text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) (No. 4) Order 1992 and shall come into force on 1st December 1992.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st December 1992;
“the new authorities” means Bradford Health Authority and North Yorkshire Health Authority, being in each case an authority established by the National Health Service (District Health Authorities) (No. 4) (Order) 1992 ;
“the old authorities” means Airedale Health Authority, Bradford Health Authority, Harrogate Health Authority, Northallerton Health Authority, Scarborough Health Authority and York Health Authority the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
“the relevant new authority” —
as respects the old authorities Airedale Health Authority and Bradford Health Authority, means Bradford Health Authority;
as respects the old authorities Harrogate Health Authority, Northallerton Health Authority, Scarborough Health Authority and York Health Authority, means North Yorkshire Health Authority.
Variation of districts
2
1
Airedale District is hereby abolished and Bradford District is varied by the inclusion of the former Airedale District, except for that part of that District which comprised the district of Craven in the county of North Yorkshire;
2
(Harrogate District, Northallerton District, Scarborough District and York District are hereby abolished, and there is determined a new district to be known as North Yorkshire District comprising the former Harrogate District, the former Northallerton District, the former Scarborough District and the former York District, and the district of Craven in the county of North Yorkshire.
3
In Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981
a
the entries in columns (1), (2) and (3) relating to Airedale District, Harrogate District, Northallerton District, Scarborough District and York District are omitted;
b
in the entry in column (3) relating to Bradford District for the words from “in the city” to the end of the entry there shall be substituted the words “the city of Bradford.”;
c
immediately before the entries relating to Pontefract District there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of the Schedule to this Order.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by any of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.
Preservation of training arrangements
4
Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.
Enforceability of rights and liabilities
5
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
Winding up of affairs of old authorities
6
It is the duty of each new authority to take, in accordance with such directions as may be given by the Yorkshire Regional Health Authority, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
Accounts of old authorities
7
Any duty imposed on any of the old authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevant new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made by or given to or by the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and to the Yorkshire Regional Health Authority.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in any of the old authorities that power vests on the material date in the relevant new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the relevant new authority.
Amendment of the National Health Service (Determination of Districts) (No. 3) Order 1992
14
In article 1(2) of the National Health Service (Determination of Districts) (No. 3) Order 1992 in the definition of “the new authority”, for the reference to “the National Health Service (District Health Authorities) Order 1992” there shall be substituted a reference to “the National Health Service (District Health Authorities) (No. 3) Order 1992 ”.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
3rd November 1992


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Whiting (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 23rd December 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
Fishing for whiting (Merlangius merlangus) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area (other than those parts of the sea areas ICES Statistical Divisions IIa and Vb which lie outside British fishery limits); or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th December 1992.
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
11th December 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
15th December 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
17th December 1992


text:
1
This Order may be cited as the Combined Probation Areas (Leicestershire) Order 1992 and shall come into force on 1st April 1992.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Leicestershire Probation Committee shall be amended by–
a
omitting the entries in respect of the petty sessions areas of Leicester (City), Leicester (County), Lutterworth and Market Harborough; and
b
inserting in alphabetical order–
i
in column 1 “Leicester” and corresponding to this in column 3 “5”;
ii
in column 1 “Market Harborough and Lutterworth” and corresponding to this in column 3 “1”.
3
The member of the Leicestershire Probation Committee appointed before 1st April 1992 by the justices for the petty sessions area of Ashby de la Zouch shall continue in office as if he had been appointed by the justices for the new petty sessions area of Ashby de la Zouch.
4
The five members of the Leicestershire Probation Committee appointed before 1st April 1992 by the justices for the petty sessions area of Leicester (City) shall continue in office as if appointed by the justices for the new petty sessions area of Leicester.
5
The member of the Leicestershire Probation Committee appointed before 1st April 1992 by the justices for the petty sessions area of Loughborough shall continue in office as if he had been appointed by the justices for the new petty sessions area of Loughborough.
6
The member of the Leicestershire Probation Committee appointed before 1st April 1992 by the justices for the petty sessions area of Market Bosworth shall continue in office as if he had been appointed by the justices for the new petty sessions area of Market Bosworth.
7
The members of the Leicestershire Probation Committee appointed before 1st April 1992 by the justices for the petty sessions areas of Lutterworth and Market Harborough shall decide by agreement, or in default of agreement by lot, which one of them shall continue in office as if he had been appointed by the justices for the new petty sessions area of Market Harborough and Lutterworth.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
27th March 1992


text:
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1992 and shall come into force on 24th March 1992.
2
The Insurance Companies Regulations 1981 (“the principal regulations”) shall have effect subject to the amendment set out in these Regulations.
2
In Regulation 37(1) of the principal regulations in the definition of “traded option” there shall be inserted the words “, The London International Financial Futures and Option Exchange” after the words “The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited”.
John Redwood
Minister of State,
Department of Trade and Industry
29th February 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Queen’s Medical Centre, Nottingham, University Hospital 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 Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Queen’s Medical Centre, Nottingham, University Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Queen’s Medical Centre, Nottingham, University Hospital, Derby Road, Nottingham NG7 2UH and associated clinics (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from Nottingham University.
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 Nottingham 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 Nottingham 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 Nottingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Fines (Deductions from Income Support) Regulations 1992 and shall come into force on 1st October 1992.
