text:
1
The length of the trunk road described in the Schedule to this Order and shown by a broken black line on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Hertfordshire that the new trunk roads are open for through traffic.
2
In this Order:
a
each measurement of distance is measured along the route of the relevant highway;
b
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/333 marked “The A10 Trunk Road (North of Ware to South of Puckeridge) (Detrunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the trunk roads which the Secretary of State is authorised to construct in pursuance of the A10 Trunk Road (Wadesmill, High Cross and Colliers End Bypass and Slip Road) Order 1993 ; and
iv
“the trunk road” means the London-Kings Lynn Trunk Road (A10).
3
This Order shall come into force on 24th December 1993 and may be cited as the A10 Trunk Road (North of Ware to South of Puckeridge) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
25th November 1993


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Friendly Societies Act 1992 (Commencement No. 7 and Transitional Provisions and Savings) Order 1993.
2
In this Order —
“the 1970 Act ” means the Friendly Societies Act (Northern Ireland) 1970 ;
“the 1974 Act ” means the Friendly Societies Act 1974 ;
“the 1979 Order ” means the Industrial Assurance (Northern Ireland) Order 1979 ;
“the 1992 Act ” means the Friendly Societies Act 1992;
“collecting society” has the meaning given to that term in article 2(2) of the 1979 Order ; and
“industrial assurance company” has the meaning given to that term in article 2(2) of the 1979 Order .
Days appointed
2
1
The provisions of the 1992 Act specified in column 1 of Schedule 1 to this Order (which relate to the matters mentioned in column 2 of that Schedule) shall come into force for all remaining purposes on 1st January 1994 and the provisions of the 1992 Act specified in column 1 of Schedule 2 to this Order (which relate to the matters mentioned in column 2 of that Schedule) shall come into force generally on 1st January 1994.
2
Notwithstanding article 2(2) of the Friendly Societies Act 1992 (Commencement No. 6 and Transitional Provisions) Order 1993 , section 31 of the 1992 Act shall come into force on 1st January 1995 in relation to the carrying on of any insurance or non — insurance business by a friendly society to which subsection (2) of section 96 of the 1992 Act applies.
Transitional provisions
3
In relation to a friendly society, or branch of a friendly society, to which subsection (2) or (3) of section 96 of the 1992 Act applies, in the provisions of the 1992 Act specified in column 1 of Schedule 3 to this Order, for references to provisions of the 1974 Act specified in column 2 of that Schedule there are substituted references to the corresponding provisions of the 1970 Act specified in column 3 of that Schedule.
4
A friendly society to which subsection (2) of section 96 of the 1992 Act applies may, notwithstanding the amendments made to section 7(1) of the 1974 Act by paragraph 4 of Schedule 16 to the 1992 Act, and the repeal of Schedule 1 to the 1970 Act by Part II of Schedule 22 to the 1992 Act, continue to provide for any of the purposes specified in Schedule 1 to the 1970 Act which it may undertake under its rules until is has altered its rules to enable it to provide for any purpose falling within Schedule 2 to the 1992 Act or until 1st January 1995, whichever is the earlier.
5
In paragraph (2) of article 2 of the 1979 Order, in the definition of “Registrar”, for the words “section 96(1) of the Friendly Societies Act (Northern Ireland) 1970” to the end of the definition , there is substituted “article 2A of the Credit Unions (Northern Ireland) Order 1985 to perform in Northern Ireland the powers and duties of the Registrar of Credit Unions” .
6
The matters which an industrial assurance company and a collecting society shall cause to be set out in the premium receipt books provided by them for use in respect of policies of industrial assurance under article 22 of the 1979 Order shall remain the matters specified in the Schedule 4 to the 1979 Order relating to the provisions listed in that Schedule prior to the partial repeal of that Schedule and the amendments made to the provisions listed in it by the 1992 Act notwithstanding such partial repeal and amendment until any such company or society reprints its premium receipt books or until 1st January 1996, whichever is the earlier.
7
1
A society, or branch of a society, to which subsection (2) or (3) of section 96 of the 1992 Act applies, shall continue to be subject to sections 23, 34 and 36 of the 1970 Act for the purposes of any revenue accounts or balance sheets due to be prepared, any quinquennial or triennial valuation due to be carried out or any annual return due to be sent in respect of the year of account for 1993, or any previous year or, as the case may be, in respect of any period of five or three years ending on or before 31st December 1993 until the relevant steps have been taken under those sections (with the transitional arrangements set out in paragraph (2) below) notwithstanding the repeal of sections 23, 34 and 36 of the 1970 Act by Schedule 22 to the 1992 Act.
2
For the purpose of performing the relevant steps referred to in paragraph (1) above, in sections 34 and 36 of the 1970 Act, for the word “registrar”, wherever occurring, there is substituted “Friendly Societies Commission”.
8
A society, or branch of a society, to which subsection (2) or (3) of section 96 of the 1992 Act applies, shall continue to be subject to section 31 of the 1970 Act for the purposes of any report due to be made to the society or branch in respect of the year of account for 1993 or any previous year until such report has been made notwithstanding the repeal of section 31 of the 1970 Act made by Schedule 22 to the 1992 Act.
Savings
9
A certificate of exemption granted to a collecting society under article 12 of the 1979 Order before 1st January 1994 shall remain in force in relation to any such society until the certificate is revoked by the Friendly Societies Commission notwithstanding the substitution of a new paragraph for paragraph (1) of article 12 of the 1979 Order .
10
Notwithstanding the substitution by paragraph 20(h) of Schedule 19 to the 1992 Act of “Commission” for “Commissioner” in article 42(1)(b) of the 1979 Order, it shall remain an offence under article 42 of the 1979 Order for a collecting society to contravene or fail to comply with any direction by the Commissioner.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd December 1993


text:
1
1
This Order may be cited as the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) (No. 2) Order 1993 and shall come into force on 1st February 1994.
2
In this Order “ the Act ” means the Drug Trafficking Offences Act 1986 and “the principal Order ” means the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990 .
2
Schedule 1 to the principal Order shall be amended as follows —
a
by the insertion, at the appropriate places in alphabetical order, of the entries for those countries and territories specified in the Schedule to this Order (including where so specified the appropriate authority for a country or territory) and the removal of the entry specifying the appropriate authority for Switzerland; and
b
by the insertion opposite the entry for Switzerland, of the following entry —
“Office federal de la police”.
3
The Appendix set out at the end of Schedule 3 to the principal Order (which defines the institution of proceedings for the purposes of paragraph (a) of section 38(11) of the Act as modified by Schedule 2 to the principal Order) shall be amended by the insertion, after the entry relating to Montserrat, of the following —
Netherlands
a
when a pre–trial financial investigation has been initiated;
b
when the provisional measure has been ordered by an investigating magistrate;
c
when a public prosecutor has requested a pre–trial criminal investigation by an investigating magistrate to be instituted;
d
when a public prosecutor has laid an indictment
.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, “the principal Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 .
Application of Regulations
2
1
The amendments made by regulation 3(a) do not affect the validity of a rate demand notice issued before 1st April 1993.
2
In paragraph (1), “rate demand notice” means a demand notice within the meaning of Part II of the principal Regulations.
3
The amendments made by regulations 3(b) and (c) and 4 have effect in relation to a levy of, or attempt to levy, distress made on or after 1st April 1993 under regulation 14 of the principal Regulations.
Amendment of the principal Regulations
3
The principal Regulations shall be amended —
a
in regulation 5 (service of demand notices) —
i
in paragraph (2), by the substitution for the words “A demand notice” of the words “Subject to paragraph (3), a demand notice”; and
ii
by the insertion, after paragraph (2), of the following paragraph —
3
A demand notice shall not be served before the authority has set amounts for the relevant year under section 30 of the Local Government Finance Act 1992.
;
b
in regulation 14 (distress) by the insertion, after paragraph (1), of the following paragraph —
1A
Without prejudice to paragraph (8) below, no person making a distress shall seize any goods of the debtor of the following description —
such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.
; and
c
by the substitution for Schedule 3 (charges connected with distress) of the Schedule set out in the Schedule hereto.
Other amendments
4
The Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 shall be amended by the substitution, for paragraph (12) of regulation 4 (joint owners and occupiers: enforcement), of the following paragraph —
12
Where —
a
a liability order has been made against more than one person in respect of an amount; and
b
a charge has arisen as regards one of them under head B of the Table in paragraph 1 of Schedule 3 to the principal Regulations (as substituted by the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1993) in respect of that amount,
no further charge may be aggregated for the purposes of regulation 14(2) of those Regulations under that head or head A of that Table in consequence of any subsequent levy or attempted levy against any of them in respect of that amount; and a charge under head A(i) or charges under that head and head A(ii) against one of them shall be treated for those purposes as a charge or, as the case may be, charges under that head with respect to the others as well as that one.
.
Signed by authority of the Secretary of State for the Environment
John Redwood
Minister of State,
Department of the Environment
16th March 1993
David Hunt
Secretary of State for Wales
17th March 1993


