text:
PART I
preliminary
Citation and commencement
1
1
This Order may be cited as the Caledonian MacBrayne Limited (Armadale) Harbour Revision Order 1992.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Interpretation
2
1
In this Order, unless the context otherwise requires, the several words and expressions to which meanings are assigned by the Order of 1991 , as applied by article 9 below, have the same respective meanings, and —
“ the Company ” means Caledonian MacBrayne Limited being a company incorporated under the Companies Acts;
“ the deposited plan and sections ” means the plan and sections signed on behalf of the Secretary of State and marked “Plan and sections referred to in the Caledonian MacBrayne Limited (Armadale) Harbour Revision Order 1992” of which copies have been deposited at the office of the Secretary of State for Scotland and with Caledonian MacBrayne Limited, Harbour Office, Armadale;
“the harbour area” means the area referred to in article 7 below;
“ the harbourmaster ” means the harbourmaster appointed by the Company and includes his authorised deputes and assistants and any person authorised by the Company to act in that capacity;
“ the harbour premises ” means the quays, piers, landing places and all other works, land and buildings for the time being vested in or occupied or administered by the Company for the purposes of the undertaking as from time to time authorised;
“the Order of 1991” means the Highland Regional Council (Harbours) Order 1991 ;
“the Regional Council ” means Highland Regional Council;
“the undertaking” means the harbour undertaking hitherto carried on by the Regional Council at Armadale on the island of Skye including the works together with all lands, buildings, plant and conveniences connected therewith and now vested in the Company by virtue of article 3 below.
2
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
3
Except in relation to article 13 below, all dimensions stated in any description of works or lands in this Order shall be construed as if the words “or thereabouts” were inserted after each such dimension.
4
Any reference in this Order to a work identified by the number of that work shall be construed as a reference to the work of that number authorised by this Order.
PART II
jurisdiction and powers
Transfer of harbour undertaking
3
1
On the coming into force of this Order there shall be transferred to and vested in the Company (subject to article 9 below and to the other provisions of this Order) all the powers of the Regional Council in relation to the undertaking vested in them pursuant to the Harbours Act 1964, section 154 of the Local Government (Scotland) Act 1973 and the Order of 1991 together with all property heritable and moveable and all rights pertaining thereto vested in the Regional Council and held by them solely for the purposes of the undertaking.
2
To enable the Company to complete a title to any property transferred to and vested in it by virtue of this article by notice of title or otherwise, this Order shall have effect as if it were a general disposition or assignation, as the case may be, of such property granted by the Regional Council in favour of the Company on the coming into force of this Order.
Contracts to be binding
4
All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by the Regional Council and in force at the commencement of this Order shall so far as they relate to the undertaking be as binding and of as full force and effect in every respect against or in favour of the Company as they have heretofore been against or in favour of the Regional Council and may be enforced as fully and effectively as if, instead of the Regional Council, the Company had been a party thereto.
Proceedings not to abate
5
All legal and other proceedings begun before the commencement of this Order and relating to any property or liabilities transferred to the Company under this Order may be carried on with the substitution of the Company as a party to the proceedings in lieu of the Regional Council and any such proceedings may be amended in such manner as may be necessary for that purpose.
Power to make agreements
6
Nothing in this Order shall affect the right of the Regional Council and the Company to enter into an agreement for the purpose of regulating the responsibility as between them selves for any liabilities or obligations transferred to the Company by article 4 or 5 above.
Harbour jurisdiction
7
1
The Company shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964, and the powers of the harbourmaster shall be exercisable within —
a
the area lying below the level of high water commencing at a point 46 metres westsouth-west of Armadale Estates Pier on the level of high water latitude 57° 03.964"N, longitude 5° 53.770"W; thence in a south-south-easterly direction for a distance of 53 metres to a point latitude 57° 03.941"N, longitude 5° 53.733"W; thence in an eastnorth-easterly direction for a distance of 128 metres to a point latitude 57° 03.976"N, longitude 5° 53.627"W; thence in an east-south-easterly direction for a distance of 145 metres to a point latitude 57° 03.943"N, longitude 5° 53.498"W; thence in a southsouth-easterly direction for a distance of 113 metres to a point latitude 57° 03.904"N, longitude 5° 53.448"W; thence in a west-south-westerly direction for a distance of 180 metres to a point latitude 57° 03.849"N, longitude 5° 53.606"W; on the level of high water 60 metres south-south-east of the Armadale Pier, and
b
the harbour premises.
2
The Company shall, within the harbour area, be a local lighthouse authority within the meaning of section 634 of the Merchant Shipping Act 1894 .
Power to maintain harbour premises
8
Subject to the provisions of this Order, the Company may maintain the harbour premises.
Application of Order of 1991
9
1
The Order of 1991, so far as it is applicable for the purposes and is not inconsistent with or varied by this Order, shall apply to the undertaking subject as provided in paragraph (2) below, and for that purpose is incorporated with this Order.
2
In its application to the undertaking, the Order of 1991 shall have effect subject to the following modifications: —
a
sections 3, 10, 12, 14, 26, 42 and 64 shall not apply;
b
for references to “a harbour area”, “any harbour area”, “any of the harbour areas” and “each harbour area” there shall be substituted references to “the harbour area” (as defined in article 2(1) above), and for references to “the Council” there shall be substituted references to “the Company”;
c
references to the 1991 Order shall, unless the context otherwise requires, include references to this Order;
d
in section 2, the definitions of “the Council”, “harbour area”, “harbourmaster”, “harbour premises” and “the undertaking”, shall be omitted;
e
in section 11, subsection (6) shall be omitted;
f
i
in section 32(2), paragraphs (q) and (s) shall be omitted;
ii
in section 32(3)(c), the words “harbour areas, or for different” shall be omitted; and
iii
in section 32, subsection (4) shall be omitted.
Confirmation of byelaws
10
1
The provisions of subsections (4) to (8), (10) and (12) of section 202 and section 203 of the Local Government (Scotland) Act 1973 shall apply to any byelaws made by the Company under the Order of 1991 as if the Company were a local authority, and in the application of the provisions of the said Act of 1973 the Secretary of State shall be the confirming authority and all byelaws and regulations which are in force at the undertaking at the date of this Order coming into force shall be deemed to be byelaws and regulations of the Company and shall continue in force until altered.