2
In these Regulations, unless the context otherwise requires —
“the 1971 Act ” means the Vehicles (Excise) Act 1971 ;
“the 1973 Act ” means the Powers of Criminal Courts Act 1973 ;
“the 1992 Act ” means the Social Security Administration Act 1992 ;
“adjudication officer” means an officer appointed in accordance with section 38(1) of the 1992 Act;
“application” means an application made under regulation 2 in the form and containing the information specified in regulation 3(1);
“appropriate appeal court” means, except in regulation 9(9), the appropriate court as determined in accordance with regulation 9(9) and 9(10);
“benefit week” has the meaning prescribed in regulation 2(1) of the Income Support Regulations ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“ Commissioner ” means the Chief or any other Social Security Commissioner appointed in accordance with section 52(1) or (2) of the 1992 Act and includes a Tribunal of Commissioners constituted in accordance with section 57(1) of that Act;
“court” means in England and Wales a magistrates' court and in Scotland a court;
“5 per cent. of the personal allowance for a single claimant aged not less than 25” means, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent to the next higher such multiple;
“Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“payments to third parties” means direct payments to third parties in accordance with Schedules 9 and 9A to the Claims and Payments Regulations, regulation 2(4) of the Community Charges (Deductions from Income Support) ( No. 2) Regulations 1990 and regulation 2(4) of the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 ;
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(e) of column 2 of Schedule 2 to the Income Support Regulations;
“social security office” means an office of the Department of Social Security which is open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is open to the public for the receipt of claims for unemployment benefit;
“tribunal” means a social security appeal tribunal constituted in accordance with section 41 of the 1992 Act; and
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.
Application for deductions from income support
2
1
Where a fine has been imposed on an offender by a court or a sum is required to be paid by a compensation order which has been made against an offender by a court and (in either case) the offender is entitled to income support, the court may, subject to paragraph (2), apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of income support, in order to secure the payment of any sum which is or forms part of the fine or compensation.
2
Before making an application the court shall make an enquiry as to the offender’s means.
Contents of application
3
1
An application shall be made in the form set out in Schedule 3, or a form to like effect, and shall contain the following information —
a
the name and address of the offender, and, if it is known, his date of birth;
b
the date when the fine was imposed or the compensation order made;
c
the name and address of the court imposing the fine or making the compensation order;
d
the amount of the fine or the amount payable by the compensation order as the case may be;
e
the date on which the application is made;
f
the date on which the court enquired into the offender’s means;
g
whether the offender has defaulted in paying the fine, compensation order or any instalment of either.
2
A court making an application shall serve it on the Secretary of State by sending or delivering it to a social security office.
3
Where it appears to the Secretary of State that an application from a court gives insufficient information to enable the offender to be identified, he may require the court to furnish such further information as he may reasonably require for that purpose.
Reference to adjudication officer
4
1
Where the Secretary of State receives an application from a court in respect ofan offender, he shall, subject to regulation 7(4), refer it forthwith to an adjudication officer who shall determine the following questions —
a
whether there is sufficient entitlement to income support to enable the Secretary of State to make any deduction at a rate of 5 per cent. of the personal allowance for a single claimant aged not less than 25;
b
the priority of any sum to be deducted as against any payments to third parties where there is insufficient entitlement to income support to meet both any deduction under regulation 6 and to make payments to third parties and where there is such an insufficiency of entitlement to income support the following priorities shall apply —
i
any liability mentioned in paragraph 3(5)
of Schedule 9A (mortgage interest) to the Claims and Payments Regulations;
ii
any liability mentioned in paragraph 3 of Schedule 9 (housing costs) to those Regulations;
iii
any liability mentioned in paragraph 5 of Schedule 9 (service charges for fuel, and rent not falling within paragraph 2(1)(a)) to those Regulations;
iv
any liability mentioned in paragraph 6 of Schedule 9 (fuel costs) to those Regulations;
v
any liability mentioned in paragraph 7 of Schedule 9 (water charges) to those Regulations;
vi
any liability for arrears in respect of community charges mentioned in regulation 2 of the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 or regulation 2 of the Community Charges (Deductions from Income Support) Scotland Regulations 1989 (deductions from income support);
vii
any liability mentioned in regulation 6.
2
The adjudication officer shall determine there is sufficient entitlement to income support if —
a
the amount payable by way of income support after any deduction to be made under regulation 6 is 10 pence or more; and
b
where payments to third parties are being made, the aggregate amount of any payments under paragraphs 3(2)(a), 5(6), 6(2)(a), 7(3)(a) and 7(5)(a) of Schedule 9 and paragraph 3(5) of Schedule 9A to the Claims and Payments Regulations together with the amount to be deducted under regulation 6 does not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.
3
The adjudication officer shall determine these questions, so far as is practicable, within 14 days of receipt of the reference from the Secretary of State.
Notification of decision
5
The Secretary of State shall notify the offender and the court in writing of the adjudication officer’s decision so far as is practicable within 14 days from the date on which he receives that decision and at the same time he shall notify the offender of his right of appeal.
Deductions from offender’s income support
6
Where the adjudication officer has determined that there is sufficient entitlement to income support the Secretary of State may deduct a sum equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 and pay that sum to the court towards satisfaction of the fine or the sum required to be paid by compensation order.
