Act “the first long term insurance Directive” means Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of direct life assurance.
.
5
In subsection (1)(c) of section 96B (meaning of “large risks”), for the words “classes 8, 9, 13 and 16” substitute “classes 3, 8, 9, 10, 13 and 16”.
Amendment of 1986 Act
Insurance contracts effected in contravention of 1982 Act
10
Section 132 of the 1986 Act (insurance contracts effected in contravention of section 2 of the 1982 Act) shall have effect in relation to a contract of insurance which is entered into by a person in the course of providing insurance in contravention of section 81B or 81G of the 1982 Act as it has effect in relation to a contract of insurance which is entered into by a person in the course of carrying on insurance business in contravention of section 2 of that Act.
Amendments of compulsory insurance enactments
Employers' liability
11
1
In section 1(3)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 (insurance against liability for employees: interpretation), after the words “Insurance Companies Act 1982” insert the words “, or, being an insurance company the head office of which is in a member State, lawfully carrying on in a member State other than the United Kingdom insurance business of a corresponding class,”.
2
In Article 5(3)(b) of the Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (insurance against liability to employees: interpretation), after the words “Insurance Companies Act 1982” insert the words “, or, being an insurance company the head office of which is in a member State, lawfully carrying on in a member State other than the United Kingdom insurance business of a corresponding class,”.
Professional indemnity and compensation
12
1
In section 87(1) of the Solicitors Act 1974 (general interpretation), omit the definitions of “liability insurance business” and “pecuniary loss insurance business” and for the definition of “authorised insurers” substitute —
“authorised insurer” means a person who —
is permitted under the Insurance Companies Act 1982 to carry on insurance business of class 13 in Schedule 2 to that Act 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; or
is permitted under the Insurance Companies Act 1982 to carry on insurance business of classes 1, 2, 14, 15, 16 and 17 in that Schedule 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 corresponding classes.
.
2
In subsection (1)(b) and (c) of section 44 of the Solicitors (Scotland) Act 1980 (professional indemnity: interpretation), for the words “any person permitted under the Insurance Companies Act 1974 to carry on liability insurance business or pecuniary loss insurance business” substitute the words “an authorised insurer”.
3
In subsection (5) of that section, after the words “In this section” insert —
“authorised insurer” means a person who —
is permitted under the Insurance Companies Act 1982 to carry on insurance business of class 13 in Schedule 2 to that Act 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; or
is permitted under the Insurance Companies Act 1982 to carry on insurance business of classes 1, 2, 14, 15, 16 and 17 in that Schedule 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 corresponding classes;
.
4
For subsection (5) of section 21 of the Administration of Justice Act 1985 (professional indemnity and compensation: interpretation) substitute —
5
In subsection (3) “authorised insurer” means a person who —
a
is permitted under the Insurance Companies Act 1982 to carry on insurance business of class 13 in Schedule 2 to that Act 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; or
b
is permitted under the Insurance Companies Act 1982 to carry on insurance business of classes 1, 2, 14, 15, 16 and 17 in that Schedule 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 corresponding classes.
.
Information as respects the provision of insurance in other member States
Provision of statements and accounts
13
1
Every insurance company —
a
to which Part II of the 1982 Act applies; and
b
which in a financial year provides insurance in a member State other than the United Kingdom through an establishment in the United Kingdom,
shall prepare in respect of insurance so provided by it a statement in Form 82 (analysis of gross premiums receivable by groups of classes) in accordance with the requirements of the Schedule to these Regulations.
2
Where in any financial year the gross premiums so earned in a member State by an establishment in the United Kingdom exceed 2,500,000 ECU , the company shall also prepare an underwriting account in Form 83 or Form 84 as set out in the Schedule to these Regulations (or both if appropriate).
3
The forms mentioned in paragraphs (1) and (2) above shall be prepared separately in respect of each member State in which the company provides the insurance.
4
Where in any financial year a company provides insurance in a member State other than the United Kingdom through an establishment in the United Kingdom and the conditions specified in paragraph (5) below are met, the Secretary of State may by notice in writing direct the company in future to prepare an underwriting account in Form 83 or Form 84 as set out in the Schedule to these Regulations (or both if appropriate) in respect of the provision of insurance in that member State through its establishment in the United Kingdom.