text:
1
This Order shall come into force on 26th February 1993 and may be cited as the A417 Trunk Road (Brockworth Bypass and Slip Roads) (Detrunking) Order 1993.
2
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road. The length given the reference letter “A” shall be classified as a classified road and the length given the reference letter “B” shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Gloucestershire that the new trunk roads are open for through traffic.
6
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SWN81 marked “The A417 Trunk Road (Brockworth Bypass and Slip Roads) (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“new trunk roads” has the same meaning as in “The A417 Trunk Roads (Brockworth Bypass and Slip Roads) Order 1993”;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
11th February 1993


text:
1
This Order may be cited as the Magistrates' Courts Fees (Amendment) Order 1993 and shall come into force on 1st August 1993.
2
Part I of Schedule 6 to the Magistrates' Courts Act 1980 is hereby varied so as to have effect as set out in the Schedule to this Order.
3
The Magistrates' Courts Fees (Amendment) Order 1992 is hereby revoked.
Mackay of Clashfern, C.
Dated 23rd July 1993


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route firstly described in the Schedule to this Order (the highway along this route being in the Order referred to as “the main new trunk road”); and
b
along the routes secondly described in the Schedule to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/YHCPD 50 marked “The A65 Trunk Road (Hellifield and Long Preston Bypass and Slip Roads) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunk road” and “the slip roads” means the highways mentioned in article 1 of this Order;
iii
“the new trunk roads” means the main new trunk road and the slip roads;
iv
“the trunk road” means the North-West of Doncaster to Kendal Trunk Road (A65).
5
This Order shall come into force on 5th April 1993 and may be cited as the A65 Trunk Road (Hellifield and Long Preston Bypass and Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
8th March 1993


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1993 and shall come into force on 3rd April 1993.
2
The Export of Goods (Control) Order 1992 shall be amended as follows: —
a
in article 3(e)(ii):
i
after “(an act of Tynwald)” there shall be inserted “as amended by the Firearms Act 1968 (an act of Tynwald) and the Air Guns and Shot Guns, etc. Act 1968 (an act of Tynwald) ”;
ii
for footnote (e) there shall be substituted the following:
e
S.I. 1981/155 (N.I.2) ; relevant amending instruments are S.I. 1989/1338 (N.I.10) and S.I. 1992/1723 (N.I.4)
; and
iii
in footnote (f) the words “as amended” shall be deleted;
b
in the Part III of the Contents to Schedule 1, for the words “Dual Use Industrial Goods and Technology” there shall be substituted the words “Goods and Technology Not Specified in Groups 1 or 2”;
c
in Group 1 in Part III of Schedule 1 —
i
in entry PL5021 there shall be added at the end:
except:
Lead or lead alloy pellet ammunition specially designed for air rifles
;
ii
in entry ML3 there shall be added at the end:
except:
Lead or lead alloy pellet ammunition specially designed for air rifles
;
iii
in entry ML4 —
aa
the words “bombs, torpedoes, rockets” to “specially designed components therefor” inclusive shall be deleted;
bb
for sub-head a. there shall be substituted the following: —
a
Bombs, torpedoes, grenades, smoke canisters, rockets, mines, missiles, depth-charges, demolition-charges, –devices and –kits, military pyrotechnic flares, cartridges and simulators, and specially designed components therefor; except:
Rockets or smoke canisters designed for the purpose of entertainment, distress signalling, or safety of life
;
cc
in sub-head b. there shall be added at the end:
“and specially designed components therefor”;
in entry ML24, in sub-head a. for “equipment or material” there shall be substituted “ goods ”;
in entry PL5027 after “PL5017” there shall be inserted “PL5029,”;
d
in Group 3 in Part III of Schedule 1 —
i
in the title the words “DUAL USE INDUSTRIAL” shall be deleted;
ii
in the definition of “personalised smart card” for “ ISO / IEC 781” there shall be substituted “ISO/IEC 7816”;
iii
in entry 3A001 sub-head e.1, for “sub-head c.1” in the Note there shall be substituted “Sub-head e.1”;
iv
in entry 5A001 sub-head c, for the words “ Stored programme controlled switching equipment” to “characteristics, functions or features” inclusive there shall be substituted the following:
Stored programme controlled switching equipment and related signalling systems, having any of the following characteristics, functions or features, and specially designed components and accessories therefor
;
v
in entry 5B001:
aa
in sub-head a., after “accessories therefor” there shall be added “, specially designed for”;
bb
for sub-head b.2., there shall be substituted the following:
2
Data communication protocol analysers, testers and simulators specially designed for functions specified in entry 5A001
;
vi
in entry 5A002, for Note a. there shall be substituted the following —
a
Personalised smart cards using cryptography restricted for use only in equipment or systems as follows:
1
Excluded from control under sub-heads c.1. to c.6. of entry 5A002;
2
Excluded from control under heads b. to e. inclusive of this Note; or
3
a
Cellular radio equipment or systems specially designed for cryptographic operation, provided any message traffic encryption capability specified in entry 5A002 contained in such equipment or systems is irreversibly disabled;
b
Access control equipment, such as automatic teller machines, self-service statement printers or point of sale terminals, which protects password or personal identification numbers ( PIN ) or similar data to prevent unauthorised access to facilities but does not allow for encryption of files or text, except as directly related to the password or PIN protection;
c
Data authentication equipment which calculates a Message Authentication Code ( MAC ) or similar result to ensure no alteration of text has taken place, or to authenticate users, but does not allow for encryption of data, text or other media other than that needed for the authentication;
d
Cryptographic equipment specially designed, developed or modified for use in machines for banking or money transactions, such as automatic teller machines, self-service statement printers, point of sale terminals, or equipment for the encryption of interbanking transactions, and intended for use only in such applications;
;
vii
in entry 6A003 sub-head b.3, for “of this entry” there shall be substituted “of entry 6A002”;
viii
in entries 6E001, 6E002, 7E001 and 7E002 the words
The export of goods specified in this entry is only prohibited to any destination in any country listed in Schedule 2
shall be deleted;
ix
in Category 9, for the heading there shall be substituted the following:
Aircraft, Space Vehicles, Propulsion Systems and Related Equipment
;
x
for entry 9A990 there shall be substituted the following:
9A990
The export of goods specified in this entry is only prohibited to any destination in Libya, Iran, Iraq, Syria or South Africa.
Aircraft having a maximum all up weight of 680 kg or more, and aero-engines, and equipment or components designed therefor, other than those specified elsewhere in this Schedule.
;
xi
in entry 9A991, after “parachutes” there shall be inserted “other than those specified in entry ML10 of Group I of Part III of this Schedule,”;
xii
entry 9A992 shall be deleted;
xiii
after entry 9A991 there shall be inserted the following entry —
9A993
The export of goods specified in this entry is only prohibited to any destination in Libya.
Equipment for simulating or modelling any function of any aircraft or of any part of any aircraft , specially designed components and specially designed accessories therefor.
;
xiv
after entry 9D103 there shall be inserted the following entry —
9D993
The export of goods specified in this entry is only prohibited to any destination in Libya.
Software specially designed or modified for the use of goods specified in entry 9A993.
;
xv
entry 9E992 shall be deleted; and
xvi
after entry 9E991 there shall be inserted the following entry —
9E993
The export of goods specified in this entry is only prohibited to any destination in Libya.
Technology required for the development, production or use of goods specified in entry 9A993.
.
M. Coolican
An Assistant Secretary,
Department of Trade and Industry
2nd April 1993


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Norfolk that the new trunk roads are open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/343, marked “The A11 Trunk Road (Roudham Heath to Attleborough Improvement) (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the trunk roads to be constructed by the Secretary of State in pursuance of the A11 Trunk Road (Roudham Heath to Attleborough Improvement and Slip Roads) Order 1993 and “a new trunk road” means one of those highways;
iv
“the Trunk Road” means the A11 Trunk Road.
3
This Order shall come into force on 5th November 1993 and may be cited as the A11 Trunk Road (Roudham Heath to Attleborough Improvement) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
18th October 1993