Circumstances, time of making and termination of deductions
7
1
The Secretary of State may make deductions from income support under regulation 6 only if —
a
the offender is entitled to income support throughout any benefit week; and
b
no deductions are being made in respect of the offender under any other application.
2
The Secretary of State shall not make a deduction unless —
a
the offender at the date of application by the court is aged not less than 18;
b
the offender is entitled to income support; and
c
the offender has defaulted in paying the fine, compensation order or any instalment of either.
3
The Secretary of State shall make deductions from income support by reference to the times at which payment of income support is made to the offender .
4
The Secretary of State shall cease making deductions from income support if —
a
there is no longer sufficient entitlement to income support to enable him to make the deduction;
b
entitlement to income support ceases;
c
a court withdraws its application for deductions to be made; or
d
the liability to make payment of the fine or under the compensation order as the case may be has ceased.
5
Where at any time during which the Secretary of State is making deductions in respect of an application he receives one or more further applications in respect of the offender from whom the deductions are being made, he shall refer those further applications to the adjudication officer in accordance with the following order of priority, namely, the one bearing the earliest date shall be referred first and each subsequent application shall be referred, one at a time and in date order, only after deductions under any earlier application have ceased.
6
Payments of sums deducted from income support by the Secretary of State under these Regulations shall be made to the court at intervals of 13 weeks.
7
Where the whole of the amount to which the application relates has been paid, the court shall so far as is practicable give notice of that fact within 21 days to the Secretary of State.
8
The Secretary of State shall notify the offender in writing of the total of sums deducted by him under any application —
a
on receipt of a written request for such information from the offender; or
b
on the termination of deductions made under any such application.
Withdrawal of application
8
A court may withdraw an application at any time by giving notice in writing to the social security office to which the application was sent or delivered.
Appeal
9
1
Where the adjudication officer has determined a question under regulation 4, the offender may appeal to a tribunal.
2
Subject to paragraph (5), an appeal lies to a Commissioner from any decision of a tribunal on the grounds that the decision of that tribunal was erroneous in point of law and the persons who may appeal are the offender and the adjudication officer.
3
If it appears to the Chief Commissioner or, in the case of his inability to act, to such other of the Commissioners, as he may have nominated to act for that purpose, that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone but by a Tribunal consisting of any three of the Commissioners and if the decision is not unanimous, the decision of the majority shall be the decision of the Tribunal.
4
Subject to paragraph (5), an appeal on a question of law lies to the appropriate appeal court from any decision of a Commissioner and the persons who may appeal are —
a
the offender;
b
the adjudication officer; and
c
the Secretary of State.
5
No appeal lies —
a
to the Commissioner from a decision of a tribunal without the leave of the chairman of the tribunal which gave the decision or, if he refuses leave, without the leave of a Commissioner, or
b
to the appropriate appeal court from a decision of a Commissioner, without the leave of the Commissioner who decided the case, or if he refuses, without the leave of the appropriate appeal court.
6
Where in any case it is impracticable, or it would be likely to cause undue delay, for an application for leave to appeal against a decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under section 41(4) of the 1992 Act to act as a chairman of tribunals.
7
In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for an application for leave to appeal to the appropriate appeal court to be determined by the Commissioner who decided the case, that application shall be determined —
a
where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner, and
b
where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.
8
If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (7) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.
9
an application to a Commissioner for leave under this regulation it shall be the duty of the Commissioner to specify as the appropriate court —
a
the Court of Appeal if it appears to him that the relevant place is in England and Wales; and
b
the Court of Session if it appears to him that the relevant place is in Scotland;
except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) and (b) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
10
In paragraph (9) —
“the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the tribunal whose decision was the subject of the Commissioner’s decision usually exercises its functions.
Review
10
1
Any decision under these Regulations of an adjudication officer, a tribunal or a Commissioner may be reviewed at any time by an adjudication officer, if —
a
the officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
b
there has been a relevant change of circumstances since the decision was given.
2
Any decision of an adjudication officer may be reviewed by an adjudication officer on the grounds that the decision was erroneous in point of law.
3
A question may be raised with a view to review under this regulation by means of an application in writing to an adjudication officer, stating the grounds of the application.
4
On receipt of any such application, the adjudication officer shall take it into consideration and, so far as is practicable, dispose of it within 14 days of its receipt.
5
A decision given by way of revision or a refusal to review under this regulation shall be subject to appeal in the same manner as an original decision and regulation 9(1) and Schedule 2 shall apply with the necessary modification in relation to a decision given on review as they apply to the original decision on a question.
Correction of accidental errors
11
1
Subject to regulation 13, accidental errors in any decision or record of a decision made under regulations 4, 9 and 10 and Schedule 2 may at any time be corrected by the person or tribunal by whom the decision was made or a person or tribunal of like status.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and written notice of it shall be given as soon as is practicable to every party to the proceedings.
Setting aside decisions on certain grounds
12
1
Subject to regulation 13, on an application made by a party to the proceedings, a decision, made under regulation 4, 9, 10 and Schedule 2 by an adjudication officer, a tribunal or a Commissioner (“the adjudicating authority”), together with any determination given on an application for leave to appeal to a Commissioner or the appropriate appeal court against such a decision may be set aside by the adjudicating authority which gave the decision or an authority of like status, in a case where it appears just to set that decision aside on the grounds that —
a
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by a party to the proceedings or their representative or was not received at the appropriate time by the person or tribunal who gave the decision;
b
in the case of an appeal to a tribunal or an oral hearing before a Commissioner a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing relating to the proceedings; or
c
the interests of justice so require.