2
Where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Company and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.
PART III
works
Power to construct works
11
1
Subject to the provisions of this Order, the Company may in the parish of Sleat, district of Skye and Lochalsh in the Highland region and on the foreshore and in the sea adjoining the same in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections construct, execute and maintain the works hereinafter described with all necessary works and conveniences connected therewith or incidental thereto that is to say: —
Work No.1
A causeway of solid construction providing an access way for vehicular traffic between the existing car park via the adjustable steel linkspan (Work No.2) and any ferry berthed at the existing pier, commencing at a point at NG 6393703800 on the island of Skye and extending through a curve in a generally east-north-easterly direction for a distance of 34.00 metres and there terminating at a point at NG 6396103820, having a width at the level of the metalled carriageway generally of 10.00 metres but decreasing to 6.00 metres at its commencement with Work No.2 and surrounded on both its seaward faces by a rock-armoured slope.
Work No.2
An adjustable steel linkspan commencing at the termination of Work No.1 by a hinged connection and extending in a generally easterly direction for a distance of 36.00 metres and there terminating at a point at NG 6399403835 to form a link between any vessel and Work No.1 and including machinery for lifting and lowering the end adjoining the vessel, the width of the linkspan being 6.00 metres at its commencement and 8.00 metres at its termination.
Work No.3
Two fixed structures of solid construction for guiding the adjustable end of the steel linkspan (Work No.2) and supporting the cables for lifting and lowering the said linkspan; the centre of the northern structure being situated at a point at NG 6398503840, the northern structure having a maximum width of 5.00 metres and a length of 6.00 metres, and the centre of the southern structure being situated at a point at NG 6399103825, the southern structure having a maximum width of 5.00 metres and a length of 6.00 metres.
Work No.4
A dolphin of solid construction commencing at a point at NG 6401603831 and extending in an east-north-easterly direction for a distance of 10.00 metres and there terminating at a point at NG 6402703835 and having a width of 8.50 metres.
Work No.5
A concrete deck (of open construction supported on piles) connected to Work No.4 and the existing pier head providing pedestrian access between any vessel and the said pier head, commencing at the termination of Work No.4 and extending in an east-north-easterly direction for a distance of 20.00 metres and there terminating at a point at NG 6404403844, and having a width of 6.50 metres.
2
The company may within the limits of deviation reconstruct, renew and alter tempor arily or permanently the works.
Power to deviate
12
Subject to the provisions of this Order, in the construction or execution of the works authorised by article 11 above the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.
Subsidiary works
13
Subject to the provisions of this Order, the Company, for the purposes of or in connection with the words authorised by article 11 above, may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with those works.
Period for completion of works
14
If the works are not completed within 10 years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for constructing and maintaining the works shall cease except as to so much thereof as shall then be completed.
PART IV
miscellaneous
Repeal
15
The description of the limits of the Armadale harbour area contained in Schedule 1 to the Order of 1991 is hereby repealed.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
11th December 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southport and Formby Community Health Services National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Southport and Formby Community Health Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Southport and Formby Community Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Greaves Hall Hospital, Banks, Nr. Southport, Merseyside PR9 8BL and associated hospitals;
b
to manage community health services provided from 2nd Floor, The Hesketh Centre, 51 — 55 Albert Road, Southport, Merseyside PR9 0LT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Southport and Formby Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Southport and Formby Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Southport and Formby Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 3) Order 1992 and shall come into force on 27th August 1992.
2
The Export of Goods (Control) Order 1991 shall be further amended as follows —
a
in Group 3D in Part II of Schedule 1, for entry PL7019 there shall be substituted the following entry:
PL7019
Vacuum or controlled environment (inert gas) induction furnaces capable of operation above 850°C and having induction coils 600 mm (24 in) or less in diameter L, I, S, Y.
There are excluded from this entry furnaces designed for the processing of semiconductor wafers.
.
M. Coolican
An Assistant Secretary,
Department of Trade and Industry
24th August 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Leaflets) Amendment Regulations 1992, and shall come into force on 1st January 1993.
2
In these Regulations, “the principal Regulations ” means the Medicines (Leaflets) Regulations 1977 .
Amendment of regulation 2(1) of the principal Regulations
2
1
Regulation 2(1) of the principal Regulations (interpretation) shall be amended in accordance with the following paragraphs of this regulation.
2
After the definition of “medicinal product” there shall be inserted the following —
“generator” means any system incorporating a fixed parent radionuclide from which is produced a daughter radionuclide which is to be removed by elution or by any other method and is to be used in a radiopharmaceutical;
“kit” means any preparation to be reconstituted or combined with radionuclides in a final radiopharmaceutical, usually prior to its administration;
“precursor” means a radionuclide produced for the radio-labelling of another substance prior to administration, other than a radionuclide which is incorporated in, or produced from, a generator, or is included in a radiopharmaceutical;
“product to which Chapters II to V of the 1965 Directive applies” means a medicinal product to which, in accordance with Article 2 of Council directive 65/65/ EEC as amended , Article 34 of Council Directive 75/319/EEC , Article 1 of Council Directive 89/342/EEC , Article 1 of Council Directive 89/343/EEC and Article 1 of Council Directive 89/381/EEC , Chapters II to V of Council Directive 65/65/EEC apply;
.
3
For the definition of “proprietary medicinal product” shall be substituted the following —
“proprietary medicinal product” means a ready-prepared medicinal product placed on the market in the United Kingdom under a special name and in a special pack, but does not include a homeopathic medicinal product or veterinary drug and references to a proprietary medicinal product shall be taken to include a reference to a radiopharmaceutical-associated product;
.
4
After that definition of “proprietary medicinal product” there shall be inserted the following —
“radiopharmaceutical” means any medicinal product which, when ready for use, contains one or more radionuclides included for a medicinal purpose;
“radiopharmaceutical-associated product” means a generator, kit or precursor which is not itself a medicinal product;
“relevant medicinal product” means a product to which Chapters II to V of the 1965 Directive applies in respect of which a product licence is granted or renewed on or after 1st January 1994;
“summary of product characteristics” means the information required to accompany any application for a product licence by virtue of article 4a of Council Directive 65/65/EEC which was inserted by article 1(2) of Council Directive 83/570/EEC as amended by article 1(1) and (4) of Council Directive 89/341/EEC .