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefits (Miscellaneous Amendments) Regulations 1993 and shall come into force on 1st April 1993, immediately following the coming into force of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 .
Amendment of the Social Security (Attendance Allowance) Regulations 1991
2
1
The Social Security (Attendance Allowance) Regulations 1991 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7, (persons in certain accommodation other than hospitals) —
a
in sub-paragraph (a)(i) of paragraph (1), the words “or paragraph 2 of Schedule 8 to the NHS Act of 1977” shall be omitted;
b
in sub-paragraph (b) of paragraph (3), for the word “accommodation;” there shall be substituted the words “accommodation, and has a preserved right for the purposes of regulation 8(3) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 ;”;
c
in paragraph (4), for the words “This paragraph” there shall be substituted the words “Subject to paragraph (4A), this paragraph”; and
d
after paragraph (4), there shall be inserted the following paragraph —
4A
Paragraph (4)(b) shall apply in the case of a person who does not have a preserved right for the purposes of regulation 8(3) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 as if the words “and at least 4 other persons” to the end of sub-paragraph (b) were omitted.
.
3
In regulation 8 (persons exempt from regulations relating to hospitalisation and persons in certain accommodation other than hospitals) —
a
in paragraph (4), after the words “shall not apply” there shall be inserted the words “except in a case to which paragraph (7) applies”;
b
in paragraph (5), after the words “or other institution” there shall be inserted the words “whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages”;
c
in paragraph (6), after the words “shall not apply” there shall be inserted the words “except in a case to which paragraph (7) applies”; and
d
after paragraph (6), there shall be added the following paragraph —
7
This paragraph applies in the case of a person who is residing in a home owned or managed, or owned and managed, by a local authority.
.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
3
1
The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 9 (persons in accommodation other than hospitals) —
a
in sub-paragraph (a)(i) of paragraph (1), the words “or paragraph 2 of Schedule 8 to the NHS Act of 1977” shall be omitted;
b
in sub-paragraph (c) of paragraph (4), for the word “accommodation;”, there shall be substituted the words “accommodation, and has a preserved right for the purposes of regulation 7(3) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 ;”;
c
in paragraph (5), for the words “This paragraph” there shall be substituted the words “Subject to paragraph 5A, this paragraph”; and
d
after paragraph (5), there shall be inserted the following paragraph —
5A
Paragraph (5)(b) shall apply in the case of a person who does not have a preserved right for the purposes of regulation 7(3) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 as if the words “and at least 4 other persons” to the end of sub-paragraph were omitted.
.
3
In regulation 10 (persons exempt from regulations relating to hospitalisation and persons in certain other accommodation other than hospitals) —
a
in paragraph (6), after the words “shall not apply”, there shall be inserted the words “except in a case to which paragraph (9) applies”;
b
in paragraph (7), after the words “or other institution” there shall be inserted the words “whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages”;
c
in paragraph (8), after the words “shall not apply” there shall be inserted the words “except in a case to which paragraph (9) applies”; and
d
after paragraph (8), there shall be added the following paragraph —
9
This paragraph applies in the case of a person who is residing in a home owned or managed, or owned and managed, by a local authority.
.
Amendment of the Social Security Benefits (Amendments Consequential upon the Introduction of Community Care) Regulations 1992
4
1
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 7 (amendments relating to disability living allowance) —
a
in paragraph (4), after sub-paragraph (a) there shall be inserted the following sub-paragraph —
za
on 31st March 1993, he was —
i
entitled either to —
aa
the care component of disability living allowance, or
bb
income support and his applicable amount was calculated in accordance with regulation 19 of the Income Support (General) Regulations 1987 (persons in residential care and nursing homes) ; and
ii
living in a home which was not registered under the Registered Homes Act 1984 but which on 1st April 1993 was required to be registered under that Act as a residential care home by virtue of the amendments made to it by the Registered Homes (Amendment) Act 1991 (which extends registration to small homes); or
;
b
also in paragraph (4), in sub-paragraph (b), for the words “in such a home” there shall be substituted the words “in a home such as is mentioned in either of the preceding sub-paragraphs”;
c
in paragraph (5), for the words “paragraph (3)(a)” there shall be substituted the words “paragraph (4)(a) or (za)”.
3
In regulation 8 (amendments relating to attendance allowance) —
a
in paragraph (4), after sub-paragraph (a) there shall be inserted the following sub-paragraph —
za
on 31st March 1993, he was —
i
entitled either to —
aa
attendance allowance, or
bb
income support and his applicable amount was calculated in accordance with regulation 19 of the Income Support (General) Regulations 1987 (persons in residential care and nursing homes); and
ii
living in a home which was not registered under the Registered Homes Act 1984 but which on 1st April 1993 was required to be registered under that Act as a residential care home by virtue of the amendments made to it by the Registered Homes (Amendment) Act 1991 (which extends registration to small homes); or
;
b
also in paragraph (4), in sub-paragraph (b), for the words “in such a home” there shall be substituted the words “in a home such as is mentioned in either of the preceding sub-paragraphs”;
c
in paragraph (5), for the words “paragraph (3)(a)” there shall be substituted the words “paragraph (4)(a) or (za)”.
Amendment of the Income Support Regulations
5
1
The Income Support (General) Regulations 1987 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 6 (persons not treated as engaged in remunerative work) for paragraph (g) , there shall be substituted the following paragraph —
g
he is in employment, and —
i
lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either
ii
his, or his partner's, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10D, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases), or
iii
he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance);
.
3
In regulation 21 (special cases) —
a
after paragraph (3A) , there shall be inserted the following paragraphs —
3B
In a case where on 31st March 1993 a person was in or was temporarily absent from accommodation provided under section 26 of the National Assistance Act 1948, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if for the words “provided by a local authority in a home owned or managed by that or another authority” there were substituted the words “provided in accordance with arrangements made by a local authority”, and for the words in sub-paragraph (a) “under sections 21 to 24 and 26” there were substituted the words “under section 26”.
3C
In a case where on 31st March 1993 a person was in or was temporarily absent from accommodation provided by a local authority under section 21 of the National Assistance Act 1948, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if, after the words “by that or another authority” there were inserted the words “or provided in accordance with arrangements made by a local authority”.
;
b
after paragraph (4A) , there shall be inserted the following paragraph —
4B
In the case of a person who on 31st March 1993 was either in or only temporarily absent from, residential accommodation within the meaning of regulation 21(3) as then in force, paragraph (4) shall apply as if sub-paragraph (c) was omitted.
.
4
In Schedule 2 (applicable amounts), in sub-paragraph (2) of paragraph 2A after head (a), there shall be inserted the following head —
aa
the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;
.
5
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 9, there shall be substituted the following paragraph —
9
Any attendance allowance or the care component of disability living allowance, but, where the claimant’s applicable amount falls to be calculated in accordance with Part I of Schedule 4 only to the extent that it exceeds the amount for the time being specified as the higher rate of attendance allowance for the purposes of section 64(3) of the Social Security Contributions and Benefits Act 1992 or, as the case may, be the highest rate of the care component of disability living allowance for the purposes of section 72(4)(a) of that Act.
;
b
in paragraph 15 in sub-paragraph (1) for the words “sub-paragraph (3)”, there shall be substituted the words “sub-paragraphs (3) and (6)”, and after sub-paragraph (5) there shall be added the following sub-paragraph —
6
This sub-paragraph shall apply to a claimant in a residential care home or nursing home only if he has a preserved right for the purposes of regulation 19(1ZB) or (1ZC).
;
c
after paragraph 15, there shall be inserted the following paragraph —
15A
1
Subject to the following provisions of this paragraph, in the case of a claimant placed in a residential care home or nursing home by a local authority under section 26 of the National Assistance Act 1948 , any charitable payment or voluntary payment made or due to be made at regular intervals.
2
This paragraph shall apply only where —
a
the claimant was placed in the residential care or nursing home by the local authority because the home was the preferred choice of the claimant, and
b
the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990 .
3
This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 19 (persons in residential care or nursing homes with preserved rights).
4
The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.
.
Amendment of the Housing Benefit (General) Regulations 1987
6
In regulation 8 of the Housing Benefit (General) Regulations 1987 (eligible housing costs) —
a
in paragraph (1), for the words “Subject to paragraphs (2) and (2A)” there shall be substituted the words “Subject to the following provisions of this regulation,”;
b
after paragraph (2), there shall be inserted the following paragraphs —
2ZA
In its application to a person who, on 31st March 1993 either occupied as his home, or would for the purposes of regulation 5(8) have been treated as occupying as his home, accommodation provided under sections 21 to 24 or 26 of the National Assistance Act 1948 , regulation 8(2) shall have effect as if sub-paragraph (b)(i)(aa) were ommitted.
2ZB
Where in any case housing benefit was not payable in respect of 31st March 1993 by virtue of regulation 8(2)(b)(ii) or (iii) as then in force (persons in accommodation provided under the National Health Service Act 1977 or the Social Work (Scotland) Act 1968) regulation 8(2) shall have effect in that case as if —
a
sub-paragraph (b)(i)(aa), or in Scotland, sub-paragraph (b)(ii)(aa), and
b
the words “and for these purposes “board”” to the end of the paragraph, were omitted.
.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1993