2
An application under this regulation shall be made in accordance with regulation 14 and Schedule 1.
3
Where an application to set aside is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
4
Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
5
For the purpose of determining under these Regulations an application to set aside a decision, there shall be disregarded, but subject to any contrary intention, any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to that person’s last known notified address.
Provisions common to regulation 11 and 12
13
1
In calculating any time specified in Schedule 1 there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 11 or on which notice is given that a determination of a decision shall not be set aside following an application under regulation 12, as the case may be.
2
There shall be no appeal against a correction made under regulation 11 or a refusal to make such a correction or against a determination under regulation 12.
3
Nothing in regulation 11 or 12 shall be construed as derogating from any inherent or other power to correct or set aside decisions which is exercisable apart from these Regulations.
Manner of making applications or appeals and time limits
14
1
Any application or appeal set out in Column (1) of Schedule 1 shall be in writing and shall be made or given by sending or delivering it to the appropriate office within the specified time.
2
In this regulation —
a
“appropriate office” means the office specified in Column (2) of Schedule 1 opposite the description of the relevant application or appeal listed in Column (1); and
b
“specified time” means the time specified in Column (3) of that Schedule opposite the description of the relevant application or appeal so listed.
3
The time specified by this regulation and Schedule 1 for the making of any application or appeal (except an application to the chairman of a tribunal for leave to appeal to a Commissioner) may be extended for special reasons, even though the time so specified may already have expired, and any application for an extension of time under this paragraph shall be made to and determined by the person to whom the application or appeal is sought to be made or, in the case of a tribunal, its chairman.
4
An application under paragraph (3) for an extension of time (except where it is made to a Commissioner) which has been refused may not be renewed.
5
Any application or appeal set out in Column (1) of Schedule 1 shall be in writing and shall contain: —
a
the name and address of the appellant or applicant;
b
the particulars of the grounds on which the appeal or application is to be made or given; and
c
his address for service of documents if it is different from that in sub-paragraph (a);
and in the case of an appeal to the Commissioner, but subject to paragraph 21(2) of Schedule 2, the notice of appeal shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.
6
Where it appears to an adjudication officer, chairman of a tribunal or Commis sioner that an application or appeal which is made to him, or to the tribunal, gives insufficient particulars to enable the question at issue to be determined, he may require, and in the case of a Commissioner, direct that the person making the application or appeal shall furnish such further particulars as may reasonably be required.
7
The conduct and procedure in relation to any application or appeal shall be in accordance with Schedule 2.
Manner and time for the service of notices etc.
15
1
Any notice or other document required or authorised to be given or sent to any person under these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that party at his ordinary or last notified address.
2
Any notice or other document required or authorised to be given or sent to anappropriate social security office or office of the clerk to a tribunal shall be treated as having been so given or sent on the day that it is received in the appropriate social security office or office of the clerk to the tribunal.
3
Any notice or document required to be given, sent or submitted to, or served on, a Commissioner —
a
shall be given, sent or submitted to an office of the Social Security Commissioners;
b
shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Social Security Commissioners.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
9th September 1992


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Interest Payments) (Information Powers) Regulations 1992, shall come into force on 30th January 1992 and shall have effect with respect to payments made in the year 1991-92 and subsequent years of assessment.
Interpretation
2
In these Regulations unless the context otherwise requires —
“account-holder” means the holder of an account in relation to which a payment is made;
“ the Board ” means the Commissioners of Inland Revenue;
“deposit-taker” has the meaning given by section 481(2) of the Taxes Act ;
“the Deposit-takers Regulations ” means the Income Tax (Deposit-takers) (Interest Payments) Regulations 1990 ;
“the Management Act ” means the Taxes Management Act 1970;
“payment” means a payment of interest and, in relation to a payment in respect of which further information may be required to be contained in a section 17 return pursuant to these Regulations, includes “credit”;
“section 17(1)” and “section 18(1)” means sections 17(1) and 18(1) respectively of the Management Act;
“section 17 return” means a return under section 17(1);
“section 18 information” means information required to be furnished under section 18(1);
“the Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“year” means a year beginning with 6th April in any year and ending with 5th April in the following year.
Introductory
3
These Regulations —
a
provide that a section 17 return shall contain such further information as is prescribed by the Regulations if the notice requiring the return specifies that information and requires it to be contained in the return;
b
provide that a person required to furnish section 18 information shall furnish at the same time such further information as is prescribed by the Regulations if the notice concerned specifies that information and requires it to be so furnished;
c
provide that in certain cases a notice under section 17(1) or section 18(1) shall not require prescribed further information;
d
in prescribing that further information make different provision as between —
i
cases where payments are made in circumstances where a certificate has been given under regulation 5 of the Deposit-takers Regulations, and
ii
other cases;
e
make provision for the form in which section 18 information and information required to be furnished with section 18 information in those cases shall be furnished.
Requirement and conditions for further information
4
1
Subject to the conditions specified in paragraph (2), a section 17 return shall contain such further information as is prescribed by regulations 5(3) and 6(2) and a person required to furnish section 18 information shall furnish at the same time such further information as is prescribed by regulations 5(3) (b) and 6(2).