.
Amendment of regulation 3 of the principal Regulations
3
For regulation 3 of the principal Regulations (standard requirements relating to leaflets) there shall be substituted the following regulation —
3
1
Subject to the following provisions of these regulations, all leaflets included in the package or container of any proprietary medicinal products other than relevant medicinal products shall contain the particulars set out in Schedule 1 to these regulations.
2
Subject to the following provisions of these regulations, all leaflets included in the package or container of any relevant medicinal products shall contain the particulars set out in Schedule 2 to these regulations in the order shown in that Schedule.
.
Insertion of regulation 3A into the principal Regulations
4
After regulation 3 of the principal Regulations (standard requirements relating to leaflets), there shall be inserted the following regulation —
Standard requirements relating to leaflets for radiopharmaceuticals and radiopharmaceutical-associated products
3A
Subject to the following provisions of these regulations, any leaflet which is enclosed with the packaging of a proprietary medicinal product which is a radiopharmaceutical or a radiopharmaceutical-associated product shall, in addition to containing any particulars required by any other provision of these regulations, contain —
a
details of any precautions to be taken by the user and the patient during the preparation and administration of the product;
b
details of any special precautions to be taken in respect of the disposal of the container and its unused contents.
.
Amendment of regulation 4 of the principal Regulations
5
1
Regulation 4 of the principal Regulations (general provisions) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), for the words “such a leaflet” there shall be substituted “a leaflet relating to a proprietary medicinal product other than a relevant medicinal product”.
3
After paragraph (1) there shall be inserted the following —
1A
All particulars contained in such a leaflet as is described in regulation 3 above relating to a relevant medicinal product shall be drawn up in accordance —
a
with the summary of product characteristics, if there is one;
b
if there is no summary of product characteristics, with the data sheet, if there is one;
c
if there is no summary of product characteristics and no data sheet, with the information which would be required to accompany an application for a product licence by virtue of Article 4a of Council Directive 65/65/EEC .
.
4
In paragraph (2) —
a
the word “such” shall be omitted;
b
after the word “shall” shall be inserted the words “be written in clear and understandable terms for the patient, be clearly legible and”; and
c
at the end of that paragraph, there shall be inserted the following: —
“but particulars contained in a leaflet relating to a relevant medicinal product may be given in English and in one or more other languages provided that the same particulars appear in all the languages used.”.
5
In paragraph (3) for the words “such leaflet” there shall be substituted “leaflet relating to a proprietary medicinal product other than a relevant medicinal product”.
6
Paragraph (5) shall be omitted.
7
In paragraph (6) —
a
for “the Schedule” there shall be substituted “Schedule 1”; and
b
for “such a leaflet” there shall be substituted “a leaflet relating to a proprietary medicinal product other than a relevant medicinal product”.
8
After paragraph (6) there shall be inserted the following paragraphs —
7
The particulars set out in paragraph 2 of Schedule 2 to these regulations shall not be required to be included in a leaflet relating to a relevant medicinal product where the product licence which relates to that product contains a provision directing that such particulars shall not be so included.
8
A leaflet relating to a relevant medicinal product may include —
a
a symbol or pictogram designed to clarify the particulars set out in Schedule 2 to these regulations;
b
other information in accordance with paragraph (1A) of this regulation which is useful for health education,
to the exclusion of any element of a promotional nature.
9
Where a leaflet —
a
relates to a relevant medicinal product which is available in more than one pharmaceutical form or in more than one strength, and
b
the name of that product does not include its pharmaceutical form or an indication of its strength,
there shall be added immediately after the name as required by paragraph 1 of Schedule 2 to these regulations, in the same style and size of letters as the name, a statement of the pharmaceutical form and an indication of the strength or both (as appropriate) of that product; and in this paragraph “strength” means the suitability of the product for a baby, child or adult.
.
Amendment of regulation 5 of the principal Regulations
6
1
In paragraph (1) of regulation 5 of the principal Regulations (approval of contents of leaflets), after the words “a proprietary medicinal product” there shall be inserted the words “other than a relevant medicinal product”.
2
After paragraph (2) of regulation 5 of the principal Regulations (approval of contents of leaflets) there shall be inserted the following paragraph —
2A
Where the holder of a product licence for a relevant medicinal product proposes to alter the leaflet relating to it in any respect as to which regulation 4 of these regulations imposes a requirement (not being an alteration made in connection with the grant or variation of a product licence) he shall notify the licensing authority in writing of such proposed alteration, and, unless the licensing authority has earlier notified him that it does not approve the altered leaflet, he may after the expiry of a period of 90 days from the date of the notification by him, supply that altered leaflet, or cause it to be supplied, with that product.
Amendment of the heading and numbering of the Schedule to the principal Regulations
7
For the heading of the Schedule to the principal Regulations (particulars required to be included in leaflets), there shall be substituted the following —
SCHEDULE 1
PARTICULARS REQUIRED TO BE INCLUDED IN LEAFLETS RELATING TO PROPRIETARY MEDICINAL PRODUCTS OTHER THAN RELEVANT MEDICINAL PRODUCTS
Regulation 3(1)
Insertion of Schedule 2 into the principal Regulations
8
After Schedule 1 there shall be inserted the following —
SCHEDULE 2
PARTICULARS REQUIRED TO BE INCLUDED IN LEAFLETS RELATING TO RELEVANT MEDICINAL PRODUCTS
Regulation 3(2)
1
For identification of the medicinal product —
a
the name of the medicinal product followed where the product contains only one active ingredient and its name is an invented name, by the common name;
b
a full statement of the active ingredients and excipients expressed qualitatively and a statement of the active ingredients expressed quantitatively, using their common names, in the case of each presentation of the medicinal product;
c
the pharmaceutical form and the contents by weight, by volume or by number of doses of the product, in the case of each presentation of the product;
d
the pharmaco-therapeutic group, or type of activity in terms easily comprehensible for the patient;
e
the name and address of the holder of the product licence and of the manufacturer.