text:
Citation and interpretation
1
1
These Rules may be cited as the County Court (Amendment No. 3) Rules 1993.
2
In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 1981 and Appendix B means Appendix B to those Rules.
Possession Procedure
2
Order 3, rule 3(1) shall be amended by substituting, for the words “paragraph (1A)”, the words “paragraphs (1A) and (1B)”.
3
After Order 3, rule 3(1A), there shall be inserted the following new paragraph —
1B
Without prejudice to paragraph (1A), the summons in an action for recovery of land, including one in which the mortgagee under a mortgage of land claims possession of the mortgaged land, shall be prepared by the plaintiff and in that event the summons with a copy for each defendant shall be filed by the plaintiff with the documents mentioned in paragraph (1) and, where service is to be effected otherwise than by an officer of the court, a copy of the summons shall be filed for the court instead of a request.
.
4
For Order 6, rule 3, there shall be substituted the following new rule —
Recovery of land
3
1
In an action for recovery of land the particulars of claim shall —
a
identify the land sought to be recovered;
b
state whether the land consists of or includes a dwelling-house;
c
give details about the agreement or tenancy, if any, under which the land is held, stating when it commenced and the amount of money payable by way of rent or licence fee;
d
in a case to which section 138 of the Act applies (forfeiture for non-payment of rent), state the daily rate at which the rent in arrear is to be calculated, and
e
state the ground on which possession is claimed, whether statutory or otherwise.
2
In proceedings for forfeiture where the plaintiff knows of any person entitled to claim relief against forfeiture as underlessee (including a mortgagee) under section 146(4) of the Law of Property Act 1925 or under section 138(9C) of the County Courts Act 1984 , the particulars of claim shall give the name and address of that person and the plaintiff shall file a copy of the particulars of claim for service on him.
3
Where possession of land which consists of or includes a dwelling-house is claimed because of non-payment of rent, the particulars of claim shall be in the prescribed form and shall also —
a
state the amount due at the commencement of the proceedings;
b
give —
i
(whether by means of a schedule or otherwise) particulars of all the payments which have been missed altogether;
ii
where a history of late or under-payments is relied upon, sufficient details to establish the plaintiff’s case;
c
state any previous steps which the plaintiff has taken to recover arrears of rent and, in the case of court proceedings, state
i
the dates when proceedings were commenced and concluded, and
ii
the dates and terms of any orders made;
d
give such relevant information as is known by the plaintiff about the defendant’s circumstances and, in particular, whether (and, if so, what) payments on his behalf are made direct to the plaintiff by or under the Social Security Contributions and Benefits Act 1992 , and
e
if the plaintiff intends as part of his case to rely on his own financial or other circumstances, give details of all relevant facts or matters.
.
5
For Order 6, rule 5(1), there shall be substituted the following —
1
Where a plaintiff claims as mortgagee payment of moneys secured by a mortgage of real or leasehold property or possession of such property, the particulars of claim shall contain the information required under this rule and, as the case may be, by rule 5A.
.
6
Order 6, rule 5(1A) shall be omitted.
7
Order 6, rule 5(2) shall stand as rule 5(8).
8
After Order 6, rule 5(1) (as amended) there shall be inserted the following new paragraphs —
2
Where there is more than one loan secured by the mortgage, the information required under the following paragraphs of this rule and under rule 5A shall be provided in respect of each loan agreement.
3
The particulars shall state the date of the mortgage and identify the land sought to be recovered.
4
Where possession of the property is claimed, the particulars of claim shall state whether or not the property consists of or includes a dwelling-house within the meaning of section 21 of the Act .
5
The particulars shall state whether or not the loan which is secured by the mortgage is a regulated consumer credit agreement and, if so, specify the date on which any notice required by section 76 or section 87 of the Consumer Credit Act 1974 was given.
6
The particulars shall show the state of account between the plaintiff and the defendant by including —
a
the amount of the advance and of any periodic repayment and any payment of interest required to be made;
b
the amount which would have to be paid (after taking into account any adjustment for early settlement) in order to redeem the mortgage at a stated date not more than 14 days after the commencement of proceedings specifying the amount of solicitor’s costs and administrative charges which would be payable;
c
where the loan which is secured by the mortgage is a regulated consumer credit agreement, the total amount outstanding under the terms of the mortgage;
d
the rate of interest payable —
i
at the commencement of the mortgage;
ii
immediately before any arrears referred to in sub-paragraph (e) accrued, and
iii
where it differs from that provided under (ii) above, at the commencement of the proceedings;
e
the amount of any interest or instalments in arrear at the commencement of the proceedings.
7
The particulars of claim shall state any previous steps which the plaintiff has taken to recover the moneys secured by the mortgage or the mortgaged property and, in the case of court proceedings, state —
i
the dates when proceedings were commenced and concluded, and
ii
the dates and terms of any orders made.
.
9
After Order 6, rule 5 there shall be inserted the following new rule —
Mortgage action-dwelling-house
5A
1
This rule applies where a plaintiff claims as mortgagee possession of land which consists of or includes a dwelling-house and in such a case the particulars of claim shall be in the prescribed form.
2
Where the plaintiff’s claim is brought because of failure to make the periodic payments due, the particulars of claim shall —
a
give details (whether by means of a schedule or otherwise) of all the payments which have been missed altogether;
b
where a history of late or under-payments is relied upon, provide sufficient details to establish the plaintiff’s case;
c
give details of any other payments required to be made as a term of the mortgage (such as for insurance premiums, legal costs, default interest, penalties, administrative or other charges) together with any other sums claimed stating the nature and amount of each such charge, whether any payment is in arrear and whether or not it is included in the amount of any periodic payment;
d
give such relevant information as is known by the plaintiff about the defendant’s circumstances and, in particular, whether (and, if so, what) payments on his behalf are made direct to the plaintiff by or under the Social Security Contributions and Benefits Act 1992.
3
In an action to which this rule applies, the plaintiff shall state in his particulars of claim whether there is any person on whom notice of the action is required to be served in accordance with section 8(3) of the Matrimonial Homes Act 1983 and, if so, he shall state the name and address of that person and shall file a copy of the particulars of claim for service on that person.
4
In this rule ‘mortgage’ has the same meaning as in rule 5(8).
.
10
After Order 7, rule 15, there shall be inserted the following new rule —
Mortgage possession actions
15A
1
After the issue of the summons in a mortgage possession action, the plaintiff shall not less than 14 days before the hearing send to the address of the property sought to be recovered a notice addressed to the occupiers which —
a
states that possession proceedings have been commenced in respect of the property;
b
shows the name and address of the plaintiff, of the defendant and of the court which issued the summons, and
c
gives details of the case number and of the hearing date.
2
The plaintiff shall either —
a
not less than 14 days before the hearing, file a certificate stating that a notice has been sent in accordance with paragraph (1), or
b
exhibit the notice to any affidavit used at the hearing.
3
In this rule ‘mortgage possession action’ means an action in which the plaintiff claims as mortgagee possession of land which consists of or includes a dwelling-house and ‘mortgage’ has the same meaning as in Order 6, rule 5(8).
.
11
For Order 21, rule 5(1)(c), there shall be substituted the following —
c
any action for recovery of land regardless of the value of any other claim which is brought in the same action and including one in which the mortgagee under a mortgage of land claims possession of the mortgaged land; and
.
12
Order 21, rule 5(2) shall be amended by substituting, for the words “the reference in paragraph (1)(b) to the sum claimed or amount involved”, the words “the value of the action or matter”.
Abolition of the rent action
13
Order 3, rule 2(3) shall be amended by omitting the words “or a rent action”.
14
Order 17, rule 11(1)(m) shall be omitted.
15
Order 24 Part II shall be omitted.
16
Order 42, rule 1(3) (which provides “No rent action shall be brought against the Crown.”) shall be omitted.
17
Paragraph 1(d) in Appendix B Part I shall be omitted.
Assured Tenancies: Accelerated Possession Procedure
18
Order 49, rule 6 shall stand as rule 7 of that Order and, before it, there shall be inserted the following new rules —
Housing Act 1988 : assured tenancies
6
1
In this rule —
“the 1988 Act ” means the Housing Act 1988;
“dwelling-house” has the same meaning as in Part I of the 1988 Act;
a Ground referred to by number means the Ground so numbered in Schedule 2 to the 1988 Act;
“the requisite notice” means such a notice as is mentioned in any of those Grounds and
“the relevant date” means the beginning of the tenancy.
2
This rule applies to proceedings brought by a landlord to recover possession of a dwelling-house which has been let on an assured tenancy in a case where all the conditions mentioned in paragraph (3) below are satisfied.
3
The conditions referred to in paragraph (2) are these.
a
The tenancy and any agreement for the tenancy were entered into on or after 15th January 1989.
b
The proceedings are brought
i
on Ground 1 (landlord occupation),
ii
on Ground 3 (former holiday occupation),
iii
on Ground 4 (former student letting) or
iv
on Ground 5 (occupation by a minister of religion).
c
The only purpose of the proceedings is to recover possession of the dwelling-house and no other claim is made in the proceedings (such as for arrears of rent).
d
The tenancy is an assured tenancy within the meaning of the 1988 Act (and consequently is not a protected, statutory or housing association tenancy under the Rent Act 1977 ) and
i
is the subject of a written agreement, or (ii) is on the same terms (though not necessarily as to rent) as a tenancy which was the subject of a written agreement and arises by virtue of section 5 of the 1988 Act, or
iii
relates to the same or substantially the same premises which were let to the same tenant and is on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement.
Where the tenancy in relation to which the proceedings are brought arises by virtue of section 5 of the 1988 Act but follows a tenancy which was the subject of an oral agreement, the condition mentioned in sub-paragraph (d)(ii) or (iii) above is not satisfied.
e
The proceedings are brought against the tenant to whom the requisite notice was given.
f
The tenant was given the requisite notice, not later than the relevant date.
g
The tenant was given notice in accordance with section 8 of the 1988 Act that proceedings for possession would be brought.
4
Where the conditions mentioned in paragraph (3) of this rule are satisfied, the landlord may bring possession proceedings under this rule instead of making a claim in accordance with Order 6, rule 3 (action for recovery of land by summons).
5
The application must be made in the prescribed form and a copy of the application, with a copy for each defendant, must be filed in the court for the district in which the dwelling-house is situated.
6
The application shall include the following information and statements.
a
A statement identifying the dwelling-house which is the subject matter of the proceedings.
b
A statement identifying the nature of the tenancy, namely —
i
whether it is the subject of a written agreement; or
ii
whether the tenancy arises by virtue of section 5 of the 1988 Act, or
iii
where it is the subject of an oral agreement whether the tenancy is periodic or for a fixed term and, if for a fixed term, the length of the term and the date of termination.
c
A statement that the dwelling-house (or another dwelling-house) was not let to the tenant by the landlord (or any of his predecessors) before 15th January 1989.
d
The date on which and the method by which the requisite notice was given to the tenant.
e
A statement identifying the Ground on which possession is claimed giving sufficient particulars to substantiate the plaintiff’s claim to be entitled topossession on that Ground.
f
A statement that a notice was served on the tenant in accordance with section 8 of the 1988 Act,
i
specifying the date on which and the method by which the notice wasserved and
ii
confirming that the period of notice required by section 8 of the 1988 Act has been given.
g
The amount of rent which is currently payable.
7
Copies of the following documents shall be attached to the application —
i
the current (or most recent) written tenancy agreement,
ii
the requisite notice (referred to in paragraph (6)(d) above), and
iii
the notice served in accordance with section 8 of the 1988 Act,
together with any other documents necessary to prove the plaintiff’s claim.
8
The statements made in the application and any documents attached to theapplication shall be verified by the plaintiff on oath.
9
Service of the application and of the attachments shall be effected by an officer of the court sending them by first-class post to the defendant at the address stated inthe application and paragraphs (3) and (4) of Order 7, rule 10 (mode of service) and Order 7, rule 15 (service of summons for recovery of land) shall apply as they applywhere service is effected under those rules.