2
The conditions specified in this paragraph are that —
a
as regards a section 17 return, the notice under section 17(1) requiring the return specifies the further information referred to in paragraph (1) and requires it to be contained in the return;
b
as regards section 18 information, the notice under section 18(1) requiring the section 18 information to be furnished specifies the further information referred to in paragraph (1) and requires it to be furnished at the same time as the section 18 information.
3
In the cases specified in paragraph (4), a notice under section 17(1) shall not require the further information to be contained in a section 17 return, and a notice under section 18(1) shall not require the further information to be furnished at the same time as section 18 information.
4
The cases specified in this paragraph are payments made in respect of an account which is a tax-exempt special savings account for the purposes of section 326A of the Taxes Act.
Further information — cases where certificate of non-liability to tax is given
5
1
Paragraph (3) prescribes in relation to the cases specified in paragraph (2) the further information which, subject to regulation 4, is required to be contained in a section 17 return or to be furnished at the same time as section 18 information.
2
The cases specified in this paragraph are where a payment is made in circumstances in which a certificate has been given under regulation 5 of the Deposit-takers Regulations that the person beneficially entitled to the payment is unlikely to be liable to pay any amount by way of income tax for the year in which the payment is made.
3
The further information prescribed by this paragraph is —
a
as regards information to be contained in a section 17 return, the name and address of the person or, if more than one, each person by or on behalf of whom a certificate has been given in connection with the payment (in sub-paragraph (b) referred to as “the beneficiary”) if other than the person or persons to whom the payment was made;
b
as regards information to be contained in a section 17 return or to be furnished at the same time as section 18 information —
i
the date of birth of the beneficiary;
ii
the national insurance number of the beneficiary if furnished to the deposit-taker pursuant to regulation 5 of, and the Schedule to, the Deposit-takers Regulations;
iii
notification of the fact that the account in respect of which the payment was made is or was one in connection with which acertificate or certificates had been given which had not ceased to be valid at the 5th April in the year in which the payment was made or at the date of closure of the account, if earlier in that year;
iv
the reference number of the account referred to in paragraph (iii) and, where necessary for identifying the account, the branch of the payer where the account is held;
v
where the payment was made to two or more account-holders each of whom was beneficially entitled to the payment, notification of that fact and, if known, the number of such persons;
vi
if furnished to the deposit-taker in connection with the account, the dates of birth and national insurance numbers of persons referred to in paragraph (v) other than the beneficiary referred to in paragraphs (i) and (ii);
vii
where a certificate was given by or on behalf of one or more, but not all, of the persons referred to in paragraph (v) and had not ceased to be valid at the 5th April in the year in which the payment was made or at the date of closure of the account, if earlier in that year, notification of those facts;
viii
where the payment was the first payment made in respect of an account, notification of that fact;
ix
where the payment was in a currency other than sterling and the amount of the payment is recorded in that currency in a section 17 return or as part of section 18 information, notification of the fact that the amount is so recorded and specification of the currency concerned.
Further information — other cases
6
1
Paragraph (2) prescribes in relation to cases to which regulation 5 does not apply the further information which, subject to regulation 4, is to be contained in a section 17 return or to be furnished with section 18 information.
2
The further information prescribed by this paragraph is —
a
the reference number of the account in respect of which a payment was made and, where necessary for identifying the account, the branch of the payer where the account is held;
b
where a payment was made to two or more account-holders each of whom was beneficially entitled to the payment, notification of that fact and, if known, the number of such persons;
c
if furnished in connection with the account, the date of birth and national insurance number of the person or, where sub-paragraph (b) applies, each person to whom a payment was made;
d
where a payment made in the course of the year was the first payment in respect of an account, notification of that fact;
e
where a payment was in a currency other than sterling and the amount of the payment is recorded in that currency in a section 17 return or as part of section 18 information, notification of the fact that the amount is so recorded and specification of the currency concerned.
Form of information to be furnished
7
Where a notice under section 18(1) —
a
requires section 18 information to be furnished, or
b
specifies the further information prescribed by regulations 5(3) (b) and 6(2) and requires it to be furnished with section 18 information, and
c
specifies the form in which information within paragraph (a) or (b) is to be furnished,
the information shall be furnished in that form.
A. M. W. Battishill
L. J. H. Beignton
Two of the Commissioners of Inland Revenue
8th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Community and Mental Health Services Teaching National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Leeds Community and Mental Health Services Teaching 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 Leeds Community and Mental Health Services Teaching National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at St Mary’s Hospital, Green Hill Road, Leeds LS12 3QE and associated hospitals (including the management of its teaching and research facilities;
b
to manage community health services provided from Park House, Meanwood Park Hospital, Leeds LS6 4QB and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from Leeds University.
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 Leeds Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Leeds 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 Leeds 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:
1
1
These Regulations may be cited as the Finance Act 1986 (Stamp Duty and Stamp Duty Reserve Tax) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The day specified in these Regulations for the purpose of regulations under subsection (5) of section 81 of the Finance Act 1986 in accordance with subsection (6) of that section is 1st January 1993.