2
The therapeutic indications.
3
A list of information which is necessary before taking the medicinal product, as follows —
a
contra-indications;
b
appropriate precautions for use;
c
forms of interaction with other medicinal products, with alcohol, tobacco and food and any other form of interaction which may affect the action of the medicinal product;
d
special warnings,
which
i
take into account the particular condition of certain categories of users;
ii
mention, if appropriate, potential effects on the ability to drive vehicles or to operate machinery;
iii
give details of those excipients, knowledge of which is important for the safe and effective use of the medicinal product.
4
The necessary and usual instructions for proper use of the medicinal product which shall include: —
a
the dosage;
b
the method and, if necessary, route of administration;
c
the frequency of administration, specifying if necessary the time at which the medicinal product may or must be administered;
and, where the nature of the product makes it appropriate, shall also include —
d
the duration of treatment where it should be limited;
e
the action to be taken in the case of an overdose;
f
the course of action to take when one or more doses have not been taken;
g
indication, if necessary, of the risk of withdrawal effects.
5
A description of the undesirable effects which can occur with normal use of the medicinal product and if necessary, the action to be taken in such a case, together with an express invitation to the patient to communicate any undesirable effect which is not mentioned in the leaflet to his doctor or pharmacist.
6
A reference to the expiry date indicated on the label with: —
a
a warning against using the product after this date;
b
where appropriate, special storage precautions;
c
if necessary, a warning against certain visible signs of deterioration.
7
The date upon which the leaflet was last revised.
.
Virginia Bottomley
Secretary of State for Health
21st December 1992
David Hunt
Secretary of State for Wales
21st December 1992
Fraser of Carmyllie
Minister of State Scottish Office
21st December 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1992
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 18th December 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th December 1992.
W. J. Hodges
Permanent Secretary


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992 and shall come into force on 26th November 1992.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 and 4 below.
3
In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , Council Regulation (EEC) No. 4193/88 , Council Regulation (EEC) No. 2220/89 , Council Regulation (EEC) No. 4056/89 , Council Regulation (EEC) No.3500/91 , Council Regulation (EEC) No. 345/92 , Council Regulation (EEC) No. 1465/92 , Council Regulation (EEC) No. 2120/92 and Council Regulation (EEC) No. 3034/92 ;
.
4
In Schedule 1 thereto (maximum fines on summary conviction apart from fines related to value of fish) there shall be inserted after paragraph 13 the following paragraph in columns 1, 2 and 3 —
13A
Article 9(17)
Provisions relating to purse seine nets £5,000
Revocation
5
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 4) Order 1992 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th November 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
19th November 1992
Patrick Mayhew
Secretary of State for Northern Ireland
23rd November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) (Amendment) Regulations 1992 and shall come into force on 28th July 1992.
Interpretation
2
In these Regulations “the principal Regulations ” means the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
In regulation 6(1), for the words “may, in the circumstances set out in paragraph (2),” there shall be substituted the words “, in the circumstances specified in paragraph (2) and, in the case of medical services consisting of physiotherapy and the provision of any equipment necessary for physiotherapy, in the circumstances specified in paragraph (3A), may”.
2
In regulation 6(2)–
a
for the words “referred to in paragraph (1)” there shall be substituted the words “specified in this paragraph”;
b
in sub-paragraph (b) for the words “the treatment” there shall be substituted the words “a treatment given in the circumstances specified in sub-paragraph (a)”.
3
After regulation 6(3) there shall be inserted–
3A
The circumstances specified in this paragraph are circumstances in which the services in question are provided in the United Kingdom to the insured and are associated with a treatment given in the United Kingdom to the insured by or under the supervision of a registered medical practitioner.
4
In regulation 6(5) before paragraph (a) there shall be inserted– “(aa) “treatment” and “services” have the meanings given by paragraph (1)(a) and (b) respectively;”.
4
In the Schedule to the principal Regulations in sub-paragraph (ii) of paragraph (a) the words “or 66” and “or 58” shall be omitted.
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th July 1992


text:
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Modification) Order 1992 and shall come into force on 1st January 1993.
2
Schedule 2 to the Criminal Justice (International Co-operation) Act 1990, which specifies scheduled substances for the purposes of Part II of that Act, shall be amended by the insertion–
a
in Table I of that Schedule–
i
before the word “EPHEDRINE”, of the words “N-ACETYLANTHRANILIC ACID”;
ii
after the word “ERGOTAMINE”, of the word “ISOSAFROLE”;
iii
after the words “LYSERGIC ACID”, of the words “3, 4-METHYLENEDIOXYPHENYL-2-PROPANONE”;
iv
after the words “1-PHENYL-2-PROPANONE”, of the word “PIPERONAL”; and
v
after the word “PSEUDOEPHEDRINE”, of the word “SAFROLE”; and
b
in Table II of that Schedule–
i
after the words “ETHYL ETHER”, of the words “HYDROCHLORIC ACID” and “METHYL ETHYL KETONE (also referred to as 2-BUTANONE or M.E.K.)”;
ii
after the word “PIPERIDINE”, of the words “POTASSIUM PERMANGANATE”, “SULPHURIC ACID” and “TOLUENE”; and
iii
after the words “in this Table”, of the words “except hydrochloric acid and sulphuric acid”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worthing Priority Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Worthing Priority Care 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 Worthing Priority Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Swandean Hospital, Arundel Road, Worthing, West Sussex BN13 3EP and associated hospitals;
b
to manage community health services provided from Swandean Hospital, Arundel Road, Worthing, West Sussex BN13 3EP and to own the associated promises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Worthing District Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Worthing District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Worthing District Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Red Bank Instrument of Management (Variation) Order 1992 and shall come into force on 1st October 1992.
2
In this Order “the principal Order ” means the Red Bank Instrument of Management Order 1973.
Amendment of Article 2 of the principal Order
2
1
Article 2(1) of the principal Order (interpretation) shall be amended as follows —
a
for the definition of “the Act” there shall be substituted —
“ the Act ” means the Children Act 1989
;
b
for the definition of “local authority” there shall be substituted —
“local authority” has the same meaning as in the Act except that “the Local Authority” means the St. Helens Metropolitan Borough Council
.