10
A defendant who wishes to oppose the plaintiff’s application must, within 14days after the service of the application on him, complete and deliver at the courtoffice the form of reply which was attached to the application.
11
On receipt of the defendant’s reply the proper officer shall —
a
send a copy of it to the plaintiff;
b
refer the reply and the plaintiff’s application to the judge, and where a reply is received after the period mentioned in paragraph (10) but before a request is filed in accordance with paragraph (12) the reply shall be referred withoutdelay to the judge.
12
Where the period mentioned in paragraph (10) has expired without the defendant filing a reply, the plaintiff may file a written request for an order for possession and the proper officer shall without delay refer the plaintiff’s applicationto the judge.
13
After considering the application and the defendant’s reply (if any), the judgeshall either —
a
make an order for possession under paragraph (15) or
b
fix a day for a hearing under paragraph (14) and give directions regarding the steps to be taken before and at the hearing.
14
The proper officer shall fix a day for the hearing of the application where thejudge is not satisfied as to any of the following —
a
that the requisite notice was given before the relevant date,
b
that a notice was served in accordance with section 8 of the 1988 Act and that the time limits specified in the 1988 Act have been complied with,
c
that service of the application was duly effected, or
d
that the plaintiff has established that he is entitled to recover possession under the Ground relied on against the defendant (15) Except where paragraph (14) applies, the judge shall without delay make an order for possession without requiring the attendance of the parties.
16
Where a hearing is fixed under paragraph (14) —
a
the proper officer shall give to all parties not less than 14 days' notice of the day so fixed;
b
the judge may give such directions regarding the steps to be taken before and at the hearing as may appear to him to be necessary or desirable.
17
Without prejudice to Order 37, rule 3 (setting aside on failure of postal service), the court may, on application made on notice within 14 days of service of the order or of its own motion, set aside, vary or confirm any order made under paragraph (15).
18
Without prejudice to Order 21, rule 5 and to Order 50, rule 3, a district judge shall have power to hear and determine an application to which this rule applies and references in this rule to the judge shall include references to the district judge.
Housing Act 1988: assured shorthold tenancies
6A
1
In this rule, “the 1988 Act” means the Housing Act 1988 and “dwelling-house” has the same meaning as in Part I of the 1988 Act.
2
This rule applies to proceedings brought by a landlord under section 21 of the 1988 Act to recover possession of a dwelling-house let on an assured shorthold tenancy on the expiry or termination of that tenancy in a case where all the conditions mentioned in paragraph (3) below (or, as the case may be, paragraph (9)) are satisfied.
3
The conditions referred to in paragraph (2) are these.
a
The tenancy and any agreement for the tenancy were entered into on or after 15th January 1989.
b
The only purpose of the proceedings is to recover possession of the dwelling-house and no other claim is made in the proceedings (such as for arrears of rent).
c
The tenancy —
i
was an assured shorthold tenancy and not a protected, statutory or housing association tenancy under the Rent Act 1977 ;
ii
did not immediately follow an assured tenancy which was not an assured shorthold tenancy;
iii
fulfilled the conditions mentioned in section 20(1)(a) to (c) of the 1988 Act, and
iv
was the subject of a written agreement.
d
A notice in writing was served on the tenant in accordance with section 20(2) of the 1988 Act and the proceedings are brought against the tenant on whom that notice was served.
e
A notice in accordance with section 21(1)(b) of the 1988 Act was given to the tenant in writing.
4
Where the conditions mentioned in paragraph (3) or paragraph (9) of this rule are satisfied, the landlord may bring possession proceedings under this rule instead of making a claim in accordance with Order 6, rule 3 (action for recovery of land by summons).
5
The application must be made in the prescribed form and a copy of the application, with a copy for each defendant, shall be filed in the court for the district in which the dwelling-house is situated.
6
The application shall include the following information and statements.
a
A statement identifying the dwelling-house which is the subject matter of the proceedings.
b
A statement that the dwelling-house (or another dwelling-house) was not let to the tenant by the landlord (or any of his predecessors) before 15th January 1989.
c
A statement that possession is claimed on the expiry of an assured shorthold tenancy under section 21 of the 1988 Act giving sufficient particulars to substantiate the plaintiff’s claim to be entitled to possession.
d
A statement that a written notice was served on the tenant in accordance with section 20(2) of the 1988 Act.
e
A statement that a notice in writing was given to the tenant in accordance with section 21(1) of the 1988 Act specifying the date on which, and the method by which, the notice was given.
f
In a case where the original fixed term tenancy has expired, a statement that no other assured tenancy is in existence other than an assured shorthold periodic tenancy (whether statutory or not).
g
A statement confirming that there is no power under the tenancy agreement for the landlord to determine the tenancy (within the meaning given for the purposes of Part I of the 1988 Act by section 45(4) of the 1988 Act) at a time earlier than six months from the beginning of the tenancy.
h
A statement that no notice under section 20(5) of the 1988 Act has been served.
7
Copies of the following documents shall be attached to the application —
i
the written tenancy agreement (or, in a case to which paragraph (9) applies, the current (or most recent) written tenancy agreement),
ii
the written notice served in accordance with section 20(2) of the 1988 Act, and
iii
the notice in writing given in accordance with section 21 of the 1988 Act,
together with any other documents necessary to prove the plaintiff’s claim.
8
The statements made in the application and any documents attached to the application shall be verified by the plaintiff on oath.
9
Where on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end) a new assured shorthold tenancy of the same or substantially the same premises (in this paragraph referred to as “the premises”) comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then the provisions of this rule apply to that tenancy but with the following conditions instead of those in paragraph (3) —
a
The tenancy and any agreement for the tenancy were entered into on or after 15th January 1989.
b
The only purpose of the proceedings is to recover possession of the dwelling-house and no other claim is made in the proceedings (such as for arrears of rent).
c
The tenancy in relation to which the proceedings are brought —
i
is an assured shorthold tenancy within the meaning of section 20 of the 1988 Act and consequently is not a protected, statutory or housing association tenancy under the Rent Act 1977 ;
ii
did not immediately follow an assured tenancy which was not an assured shorthold tenancy, and
aa
is the subject of a written agreement, or
ab
is on the same terms (though not necessarily as to rent) as a tenancy which was the subject of a written agreement and arises by virtue of section 5 of the 1988 Act, or
ac
relates to the same or substantially the same premises which were let to the same tenant and is on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement.
Where the tenancy in relation to which the proceedings are brought arises by virtue of section 5 of the 1988 Act but follows a tenancy which was the subject of an oral agreement, the conditions mentioned in sub-paragraph (c)(ii) (ab) or (ac) above is not satisfied.
d
A written notice was served in accordance with section 20(2) of the 1988 Acton the tenant in relation to the first assured shorthold tenancy of the premisesand the proceedings are brought against the tenant on whom that notice was served.
e
A notice in writing was given to the tenant in accordance with section 21(4)of the 1988 Act.
10
In a case to which paragraph (9) applies, the application shall include the following information and statements.
a
A statement identifying the dwelling-house which is the subject matter of the proceedings.
b
A statement identifying the nature of the tenancy, namely —
i
whether it is the subject of a written agreement;
ii
whether the tenancy arises by virtue of section 5 of the 1988 Act, or
iii
where it is the subject of an oral agreement whether the tenancy is periodic or for a fixed term and, if for a fixed term, the length of the term and the date of termination.
c
A statement that the dwelling-house (or another dwelling-house) was not letto the tenant by the landlord (or any of his predecessors) before 15th January 1989.
d
A statement that possession is claimed under section 21 of the 1988 Actgiving sufficient particulars to substantiate the plaintiff’s claim to be entitled to possession.
e
A statement that a written notice was served in accordance with section 20(2) of the 1988 Act in relation to the first assured shorthold tenancy of thepremises on the tenant against whom the proceedings are brought.
f
A statement that a notice in writing was given to the tenant in accordancewith section 21(4) of the 1988 Act specifying the date on which, and themethod by which, the notice was given.
g
In a case where the tenancy is a fixed term tenancy which has expired, astatement that no other assured tenancy is in existence other than an assuredshorthold periodic tenancy (whether statutory or not).
h
A statement confirming that there was no power under the tenancy agreement for the landlord to determine (within the meaning given for thepurposes of Part I of the 1988 Act by section 45(4) of the 1988 Act) the firstassured shorthold tenancy of the premises to the tenant against whom theproceedings are brought at a time earlier than six months from the beginningof the tenancy.
i
A statement that no notice under section 20(5) of the 1988 Act has been served.
j
The amount of rent which is currently payable.
11
Service of the application and of the attachments shall be effected by anofficer of the court sending them by first-class post to the defendant at the addressstated in the application and paragraphs (3) and (4) of Order 7, rule 10 (mode of service) and Order 7, rule 15 (service of summons for recovery of land) shall applyas they apply where service is effected under those rules.
12
A defendant who wishes to oppose the plaintiff’s application must, within 14days after the service of the application on him, complete and deliver at the courtoffice the form of reply which was attached to the application.
13
On receipt of the defendant’s reply the proper officer shall —
a
send a copy of it to the plaintiff;
b
refer the reply and the plaintiff’s application to the judge
and where a reply is received after the period mentioned in paragraph (12) but beforea request is filed in accordance with paragraph (14) the reply shall be referred without delay to the judge.
14
Where the period mentioned in paragraph (12) has expired without the defendant filing a reply, the plaintiff may file a written request for an order for possession and the proper officer shall without delay refer any such request to the judge.
15
After considering the application and the defendant’s reply (if any), the judge shall either —
a
make an order for possession under paragraph (17); or
b
fix a day for a hearing under paragraph (16) and give directions regarding the steps to be taken before and at the hearing.
16
The proper officer shall fix a day for the hearing of the application where the judge is not satisfied as to any of the following —
a
that a written notice was served in accordance with section 20 of the 1988 Act,
b
that a written notice was given in accordance with section 21 of the 1988 Act,
c
that service of the application was duly effected, or
d
that the plaintiff has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.
17
Except where paragraph (16) applies, the judge shall without delay make an order for possession without requiring the attendance of the parties.
18
Where a hearing is fixed under paragraph (16) —
a
the proper officer shall give to all parties not less than 14 days' notice of the day so fixed;
b
the judge may give such directions regarding the steps to be taken before and at the hearing as may appear to him to be necessary or desirable.
19
Without prejudice to Order 37, rule 3 (setting aside on failure of postal service), the court may, on application made on notice within 14 days of service of the order or of its own motion, set aside, vary or confirm any order made under paragraph (17).
20
Without prejudice to Order 21, rule 5 and to Order 50, rule 3, a district judge shall have power to hear and determine an application to which this rule applies and references in this rule to the judge shall include references to the district judge.
.
19
Appendix B, Part III shall be amended by inserting, after item 9, the following new item together with the amount to be allowed corresponding to that item —
10
Where an order for possession is made under rule 6 or rule 6A of Order 49 without the attendance of the plaintiff, for preparing and filing the application, the documents attached to the application and the request for possession; the court fee to be allowed in addition as a disbursement £64.00
.
The undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984 , having made these Rules, certify them and submit them to the Lord Chancellor.
I allow these Rules, which shall come into force on 1st November 1993.
Mackay of Clashfern, C.
Frank J. White
R. H. Hutchinson
J. H. Wroath
Margaret Wilby
Peter Birts
Henrietta Manners
E. C. Gee
R. J. Winstanley
Dated 17th August 1993