2
For subsection (3) of section 81 of the Finance Act 1986 there shall be substituted the following subsection —
3
For the purposes of this section a person is a market maker in stock of a particular kind —
a
if he —
i
holds himself out at all normal times in compliance with the rules of The Stock Exchange as willing to buy and sell stock of that kind at a price specified by him, and
ii
is recognised as doing so by the Council of The Stock Exchange; or
b
if —
i
he is an authorised person under Chapter III of Part I of the Financial Services Act 1986 ,
ii
he carried out the transaction in the course of his business as a dealer in investments, within the meaning of paragraph 12 of Schedule 1 to the Financial Services Act 1986 , as a principal and in circumstances where that paragraph was applicable for the purposes of that Act,
iii
he did not carry out the transaction in the course of any activities which fall within paragraph 14 or 16 of Schedule 1 to the Financial Services Act 1986, and
iv
the stock was not at the time the transaction was carried out dealt in on a recognised investment exchange; or
c
if —
i
that person is a European institution, within the meaning of regulation 3 of the Banking Coordination (Second Council Directive) Regulations 1992 , which carries on investment business, within the meaning of section 1(2) of the Financial Services Act 1986, in the United Kingdom,
ii
the transaction was carried out by the institution as a principal in the course of its investment business,
iii
the transaction was not carried out in the course of any activities which fall within paragraph 14 or 16 of Schedule 1 to the Financial Services Act 1986, and
iv
the stock was not at the time the transaction was carried out dealt in on a recognised investment exchange.
.
3
For subsection (3) of section 89 of the Finance Act 1986 there shall be substituted the following subsection —
3
For the purposes of this section a person is a market maker in securities of a particular kind —
a
if he —
i
holds himself out at all normal times in compliance with the rules of The Stock Exchange as willing to buy and sell securities of that kind at a price specified by him, and
ii
is recognised as doing so by the Council of The Stock Exchange; or
b
if —
i
he is an authorised person under Chapter III of Part I of the Financial Services Act 1986,
ii
he makes the agreement in the course of his business as a dealer in investments, within the meaning of paragraph 12 of Schedule 1 to the Financial Services Act 1986, as a principal and in circumstances where that paragraph is applicable for the purposes of that Act,
iii
he does not make the agreement in the course of any activities which fall within paragraph 14 or 16 of Schedule 1 to the Financial Services Act 1986, and
iv
the securities are not at the time the agreement is made dealt in on a recognised investment exchange within the meaning of the Financial Services Act 1986; or
c
if —
i
that person is a European institution, within the meaning of regulation 3 of the Banking Coordination (Second Council Directive) Regulations 1992, which carries on investment business, within the meaning of section 1(2) of the Financial Services Act 1986, in the United Kingdom,
ii
the agreement is made by the institution as a principal in the course of its investment business,
iii
the agreement is not made in the course of any activities which fall within paragraph 14 or 16 of Schedule 1 to the Financial Services Act 1986, and
iv
the securities are not at the time the agreement is made dealt in on a recognised investment exchange within the meaning of the Financial Services Act 1986.
.
4
The Finance Act 1986 (Stamp Duty and Stamp Duty Reserve Tax) (Amendment) Regulations 1988 are hereby revoked.
Tim Wood
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd December 1992


text:
Citation and Commencement
1
These Regulations may be cited as The Road Traffic (Courses for Drink-Drive Offenders) Regulations 1992 and shall come into force on 24th December 1992.
Interpretation
2
In these Regulations–
“ the Act ” means the Road Traffic Offenders Act 1988;
“course” means a course approved by the Secretary of State for the purposes of section 34A of the Act;
“manager”, in relation to a course, means the person for the time being nominated as the manager of the course by the Secretary of State.
Certificate of completion
3
The certificate referred to in section 34B(1) of the Act shall be a certificate in such form and contain such particulars as may from time to time be determined by the Secretary of State.
Course organiser
4
The person responsible for giving the certificates mentioned in section 34B(1) of the Act in respect of the completion of a course shall be the person for the time being nominated for that purpose by the manager.
Notice of non-completion
5
A notice under subsection (5) of section 34B of the Act shall, for the purposes of that subsection, be treated as given a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that it was returned as undelivered or was for any other reason not received by him.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary under Secretary of State,
Department of Transport
2nd December 1992


text:
Citation and commencement
1
This Order may be cited as the Social Security (Class 1 Contributions–Contracted-out Percentages) Order 1992, and shall come into force on 6th April 1993.
Alteration of contracted-out rates of Class 1 contributions
2
In the definition of “the contracted-out percentage” contained in section 27(2) of the Social Security Pensions Act 1975 the following alterations shall be made–
a
for the figure “2.0” there shall be substituted “1.8”; and
b
for the figure “3.8” there shall be substituted “3.0”.
Consequential provision
3
In paragraph 2(2) of Schedule 3 to the Social Security Pensions Act 1975 (priority in bankruptcy: employer’s contributions to an occupational pension scheme), so far as the percentages specified in that paragraph apply in relation to earnings paid or payable as from 6th April 1993 the following alterations shall be made–
a
for the figure “5.8” there shall be substituted “4.8”; and
b
for the figure “3.8” there shall be substituted “3.0”.