2
In Article 2(2) of the principal Order for the words “The Interpretation Act 1889” there shall be substituted the words “The Interpretation Act 1978” .
Amendment of Article 3 of the principal Order
3
Article 3 of the principal Order (purpose and nature of home) shall be amended as follows —
a
for paragraph (2) there shall be substituted the following paragraph —
2
Subject to paragraph (3) of this Article, the following facilities shall be provided at the home —
a
a special unit for the education and treatment of 26 children;
b
a unit at the premises known as Vardy House for the education and treatment of 8 children;
c
two remand units each for 6 children remanded to local authority accommodation;
d
two rehabilitation units each for 3 children from the special unit who enter an open rehabilitation programme; and
e
a unit for 6 children who leave Vardy House.
b
After paragraph (2) there shall be inserted the following paragraph —
3
The number of children for whom any facility to which paragraph (2) refers is provided may be varied by agreement in, or evidenced in, writing between the Organisation and the Local Authority.
Amendment of Article 5 of the principal Order
4
In Article 5 of the principal Order (character of home) for the words “section 40(3) of the Act” there shall be substituted the words “paragraph 2(4) of Schedule 4 to the Act (instrument of management to prevail over provisions of trust deed)”.
Amendment of Article 6 of the principal Order
5
In Article 6(2) of the principal Order (appointment of managers) for the words “County Council term” there shall be substituted the words “Metropolitan Borough Council term”.
Amendment of Article 11 of the principal Order
6
In Article 11 of the principal Order (secretary) for the words “The Clerk of the Local Authority” there shall be substituted the words “The Clerk of the Local Authority Community Personal Services Committee”.
Amendment of Article 18 of the principal Order
7
Article 18(3) of the principal Order (finance) shall be amended as follows —
a
for the words “Director of Social Services and the County Treasurer” there shall be substituted the words “Director of Personal Services and the Assistant Chief Executive (Finance)”;
b
for the words “County Social Services Committee” there shall be substituted the words “Local Authority Community Personal Services Committee”.
Amendment of Article 20 of the principal Order
8
Article 20 of the principal Order (admission and discharge of children in care) shall be amended as follows —
a
for the words “in care” there shall be substituted the words “who are being looked after by a local authority other than the Local Authority”;
b
the word “care”, where it appears for the second time, is omitted.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
9th September 1992


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1992.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1992–93 in sections 1(2) , 257 and 257A of that Act are set out in paragraphs (2), (3) and (4).
2
In section 1(2) of the said Act (basic rate limit) — £24,800.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £3,445;
b
in subsection (2) (personal allowance — age 65 to 74) — £4,200;
c
in subsection (3) (personal allowance — age 75 and over) — £4,370;
d
in subsection (5) (income limit for age-related allowance) — £14,200.
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,800;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £2,465;
c
in subsection (3) (married couple’s allowance — age 75 and over) — £2,505;
d
in subsection (5) (income limit for age-related allowances) — £14,200.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
1
The City of Manchester (Bradford Mill Bridge) Scheme 1992 is hereby confirmed.
2
The said Scheme as confirmed (hereinafter referred to as “the scheme”) is set out in the Schedule hereto and copies of the scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of Manchester City Council, Chief Executives Department, PO Box 532, Town Hall, Manchester M60 2LA.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the City of Manchester (Bradford Mill Bridge) Scheme 1992 Confirmation Instrument 1992.
Signed by authority of theSecretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Transport
17th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Special Constables (Amendment) Regulations 1992 and shall come into force on 1st August 1992.
Bounty payments
2
The Special Constables Regulations 1965 are amended —
a
by inserting after regulation 5 —
Bounty payments
5A
1
A police authority may, with the approval of the Secretary of State, undertake to make bounty payments in accordance with Schedule 2 to special constables appointed for their area.
2
An approval given for the purposes of this regulation may be withdrawn with effect from 1st October in any year.
3
The withdrawal of an approval does not affect rights acquired and obligations incurred, whether prospectively or otherwise, in respect of any period before the date from which the withdrawal takes effect.
; and
b
by inserting after the Schedule —
SCHEDULE 2
BOUNTY PAYMENTS
Regulation 5A
1
For the purposes of this Schedule —
a
the relevant periods are consecutive periods of 6 months, the first beginning with 1st October 1991, and
b
working hours are hours spent on duty or undergoing training.
2
A bounty payment shall be made to a special constable who is eligible to receive it if, but only if, he has applied for it to be made.
3
1
A special constable is eligible to receive a bounty payment of £200 in respect of any relevant period in which his working hours were 125 or more.
2
If —
a
a special constable’s working hours in two consecutive relevant periods of which the first began with 1st October in any year totalled 250 or more, and
b
he has become eligible under sub-paragraph (1) to receive a bounty payment in respect of one of the periods only,
he is eligible to receive a bounty payment of the appropriate amount.
3
The appropriate amount is —
a
if he has not applied for the bounty payment mentioned in sub-paragraph (2)(b) to be made, £400, and
b
in any other case, £200.
4
A special constable who has become eligible under sub-paragraphs (2) and (3)(a) to receive a bounty payment of £400 and has applied for it to be made ceases to be eligible to receive the bounty payment mentioned in sub-paragraph (2)(b).
.
Home Office
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
24th June 1992


text:
Citation and commencement
1
This Order may be cited as the Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1992 and shall come into force on 1st September 1992.
Revocation
2
The Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1990 is hereby revoked.
Interpretation
3
1
In this Order —
“the Act” means the Telecommunications Act 1984;
“application fee” means the fee payable to BABT by an applicant for an approval at the time of making application to BABT therefor in respect of the exercise by BABT of the Secretary of State’s function of determining the application;
“approval” means an approval of apparatus under section 22 of the Act;
“BABT” means the British Approvals Board for Telecommunications;
“continuation fee” means, in relation to an approval which specifies relevant conditions, the fee payable to BABT by that person upon each relevant anniversary in respect of the exercise by BABT of the function of satisfying itself that those conditions are being complied with;
“relevant anniversary” means, in relation to a continuation fee, the anniversary of the date upon which the approval was given (whether that date was before or after the coming into force of this Order) being an anniversary on which the approval remains in force; and
“relevant conditions” mean conditions specified by an approval pursuant to section 22(4) of the Act which must be complied with if the approval is to apply, imposing on the person to whom the approval is given a requirement from time to time to satisfy BABT with respect to any matter.