text:
1
1
This Order may be cited as the Conservation of Seals (England) Order 1993 and shall come into force on 19th December 1993.
2
Without prejudice to its earlier revocation this Order shall cease to have effect on the expiration of three years beginning with the date of its coming into force.
2
There is hereby prohibited, within the territorial limits set out in article 3 below, the killing, injuring or taking of seals of the species known as Halichoerus grypus (grey seals) and Phoca vitulina (common seals).
3
For the purposes of article 2 above, the territorial limits of this Order are:
a
the counties of Cleveland, Durham, East Sussex, Essex, Greater London, Humberside, Kent, Lincolnshire, Norfolk, North Yorkshire, Northumberland, Suffolk, Tyne and Wear; and
b
those territorial waters adjacent to England which are:
i
to the south of a line drawn at 055° true from the point on the mainland at 55° 48'.67 North latitude and 02° 02'.0 West longitude; and
ii
adjacent to any of the counties specified in paragraph (a) above and, in the case of East Sussex, not further west than a line drawn true South from Newhaven Breakwater Head Light which is at 50° 46'.5 North latitude and 00° 3'.6 East longitude.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th November 1993


text:
1
This Order may be cited as the Public Telecommunication System Designation (MFS Communications Limited) Order 1993 and shall come into force on 29th December 1993.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under-Secretary of State
Department of Trade and Industry
24th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Western General Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Western General 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 Western General Hospitals 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 the Western General Hospital and Royal Victoria Hospital, both in Edinburgh, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including 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, one of whom shall be appointed from the University of Edinburgh, and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Lothian 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 Lothian 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 Lothian Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Gloucestershire National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 9th November 1993.
2
In this Order —
“the Authority” means Gloucestershire Health Authority;
“the Trust” means the East Gloucestershire National Health Service Trust;
“the trust property” means the items specified in a schedule of the trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th October 1993