Revocation and Saving
4
The Social Security (Class 1 Contributions–Contracted-out Percentages) Order 1987 is hereby revoked so however that such revocation shall not affect the operation of article 3 of that Order in relation to earnings paid or payable prior to the 6th April 1993.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
16th March 1992


text:
Citation and Commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1992 and shall come into force on 16th October 1992.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purpose of section 156 of the Housing Act 1985 (priority of charges):
a
Barshelfco ( No. 39) Limited;
b
Barshelfco (No. 40) Limited;
c
Barshelfco (No. 41) Limited;
d
Bradford & Bingley Homeloans Limited;
e
Bradford & Bingley Homeloans Limited;
f
Bradford & Bingley Mortgages Limited;
g
Bradford & Bingley Mortgage Management Limited;
h
North Yorkshire Mortgage Management Limited;
i
Northern Rock Mortgage Services Limited;
j
London and Manchester (Mortgages) (No. 5) Limited;
k
London and Manchester (Mortgages) (No. 6) Limited.
Michael Howard
Secretary of State for the Environment
3rd September 1992
We consent,
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
25th September 1992


text:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 10 and Transitional Provision) Order 1992.
Provisions coming into force on 17th July 1992
2
The following provisions of the Planning and Compensation Act 1991 shall come into force on 17th July 1992 —
section 16, so far as it is not yet in force;
section 20, so far as it is not yet in force;
section 32, so far as it relates to the provisions of Schedule 7 set out in the first column of Schedule 1 to this Order, and, where there is an entry against that provision in the second column of that Schedule, to the extent therein provided; and
section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 specified in Schedule 2 to this Order.
Transitional provision
3
Section 20 of the Planning and Compensation Act 1991 shall not have effect in relation to any development where a resolution under regulation 4(1) or 5(2) of the Town and Country Planning General Regulations 1976 , as the case may be, has been passed before 17th July 1992.
Signed by authority of the Secretary of State for the Environment
Sir George Young
Minister of State,
Department of the Environment
22nd June 1992
David Hunt
Secretary of State for Wales
23rd June 1992


text:
PART I
PRELIMINARY
1
This Order may be cited as the Customs and Excise (Personal Reliefs for Special Visitors) Order 1992 and shall come into force on 1st January 1993.
PART II
INTERPRETATION
2
In this Order–
“acquisition” means an acquisition of goods from another member State within the meaning of section 2A of the Value Added Tax Act 1983 , and “acquired” shall be construed accordingly;
“duty” means any duty of customs or duty of excise;
“importation” means an importation from a place outside the member States, and “imported” shall be construed accordingly;
“relief” means the remission of any duty or tax which is chargeable and which a person, whether the person upon whom the relief is conferred or some other person, would be liable to pay were it not for the relief conferred;
“supply” means a supply within the meaning of section 3 of the Value Added Tax Act 1983 and “supplied” shall be construed accordingly;
“tax” means value added tax;
“United Kingdom national” means a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;
“used”, in relation to a person’s use of consumable property, includes having theproperty at his disposal;
“warehouse” means a warehouse within the meaning of section 1(1) of the Customs and Excise Management Act 1979 , and “removal from warehouse” shall be construed accordingly.
PART III
CONDITIONS ATTACHING TO PART VI RELIEFS
3
In this Part–
“entitled person” means an entitled person for the purposes of Part VI.
4
It shall be a condition of the relief conferred under article 16 below that the entitled person deliver or cause to be delivered to the supplier of the motor vehicle a certificate in the form numbered 1 in the Schedule to this Order–
a
containing full information in respect of the matters specified therein; and
b
signed–
i
as to Part A, by the entitled person upon whom the relief is conferred;
ii
as to Part B, by the head of the mission or other body or organisation of which the entitled person is a member;
iii
as to Part C, by the Secretary of State or a person authorised to sign on his behalf; and
iv
as to Part D, by the supplier,
before the supply is made.
PART IV
CONDITIONS ATTACHING TO PART VII RELIEFS
5
1
In this Part–
“entitled person” means an entitled person for the purposes of Part VII.
2
For the purposes of articles 6 and 7 below, any reference to a certificate shall be construed as including a reference to a copy of such a certificate.
6
1
It shall be a condition of relief conferred under article 19 below that the entitled person deliver or cause to be delivered in accordance with paragraph (2) below five certificates in the form numbered 2 in the Schedule to this Order–
a
containing full information in respect of the matters specified therein; and
b
signed–
i
as to Part A, by the entitled person upon whom the relief is conferred; and
ii
as to Part B, by the officer commanding the visiting force or other body or organisation of which the entitled person is a member or by a person authorised to sign on his behalf.
2
The certificates referred to in paragraph (1) above shall be delivered before the supply is made as follows:
a
two certificates shall be delivered to the visiting force or other body or organisation of which the entitled person is a member;
b
two certificates shall be delivered to the proper officer; and
c
one certificate shall be delivered to the supplier of the motor vehicle.
7
1
It shall be a condition of relief conferred under article 20 below in respect of a motor vehicle that the entitled person deliver or cause to be delivered in accordance with paragraph (2) below four certificates in the form numbered 3 in the Schedule to this Order–
a
containing full information in respect of the matters specified therein; and
b
signed–
i
as to Part A, by the entitled person upon whom the relief is conferred; and
ii
as to Part B, by the officer commanding the visiting force or other body or organisation of which the entitled person is a member or by a person authorised to sign on his behalf.