2
A reference in this Order to the function of —
a
the determination of applications for approval; or
b
being satisfied that relevant conditions are being complied with,
includes, without prejudice to the generality thereof, a reference to the consideration by BABT of whether the apparatus to which the application relates conforms or continues to conform as the case may be with a standard designated under section 22(6) of the Act.
3
In this Order —
“master product” means the primary design of apparatus to which an application for approval relates;
“sister product” means a variant of the master product which has some features differing therefrom to an extent such that there are differences in the testing and evaluation involved in the determination of the application for approval; and
“brand-name product” means a variant of a master product or sister product which differs therefrom only in the name of the product (and in the marking and literature), where the application for approval is made in reliance upon the approval of the product from which it is derived,
and the application fees specified in Schedule 1 hereto in relation to a sister product or a brand-name product shall be payable whether application for the approval thereof is made at the same time as, or subsequently to, the application for the approval of the master product.
Application
4
This Order applies to —
a
the application fees for applications for approval of apparatus of descriptions listed in Column 1 of Schedule 1 hereto received by BABT on or after 1st September 1992; and
b
the continuation fees for approvals of apparatus of descriptions listed in Column 1 of Schedule 2 hereto payable on relevant anniversaries falling on or after 1st September 1992 whether the approval was granted before or after the coming into force of this Order.
Application fees
5
1
The application fee in respect of each description of apparatus listed in Column 1 of Schedule 1 hereto shall be the sum of —
a
the relevant amounts specified in Columns 2 to 7 of Schedule 1 hereto in relation to that description; and
b
an amount equal to the value added tax chargeable on the supply of the function of the determination of the application for approval.
2
For the purposes of this article, the value of the supply made by BABT in the exercise of the function of the determination of the application for approval by reference to which value added tax is chargeable shall be the amounts referred to in paragraph (1)(a) above.
Continuation Fees
6
1
The continuation fee to be paid on each relevant anniversary for an approval of apparatus of a description specified in Column 1 of Schedule 2 hereto which specifies relevant conditions shall be the sum of —
a
the amount specified in Columns 2 and 3 of Schedule 2 hereto in relation to that description; and
b
an amount equal to the value added tax chargeable on the supply of exercising the function of satisfying itself that relevant conditions are being complied with.
2
For the purposes of this article, the value of the supply made by BABT in the exercise of the function of satisfying itself that relevant conditions are being complied with by reference to which value added tax is chargeable shall be the amounts referred to in paragraph (1)(a) above.
E. Leigh
Parliamentary Under Secretary of State for Technology
Department of Trade and Industry
29th July 1992 (Landscape Table)


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Dangerous Substances) (Classification) Regulations 1992 and shall come into force on 20th March 1992.
Classification of waters
2
1
A system employing the classification DS3 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland freshwaters.
2
The criterion for the classification DS3 is that the annual mean concentration of each substance listed in column (1) of the Schedule in samples taken and tested in accordance with these Regulations must not exceed the relevant concentration specified in column (2) of the Schedule.
Sampling and analysis
3
1
The provisions of this regulation apply as respect the taking and testing of samples of any waters to which the classification DS3 is for the time being applied.
2
Samples must be taken in relation to such waters at a frequency sufficient to show any changes in the aquatic environment, having regard in particular to natural variations in hydrological conditions.
3
Where a discharge containing any substance listed in column (1) of the Schedule is made to such waters, samples must be taken at a point sufficiently close to the discharge point to be representative of the quality of the aquatic environment in the area affected by the discharge.
4
Samples taken in relation to such waters shall be analysed using the relevant reference methods of measurement specified in column (3) of the Schedule or other methods which have limits of detection, precision and accuracy at least as good.
Modification of section 83 of the Water Resources Act 1991
4
Section 83 of the Water Resources Act 1991 shall have effect as if —
a
it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification DS3 to all relevant territorial waters, coastal waters and inland freshwaters; and
b
in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.
Michael Heseltine
Secretary of State for the Environment
19th February 1992
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
20th February 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Haddock and Hake (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 22nd December 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea( ) or the area known as CECAF Division 34.1.1.specified in the Schedule hereto.
Prohibition of fishing for haddock
2
1
Subject to paragraph (2) below, fishing for haddock ( Melanogrammus aeglefinus )
a
by any British fishing boat registered in the United Kingdom within any part of the sea area ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel), ICES VIII (Bay of Biscay), ICES IX (Portuguese Waters), ICES X (Azores Grounds) or CECAF 34.1.1.; or
b
by any other British fishing boat within any part of such a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area CECAF 34.1.1. which lies outside the sovereignty or jurisdiction of a member State.
Prohibition of fishing for hake and exception
3
1
Subject to paragraph (2) below, fishing for hake (Merluccius merluccius)
a
by any British fishing boat registered in the United Kingdom within any part of the sea area ICES Vb (Faroes Grounds), ICES VI (Rockall and West of Scotland), ICES VII, ICES XII (North of Azores) or ICES XIV (East Greenland); or
b
by any other British fishing boat within any part of such a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Vb (Faroes Grounds) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967( ) as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th December 1992.
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
18th December 1992
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
18th December 1992
Patrick Mayhew
Secretary of State for Northern Ireland
18th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Derbyshire Mental Health National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Southern Derbyshire Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Southern Derbyshire Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at the Mental Health Hospital and Community Unit, Kingsway Hospital, Derby DE22 3LZ and associated hospitals;
b
to manage community health services provided from the Mental Health Hospital and Community Unit, Kingsway Hospital, Derby DE22 3LZ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Southern Derbyshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Southern Derbyshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2to the Act (authority which is to make the scheme under section 6 of the Act for the transferof staff ) in relation to the trust shall be the Southern Derbyshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brighton Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Brighton Health Care 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 Brighton Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Royal Sussex County Hospital, Eastern Road, Brighton BN2 5BE and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Brighton Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Brighton Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Brighton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the A12 Trunk Road (Eastern Avenue East and Eastern Avenue West, Havering) (Prescribed Routes) Order 1992 and shall come into force on23rd March 1992.