text:
1
These Regulations may be cited as the Value Added Tax (Cash Accounting) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
The Value Added Tax (Cash Accounting) Regulations 1987 shall be amended as follows.
3
In regulation 2 the definition of “authorised person” shall be omitted.
4
In regulation 3 for “The Commissioners” there shall be substituted “A taxable person” and for “them, authorise taxable persons to” there shall be substituted “the Commissioners,”.
5
In regulation 4 —
a
in paragraph (1) for “apply for authorisation under regulation 3 above” there shall be substituted “begin to operate the scheme”;
b
for paragraph (1)(a) there shall be substituted the following —
a
at any time, he has reasonable grounds for believing that the value of taxable supplies made by him in the period of one year then beginning will not exceed £350,000;
;
c
in paragraph (1)(c) for “the date of his application for authorisation” there shall be substituted “that time”;
d
for paragraph (1)(c)(iv) there shall be substituted the following —
iv
by virtue of regulation 10(1) below, ceased to be entitled to continue to operate the scheme.
; and
e
paragraph (2) shall be omitted.
6
In regulation 6 —
a
for paragraph (1) there shall be substituted the following —
1
A person who becomes eligible to begin to operate the scheme may do so at the beginning of his next prescribed accounting period.
;
b
in paragraph (2) for “An authorised” there shall be substituted “A”;
c
in paragraph (2)(a) for “£300,000”, in each place where that word occurs, there shall be substituted “£350,000” and “within thirty days notify the Commissioners and” shall be omitted;
d
in paragraph (2)(b) for “£300,000” there shall be substituted “£350,000” and for “within thirty days notify the Commissioners who may terminate his authorisation” there shall be substituted “cease to operate the scheme”; and
e
for paragraph (3) there shall be substituted the following —
3
A person may withdraw from the scheme at the end of a prescribed accounting period of his where —
i
he derives no benefit from remaining in the scheme, or
ii
he is unable, by reason of his accounting system, to comply with the requirements of the scheme.
7
In regulation 7 for “An authorised” there shall be substituted “A” and “, and his authorisation shall terminate forthwith” shall be omitted.
8
In regulations 8 and 9(1), (2) and (3) for “an authorised person”, in each place where those words occur, there shall be substituted “a person operating the scheme”.
9
In regulation 10 —
a
in paragraph (1) for “The Commissioners may terminate an authorisation in any case” there shall be substituted “A person shall not be entitled to continue to operate the scheme”;
b
paragraph (1)(a) shall be omitted;
c
in paragraph (1)(b), (c), (d) and (e) for “an authorised person” there shall be substituted “he”;
d
in paragraph (1)(b), (c) and (e) for “admitted to” there shall be substituted “operating”;
e
for paragraph (1)(f) there shall be substituted the following —
f
the Commissioners consider it necessary for the protection of the revenue that he shall not be so entitled
;
f
in paragraph (2) for “whose authorisation has been terminated under paragraph (1) of this regulation” there shall be substituted “who, by virtue of paragraph (1) above, ceases to be entitled to continue to operate the scheme”; and
g
in paragraph (3) for “An authorised person whose authorisation has been terminated” there shall be substituted “A person who ceases to operate the scheme”.
10
In regulation 12(3) and (4) for “An authorised person” there shall be substituted “A person operating the scheme”.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1993 and shall come into force at 1200 hours on 18th June 1993.
2
In this Order “razor clams” means Ensis s.p.p. and “relevant time” means one minute past midnight on 18th June 1993.
Designated circumstances
2
In the opinion of the Secretary of State, razor clams in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any razor clams in the designated area.
Prohibited movement of razor clams
5
No person shall move any razor clams out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any razor clams taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any razor clams which were taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any razor clams which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
18th June 1993


text:
1
This Order may be cited as the Public Telecommunication System Designation (Energis Communications Limited) Order 1993 and shall come into force on 27th August 1993.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick M'Loughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th July 1993


text:
Citation, commencement, interpretation and transitional provision
1
These Rules may be cited as the Family Proceedings Courts (Child Support Act 1991) Rules 1993 and shall come into force on 5th April 1993.
2
In these rules —
“the Act of 1991 ” means the Child Support Act 1991 ,
“court” means a family proceedings court constituted in accordance with section 66 and 67 of the Magistrates' Courts Act 1980 or a single justice who is a member of a family panel.
3
Rules 6 to 8 shall apply only to applications filed on or after 5th April 1993.
4
1
Rules 2 to 16 of the Family Proceedings Courts (Matrimonial Proceedings etc ) Rules 1991 shall apply as appropriate to an appeal under section 20 (appeal against decision of child support officer), where the proceedings are to be dealt with in accordance with the Child Support Appeals (Jurisdiction of Courts) Order 1993 and an application under section 27 of the Act of 1991 (reference to court for declaration of parentage).
2
The respondent to an appeal under section 20 of the Act of 1991 shall be the Secretary of State.
3
The respondent to an application under section 27 of the Act of 1991 shall be the alleged parent (as defined in section 27 of that Act).
4
Where the justices' clerk or the court is considering whether or not to transfer proceedings under sections 20 or 27 of the Act of 1991 to another court, rules 6, 14(2)(h), (4) and (11) and rule 32 of the Family Proceedings Courts (Children Act 1989) Rules 1991 shall also apply as appropriate.
Disclosure of information under the Act of 1991
5
Where the Secretary of State requires a person mentioned in regulation 2(2) or (3)(a) of the Child Support (Information, Evidence and Disclosure) Regulations 1992 to furnish information or evidence for a purpose mentioned in regulation 3(1) of those Regulations, nothing in rule 23 of the Family Proceedings Courts (Children Act 1989) Rules 1991 or rule 14 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (confidentiality of documents) shall prevent that person from furnishing the information or evidence sought or shall require him to seek leave of the court before doing so.
Applications for relief which is precluded by the Act of 1991
6
1
Where an application is made for an order which, in the opinion of the justices' clerk, the court would be prevented from making by section 8 or 9 of the Act of 1991, he may send a notice in the appropriate form to the applicant and the provisions of rule 4(1) to (3) of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (service) shall apply as appropriate.
2
Where a notice is sent under paragraph (1), no requirement of any rules, except for those of this rule, as to the service of the application or as to any other procedural step applicable to the making of an application of the type in question, shall apply unless and until the court directs that such rules shall apply or that they shall apply to such extent and subject to such modifications as may be specified in the direction.
3
Where an applicant who has been sent a notice under paragraph (1) informs the justices' clerk in writing, within 14 days of the date of service of the notice, that he wishes to persist with his application, the justices' clerk shall give such directions as he considers appropriate for the matter to be heard and determined by the court and, without prejudice to the generality of the foregoing, such directions may provide for the hearing to be ex parte.
4
Where directions are given under paragraph (3), the justices' clerk shall inform the applicant of the directions and, in relation to the other parties, —
a
where the hearing is to be ex parte, inform them briefly —
i
of the nature and effect of the notice under this rule,
ii
that the matter is being resolved ex parte, and
iii
that they will be informed of the result in due course; and
b
where the hearing is to be inter partes, inform them of —
i
the circumstances which led to the directions being given, and
ii
the directions.
5
Where a notice has been sent under paragraph (1) and the justices' clerk is not informed under paragraph (3) the application shall be treated as having been withdrawn.
6
Where the matter is heard pursuant to directions under paragraph (3) and the court determines that it would be prevented by section 8 or 9 of the Act of 1991 from making the order sought by the application, it shall dismiss the application.
7
Where the court dismisses an application under this rule it shall give its reasons in writing, copies of which shall be sent to the parties by the justices' clerk.
8
In this rule, ‘the matter’ means the question whether the making of an order in the terms sought by the application would be prevented by section 8 or 9 of the Act of 1991.
9
Rule 15 of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 (delegation by justices' clerk) shall apply as appropriate to anything authorised to be done by or to a justices' clerk under this rule or rule 7.
Modification of rule 6 in relation to non-free standing applications
7
Where a notice is sent under rule 6(1) in respect of an application which is contained in an application, answer or other document (“the document”) which contains material extrinsic to the application —
a
the document shall, until the contrary is directed under sub-paragraph (c) of this rule, be treated as if it did not contain the application in respect of which the notice was served;
b
the justices' clerk shall send to the respondents a copy of the notice under rule 6 (1) and a notice informing the respondents of the effect of sub-paragraph (a) of this paragraph; and
c
if it is determined, under rule 6, that the court would not be prevented by section 8 or 9 of the Act of 1991 from making the order sought by the application, the court shall direct that the document shall be treated as if it contained the application, and it may give such directions as it considers appropriate for the conduct of the proceedings in consequence of that direction.
Forms
8
Appendix 1 to these Rules (new form CSA1) shall have effect.
9
In rules 10 to 12 of these Rules, references to a form —
a
by number with the prefix ‘CHA’ are references to the forms so numbered in Schedule 1 to the Family Proceedings Courts (Children Act 1989) Rules 1991; and
b
by number alone are references to the forms so numbered in Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991.
10
For Form CHA13 there shall be substituted the form contained in Appendix 2 to these Rules.
11
1
The amendments in paragraph (2) shall be made to —
a
Form CHA14 (Statement of Means) ;
b
Form 1 (Application for Order Under Section 2), Form 2 (Application for Order Under Section 6), Form 3 (Application for Order Under Section 7) and Form 4 (Application for Order Under Section 20) , in the Statement of Means of the Applicant and the Statement of Means of the Respondent respectively.
2
The forms mentioned in paragraph (1) are amended as follows: —
a
in section 6, after “Other state benefit(s)” there shall be inserted “Child Support Agency maintenance”;
b
in section 7, after “pocket money” there shall be inserted “Child Support Agency payments”;
c
in section 9, after “Other” there shall be inserted “Child Support Agency arrears”;
d
in sections 7 and 9, for “Community charge” there shall be substituted “Council tax” .
12
In form CHA15 (Application for Variation/Discharge of an Order for Financial Provision) , there shall be substituted for section 4 the provision contained in Appendix 3 to these Rules.
Mackay of Clashfern, C.
Dated 11th March 1993