5
The conditions referred to in paragraph (4) above are that —
a
in that financial year the company earned through all its establishments (in the United Kingdom and elsewhere) gross premiums in excess of 2,500,000 ECU in respect of the provision of insurance in the member State concerned, and
b
the supervisory authorities of the member State in which insurance is provided or, if the head office of the company is situated in a member State other than the United Kingdom, the supervisory authorities of that member State, ask the Secretary of State that an underwriting account be kept by the company’s establishment in the United Kingdom for the operations effected in the member State where the insurance is provided.
6
The statement and any underwriting account required by this regulation shall be printed, and three copies shall be deposited with the Secretary of State within nine months after the end of the financial year to which they relate; but if in any case it is made to appear to the Secretary of State that the circumstances are such that a longer period than nine months should be allowed, the Secretary of State may extend that period by such period not exceeding three months as he thinks fit.
7
One of the copies of any document deposited under paragraph (6) above shall be a copy signed by a director, a chief executive, or the secretary of the company.
8
Where, in accordance with section 81G of the Insurance Companies Act 1982, an insurance company has notified the Secretary of State of its intention to provide insurance in a member State other than the United Kingdom through an establishment in the United Kingdom but in any financial year does not provide insurance in that member State then, subject to paragraph (9) below, the company shall send to the Secretary of State a notification of that fact within nine months after the end of the financial year to which the notification relates, signed by a director, a chief executive, or the secretary of the company.
9
Paragraph (8) above shall not apply if the company has, before the beginning of the financial year, informed the Secretary of State that it no longer intends to provide insurance in the member State in question.
10
The Secretary of State shall consider the documents deposited under paragraph (6) above or the notification given under paragraph (8), and if any such document or notification appears to him to be inaccurate or incomplete in any respect he shall communicate with the company with a view to the correction of any such inaccuracies and the supply of deficiencies.
11
In this regulation —
a
“gross premiums” means premiums after deduction of discounts, refunds, rebates of premium and any taxes or levies that are related to those premiums but before deduction of premiums for reinsurance ceded and before deduction of commission payable by the company;
b
references to the provision of insurance in a member State other than the United Kingdom through an establishment in the United Kingdom shall be construed in accordance with Part IIIA of the 1982 Act;
c
other expressions bear the same meaning as in that Act and the Insurance Companies (Accounts and Statements) Regulations 1983 .
Default in complying with regulation 13
14
1
An insurance company commits an offence if it makes default in complying with regulation 13 above.
2
A person commits an offence if he causes or permits to be included in a form required by regulation 13 above to be deposited with the Secretary of State a statement which he knows to be false in a material particular or recklessly causes or permits to be so included a statement which is false in a material particular.
3
A person committing an offence under this regulation is liable, on summary conviction in England and Wales and Scotland, to a fine not exceeding level 5 on the standard scale and, on summary conviction in Northern Ireland, to a fine not exceeding £2,000.
Application of regulations 13 and 14 to Lloyd's
15
1
Subject to paragraphs (2) and (3) below, regulations 13 and 14 above apply in relation to Lloyd’s as they apply in relation to an insurance company to which Part II of the 1982 Act applies.
2
The information required in the case of Lloyd’s to be included in the statement and underwriting account referred to in regulation 13(6) or the notification referred to in regulation 13(8) is that relating to the members of Lloyd’s taken together.
3
Any such statement, underwriting account or notification shall be signed by the Chairman or a Deputy Chairman, for and on behalf of the Council of Lloyd's.
Miscellaneous and supplemental
Minor amendment to Insurance Companies Regulations 1981
16
In regulation 25A of the Insurance Companies Regulations 1981 (matching: property linked benefits), in paragraph (2) for the words “covered by” substitute the words “determined by reference to”.
Consequential amendments and transitional provisions
17
1
In consequence of the provision made by regulation 13 above, in the Insurance Companies (Accounts and Statements) Regulations 1983 , regulation 13A and Schedule 2A shall be omitted.
2
In respect of a financial year ending on or before 30th November 1992, Form 82, 83 or 84 in the Schedule to these Regulations shall be deemed to have been completed in accordance with that Schedule if it is completed in the form prescribed in Schedule 2A to the Insurance Companies (Accounts and Statements) Regulations 1983 before their amendment by these Regulations.
N. Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
18th November 1992