2
In this Order —
“Eastern Avenue East” and “Eastern Avenue West” mean those lengths of the A12 trunk road in the London Borough of Havering known by those names;
“northeastern traffic island” means the island site in the westbound carriageway of Eastern Avenue East which extends to the junction from a point 17 metres northeast of the junction;
“southwestern traffic island” means the island site in the eastbound carriageway of Eastern Avenue West which extends to the junction from a point 17 metres southwest of the junction; and
“the junction” means the junction of Eastern Avenue East and Eastern Avenue West with the highways known as Havering Road (B175) and North Street (A125).
3
Every person causing or permitting a vehicle to pass to the right of the southwestern traffic island —
a
shall cause that vehicle to turn right into North Street; or
b
is permitted to cause that vehicle to make a U-turn at the junction in order to proceed in Eastern Avenue West in the opposite direction.
4
Every person causing or permitting a vehicle to pass to the right of the northeastern traffic island —
a
shall cause that vehicle to turn right into Havering Road; or
b
is permitted to cause that vehicle to make a U-turn at the junction in order to proceed in Eastern Avenue East in the opposite direction.
5
Save as provided in articles 3 and 4 above, no person shall cause or permit any vehicle proceeding in Eastern Avenue East or Eastern Avenue West to make a right turn or a U-turn at the junction.
6
Nothing in this Order shall apply to —
a
any vehicle being used for fire brigade, police or ambulance purposes; or
b
anything done with the permission or at the direction of a constable in uniform or of a traffic warden. Signed by authority of the Secretary of State for Transport J C Miles Director (Network Management) London Regional Office of the 16th March 1992 Department of Transport


text:
1
The Borough Council of Sandwell (Black Country Spine Road) (Ryders Green Locks Canal Bridge) Scheme 1992 Confirmation Instrument 1992 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and at the offices of the Borough Council of Sandwell, Sandwell Council Office, Oldbury, Warley, West Midlands.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of schedule 2 to the Highways Act 1980.
4
This instrument may be cited as the Borough Council of Sandwell (Black Country Spine Road) (Ryders Green Locks Canal Bridge) Scheme 1992 Confirmation Instrument 1992.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director, Northern Region,
Department of Transport
22nd December 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Solicitor and Client Accounts in the Sheriff Court) 1992 and shall come into operation on 20th July 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Remit of solicitor’s account for taxation
2
1
Subject to section 61A(1) of the Solicitors (Scotland) Act 1980( ), the sheriff may remit the account of a solicitor to his client to the Auditor of Court for taxation.
2
Where a remit is made under sub-paragraph (1) —
a
the solicitor shall, within 21 days, lodge with the Auditor the account, which shall be in such form as shall enable the Auditor readily to establish the nature and extent of the work done to which the account relates and shall detail the outlays incurred by the solicitor, together with such supporting material as is necessary to vouch the items on the account;
b
the Auditor shall assign a diet of taxation not earlier than fourteen days from the date he receives the account and intimate that diet forthwith to the solicitor;
c
the solicitor shall then, forthwith, send by first class recorded delivery post a copy of the account lodged to the client (if such a copy has not already been sent to the client) and give notice in terms of Form A in the Schedule to this Act of Sederunt, of the date, time and place of the taxation to the client;
d
the Auditor shall report his decision to the court and shall forthwith send a copy of his report to the solicitor and to the client; and
e
the solicitor or the client may, provided that he or his representative has attended at the diet of taxation, lodge a note of reasoned objections to the report within seven days from the date of the report, and the sheriff shall dispose of such objections in a summary manner, with or without answers.
Taxation of litigation account
3
1
Where the Auditor taxes the account of a solicitor to his client in respect of the conduct of a litigation on behalf of the client, he —
a
shall allow a sum in respect of such work and outlays as have been reasonably incurred;
b
shall allow in respect of each item of work and outlay such sum as may be fair and reasonable having regard to all the circumstances of the case;
c
shall, in determining whether a sum charged in respect of an item of work is fair and reasonable, take into account —
i
the complexity of the litigation and the number, difficulty or novelty of the questions raised;
ii
the skill, labour, specialised knowledge and responsibility involved;
iii
the time spent on the item of work and on the litigation as a whole;
iv
the number and importance of any documents or other papers prepared or perused without regard to length;
v
the place where and the circumstances (including the degree of expedition required) in which the solicitor’s work or any part of it has been done;
vi
the amount or value of any money or property involved in the litigation; and
vii
the importance of the litigation or its subject matter to the client;
d
shall presume (unless the contrary is demonstrated to his satisfaction) that —
i
an item of work or outlay was reasonably incurred if it was incurred with the express or implied approval of the client;
ii
the fee charged in respect of an item of work or outlay was reasonable if the amount of the fee or the outlay was expressly or impliedly approved by the client; and
iii
an item of work or outlay was not reasonably incurred, or that the fee charged in respect of an item of work or outlay was not reasonable if the item of work, outlay or fee charged, was unusual in the circumstances of the case, unless the solicitor informed the client prior to carrying out the item of work or incurring the outlay that it might not be allowed (or that the fee charged might not be allowed in full) in a taxation in judicial proceedings between party and party; and
e
may disallow any item of work or outlay which is not vouched to his satisfaction.
Amendment of Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989
4
1
The Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989( ) shall be amended in accordance with the following sub-paragraphs.
2
In paragraph 1 of the General Regulations omit the words “(a) solicitor and client, client paying, (b) solicitor and client, third party paying and (c)”.
3
In paragraph 2 of the General Regulations omit the words “as between party and party”.
4
In paragraph 5(b) of the General Regulations omit the words from “Where such an increase” to “against his own client.”
5
In paragraph 7 of the General Regulations omit —
a
the words “in accounts as between party and party” where they occur in the first sentence; and
b
the words from “In accounts” to the end of the paragraph.
6
In paragraph 8 of the General Regulations omit the words “between party and party”.
7
In paragraph 12 of the General Regulations omit the words “as between party and party”.