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Application of Provisions) (India) Order 1993 and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India enters into force.
2
The provisions of the Suppression of Terrorism Act 1978 and section 24(1) (a) and (2) (a) of the Extradition Act 1989 shall apply in relation to India as they apply in relation to a convention country.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th October 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 7) Regulations 1993 and shall come into force, on 1st December 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 18 of the principal Regulations
2
In regulation 18 of the principal Regulations (calculation of earnings)(d) for paragraph (6) there shall be substituted the following paragraphs —
6
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in —
a
any units in any unit trust scheme within the meaning of section 75(8) of the Financial Services Act 1986 ; or
b
any asset falling within paragraph 9A of Schedule 1A to these Regulations,
having a published selling price and which falls to be taken into account in the computation of a person’s earnings shall, for the purposes of earnings-related contributions, be calculated or estimated by reference to the published selling price on the date of that payment.
7
In paragraph (6) of this regulation “published selling price” means the lowest selling price published on the date on which the payment in question is made and where no price is published on that date it means the lowest selling price published on the last previous date on which such a price was published.
.
Amendment of Schedule 1A to the principal Regulations
3
In Schedule 1A to the principal Regulations (assets not to be disregarded as payments under regulation 19(1)(d)) —
a
in paragraph 5 for the words “paragraph 1, 2, 3 or 4” there shall be substituted the words “paragraphs 1 to 4 or 9A”;
b
after paragraph 9 there shall be inserted the following paragraphs —
9A
Any commodity or other property of any description not falling within paragraphs 1 to 4 or 6 to 9 of this Schedule and which is capable of being sold on a recognised investment exchange.
9B
Any voucher which is capable of being exchanged for an asset falling within any of the foregoing paragraphs of this Schedule.
;
c
after paragraph 14 there shall be added the following paragraphs —
15
For the purposes of paragraph 9A of this Schedule “a recognised investment exchange” is —
a
a body recognised as such under the Financial Services Act 1986 ; or
b
the London Bullion Market.
16
In paragraph 9B of this Schedule “voucher” means any voucher, stamp or similar document, whether used singly or together with other such vouchers, stamps or documents.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
30th November 1993


text:
1
This Order may be cited as the Value Added Tax (Education) (No. 2) Order 1993 and shall come into force forthwith.
2
The Value Added Tax (Education) Order 1993 is hereby revoked.
3
Group 6 (Education) of Schedule 6 to the Value Added Tax Act 1983 shall be varied in accordance with the following provisions of this Order.
4
For note (2) there shall be substituted the following —
2
“School” in items 1, 2 and 3 means an institution which, within the meaning of the Education Acts 1944 to 1992, the Education (Scotland) Act 1980 , the Education and Libraries (Northern Ireland) Order 1986 or the Education Reform (Northern Ireland) Order 1989 , provides primary or secondary education or both, and which —
a
either is provisionally or finally registered or deemed to be registered as a school within the meaning of the aforesaid legislation, in a register of independent schools or is a school in respect of which grants are made by the Secretary of State to the proprietor or managers; or
b
is a voluntary school within the meaning of the Education Act 1944 or the Education and Libraries (Northern Ireland) Order 1986; or
c
is a grant-maintained integrated school within the meaning of Article 65 of the Education Reform (Northern Ireland) Order 1989.
.
5
For note (3A) there shall be substituted the following —
3A
For the purposes of item 1 above “eligible institution” means —
a
an institution falling within section 91(3)(a) or (b) or section 91(5)(b) or (c) of the Further and Higher Education Act 1992 ;
b
a designated institution as defined in section 44(2) of the Further and Higher Education (Scotland) Act 1992 ;
c
an institution managed by a board of management as defined in section 36(1) of the Further and Higher Education (Scotland) Act 1992;
d
an institution to which grants are paid by the Department of Education for Northern Ireland under Article 66(2) of the Education and Libraries (Northern Ireland) Order 1986.
.
6
For item 7 there shall be substituted the following —
7
The provision of training or retraining for any trade, profession or employment and the supply of any goods or services essential thereto by the person providing the training or retraining, where the consideration payable is ultimately a charge to funds provided pursuant to arrangements made under section 2 of the Employment and Training Act 1973 or section 1A of the Employment and Training Act (Northern Ireland) 1950 .
.
7
After note (6) there shall be added the following note —
7
For the purposes of item 7 —
a
a supply of any goods or services shall not be taken to be essential to the provision of training or retraining unless the goods or services in question are provided directly to the trainee;
b
training or retraining includes the provision of work experience.
.
Nicholas Baker
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd April 1993


text:
Title and commencement
1
This Order may be cited as the Foot–and–Mouth Disease (Amendment) (No. 2) Order 1993 and shall come into force on 1st January 1994.
Amendments
2
1
In the Foot–and–Mouth Disease Order 1983 for articles 22A and 34A there shall be substituted the following articles respectively —
Requirement to confine animals on common land within an infected area in England or Wales
22A
The owner or person in charge of an animal allowed to run on common or unenclosed land in England or Wales shall, upon the making of a declaration under article 17 of this Order in relation to that land, confine that animal within premises in the infected area.
, and
Requirement to confine animals on common land within a controlled area in England or Wales
34A
The owner or person in charge of an animal allowed to run on common or unenclosed land in England or Wales shall, upon the making of a declaration under article 30 of this Order in relation to that land, confine that animal within premises in the controlled area.
.
2
In the Swine Vesicular Disease Order 1972 for the Schedule to that Order there shall be substituted the Schedule set out in the Schedule to this Order.
3
In the African Swine Fever Order 1980 —
a
in article 3 the words “to the extent indicated in the third column of that Schedule” shall be deleted, and
b
for the Schedule to that Order there shall be substituted the Schedule set out in the Schedule to this Order.
3
The Foot–and–Mouth Disease (Amendment) Order 1993 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th December 1993
John Redwood
Secretary of State for Wales
10th December 1993


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Greater Manchester Fire and Civil Defence Authority) Order 1993, and shall come into force on 1st April 1993.
Exemption of catering
2
Catering by the Greater Manchester Fire and Civil Defence Authority shall not be treated as a defined activity so long as it is undertaken before 1st July 1994.
Michael Howard
Secretary of State for the Environment
23rd February 1993


text:
Citation and commencement
1
This Order may be cited as the Superannuation (Children’s Pensions) (Earnings Limit) Order 1993 and shall come into force on 12th April 1993.
Increase in children’s limit
2
The sum mentioned in section 21(1)(c)(ii) of the Judicial Pensions Act 1981 (which excludes from the definition of “period of childhood and full-time education” a person over 16 who is undergoing training if the emoluments payable by his employer are more than the said sum) is hereby increased from £1,614 to £1,672.
Revocation of previous order
3
The Superannuation (Children’s Pensions) (Earnings Limit) Order 1992( ) is hereby revoked.
Tim Wood
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1993