2
The certificates referred to in paragraph (1) above shall be delivered before the goods are removed by or on behalf of the entitled person as follows:
a
one certificate shall be delivered to the visiting force or other body or organisation of which the entitled person is a member; and
b
three certificates shall be delivered to the proper officer.
PART V
CONDITIONS ATTACHING TO ALL RELIEFS
8
In this Part–
“entitled person” means an entitled person for the purposes of either part VI or Part VII of this Order.
9
An entitled person upon whom any relief is conferred under any Part of this Order shall be bound by the conditions described in the following provisions of this Part and in Part III or IV above, as the case may be.
10
1
It shall be a condition of the relief that the goods shall not be lent, hired-out, given as security or transferred by the entitled person or any other person without the prior authorisation in writing of the Commissioners.
2
Where the Commissioners authorise such disposal as is mentioned in paragraph (1) above, they may discharge the relief and the entitled person to whom the relief was afforded shall forthwith pay the duty or tax at the rate then in force, provided that where a lower rate was in force when relief was afforded the amount payable shall be determined by reference to the lower rate.
11
It shall be a condition of the relief that the goods are used exclusively by the entitled person or members of his family forming part of his household.
12
Where relief has been afforded and subsequently the Commissioners are not satisfied that any condition attaching to such relief, whether by virtue of a provision of this Order or otherwise, has been complied with, then, unless the Commissioners sanction the non-compliance in writing, the duty or tax shall become payable forthwith and the goods shall be liable to forfeiture.
13
Where relief has been afforded, but any duty or tax subsequently becomes payable by virtue or article 12 above, the following persons shall be jointly and severally liable to pay it–
a
the entitled person upon whom the relief was conferred;
b
any person who, at or after the time of the non-compliance with the condition which has caused the duty or tax to become payable, has been in possession of the goods.
PART VI
DIPLOMATS ETC
14
In this Part–
“entitled person” means:
any person enjoying any privilege or immunity by virtue or his being–
a diplomatic agent for the purposes of the Diplomatic Privileges Act 1964 ,
a senior officer of the Commonwealth Secretariat for the purposes of the Commonwealth Secretariat Act 1966 ,
a consular officer for the purposes of the Consular Relations Act 1968 ,
a representative or a person recognised as holding a rank equivalent to a diplomatic agent for the purposes of the International Organisations Act 1968 , or
any person enjoying, under or by virtue of section 2 of the European Communities Act 1972 , any privilege or immunity similar to those enjoyed under or by virtue of the enactments referred to in paragraph (a) above by the persons therein specified,
who is neither a United Kingdom national nor a permanent resident of the United Kingdom.
15
Where any tobacco product or beverage containing alcohol is removed from warehouse in the course of its being supplied to an entitled person, payment of any duty or tax chargeable in respect of the removal from warehouse or supply shall not be required.
16
1
Subject to the following provisions of this article, where an entitled person purchases a motor vehicle which has been manufactured in a country, other than the United Kingdom, which is–
a
a member State; or
b
a member of the European Free Trade Association,
payment of any tax chargeable in respect of the supply shall not be required.
2
No relief shall be afforded under paragraph (1) above if the entitled person has previously been afforded relief in respect of any other motor vehicle, whether under paragraph (1) above or otherwise, unless he has disposed of all previous motor vehicles in respect of which relief has been so afforded and paid any duty or tax which was required to be paid under article 10(2) above.
3
Where the spouse of the entitled person is present in the United Kingdom, paragraph (2) above shall apply as if the words “(or all but one)” were inserted after the words “motor vehicles”.
17
Nothing in this Part of this Order shall be taken as conferring relief in respect of any duty or tax which is subject to remission or refund by or under any of the enactments referred to in article 14 above.
PART VII
VISITING FORCES AND HEADQUARTERS
18
In this Part–
“entitled person” means a person who is–
for the purposes of any provision of the Visiting Forces Act 1952 , a serving member of a visiting force of a country, other than the United Kingdom, which is a party to the North Atlantic Treaty, or a person recognised by the Secretary of State as a member of a civilian component of such a force, or
a person who is a military or civilian member of a headquarters or organisation designated for the purposes of any provision of the International Headquarters and Defence Organisations Act 1964 ,
who is neither a United Kingdom national nor a permanent resident of the United Kingdom.
19
Subject to article 22 below, where an entitled person purchases a motor vehicle which has been manufactured in a country which is–
a
a member State; or
b
a member of the European Free Trade Association,
payment of any tax in respect of the supply shall not be required.
20
Subject to article 22 below, where an entitled person imports, acquires or removes from warehouse any goods, payment of any duty or tax chargeable in respect of the importation, acquisition or removal from warehouse shall not be required.
21
Subject to article 22 below, where a gift of goods, other than tobacco products or beverages containing alcohol, is made to an entitled person by dispatching them to him from a place outside the United Kingdom, payment of any duty or tax chargeable in respect of their acquisition or importation shall not be required.
22
1
No relief shall be afforded under this Part of this Order in respect of a motor vehicle if the entitled person has previously been afforded relief under this Order in respect of any other motor vehicle, unless he has disposed of all previous motor vehicles in respect of which relief has been so afforded and paid any duty or tax which was required to be paid under article 10(2) above.
2
Where the spouse of the entitled person is present in the United Kingdom, paragraph (1) above shall apply as if the words “(or all but one)” were inserted after the words “motor vehicles”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
10th December 1992