J.A.D. Hope
Lord President, IPD
Edinburgh
16th June 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Tunbridge Wells Borough Council) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations–
“ the Act ” means the Local Government Act 1988, and
“the principal Regulations ” means the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 .
Postponement of date
2
1
Regulation 4(2) of the principal Regulations shall, in its application to the Tunbridge Wells Borough Council, have effect as if–
a
for the first reference to 1993 there were substituted a reference to 1992, and
b
the last line of the table were omitted.
2
In relation to functional work of any description falling within the defined activity mentioned in section 2(2)(f) of the Act (maintenance of ground) which is proposed to be carried out by the Tunbridge Wells Borough Council in the calendar year 1993, section 6 of the Act shall apply–
a
in the period beginning on 1st January and ending on 30th June 1993, to such part of the work as is estimated by the authority to equal in value 60 per cent. of the value of earlier work (within the meaning of regulation 4(3) of the principal Regulations), and
b
in the remaining period of the year, to such part of the work as is so estimated to equal in value 80 per cent. of the value of such earlier work.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
7th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bournemouth and District Water Company (Constitution and Regulation) Order 1992 and shall come into force on 14th September 1992.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 14th September 1992.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 14th September 1992.
Signed by authority of the Secretary of State for the Environment
David Maclean
Minister of State,
Department of the Environment
17th August 1992


text:
Citation and commencement
1
This Order may be cited as the Superannuation (Children’s Pensions) (Earnings Limit) Order 1992 and shall come into force on 6th April 1992.
Increase in children’s earnings 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 £1,550 to £1,614.
Revocation of previous order
3
The Superannuation (Children’s Pensions) (Earnings Limit) Order 1991 is hereby revoked.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
24th February 1992


text:
Citation and commencement
1
1
This Order may be cited as the Aylesbury Vale Community Healthcare National Health Service Trust (Establishment) Amendment Order 1992 and shall come into force on 11th August 1992.
Amendment of Establishment Order
2
In article 4 of the Aylesbury Vale Community Healthcare National Health Service Trust (Establishment) Order 1991 for the words “4 non-executive” there shall be substituted “5 non-executive” and for the words “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Commissioners Procedure (Amendment) Regulations 1992 and shall come into force on 1st June 1992.
Definition of “appeal tribunal”
2
In regulation 2 of the Social Security Commissioners Procedure Regulations 1987 , for the definition of “appeal tribunal” there shall be substituted the following —
“appeal tribunal” means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the Act or a disability appeal tribunal constituted in accordance with Schedule 10A to the Act;
Mackay of Clashfern, C.
7th May 1992


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Interest) Regulations 1992 and shall come into force on 24th September 1992.
Interpretation
2
In these Regulations unless the context otherwise requires–
“approved manufactured payment” means manufactured interest which is not an unapproved manufactured payment;
“interest manufacturer” has the meaning given by sub-paragraph (1) of paragraph 3 of Schedule 23A;
“the Management Act ” means the Taxes Management Act 1970 ;
“manufactured interest” shall be construed in accordance with paragraph 3 of Schedule 23A;
“market maker” has the meaning given by sub-paragraph (1) of paragraph 1 of Schedule 23A;
“Schedule 23A” means Schedule 23A to the Taxes Act ;
“section 737” means section 737 of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“the Tax Acts” has the meaning given by section 831(2) of the Taxes Act;
“unapproved manufactured payment” has the meaning given by sub-paragraph (1) of paragraph 1 of Schedule 23A as respects manufactured interest;
“United Kingdom securities” has the meaning given by sub-paragraph (1) of paragraph 1 of Schedule 23A.
Introductory
3
These Regulations make provision–
a
for prescribed manufactured interest to be treated in prescribed circumstances otherwise than as mentioned in paragraph 3(2) of Schedule 23A;
b
with respect to the returns which are to be made, and the information which is to be furnished, by interest manufacturers in connection with manufactured interest;
c
for a prescribed provision of the Management Act to apply to manufactured interest; and
d
for section 737 and Schedule 16 to the Taxes Act to apply with prescribed modifications in connection with manufactured interest.
Scope of the Regulations
4
These Regulations apply to manufactured interest on United Kingdom securities.
PART II
MODIFICATION OF PARAGRAPH 3(2) OF SCHEDULE 23A
Tax treatment of certain manufactured interest
5
1
For the purposes of the provision of the Tax Acts prescribed by paragraph (2), the manufactured interest prescribed by paragraph (3) and paid by an interest manufacturer prescribed by paragraph (4) shall be treated, in relation to that interest manufacturer and in the circumstances prescribed by paragraph (5), as mentioned in paragraph (6) below and not as mentioned in paragraph 3(2) of Schedule 23A.
2
The provision prescribed by this paragraph is section 349(2) of the Taxes Act.
3
The manufactured interest prescribed by this paragraph is any amount which–
a
is representative of a periodical payment of yearly interest on United Kingdom securities, and
b
is paid in the circumstances prescribed by paragraph (5).
4
The interest manufacturer prescribed by this paragraph is a company resident in the United Kingdom.
5
The circumstances prescribed by this paragraph are where, pursuant to the rules of the stock exchange governing the transaction, the payment made in respect of the interest is of the amount of the interest before deduction of tax.
6
The manufactured interest referred to in paragraph (1) shall be treated as a payment of interest other than yearly interest.
PART III
ADMINISTRATIVE ARRANGEMENTS RELATING TO SCHEDULE 23A
Interpretation of Part III
6
In this part of these Regulations–
“qualifying person” means an interest manufacturer who–
is a company resident in the United Kingdom,
carries on a business which from time to time involves manufactured interest being paid by that company to any person, and
is capable, whether by reason of being a market maker in relation to United Kingdom securities or otherwise, of making an approved manufactured payment.
Inclusion of information relating to manufactured payments in returns by companies resident in the United Kingdom
7
In any return under Schedule 16 to the Taxes Act, a company shall show the amount of any unapproved manufactured payments and the income tax in respect of those payments separately from the amount of any approved manufactured payments and the income tax in respect of them.
Provision of information relating to manufactured payments by companies resident in the United Kingdom
8
Where an interest manufacturer, being a company resident in the United Kingdom, makes a payment of manufactured interest other than a payment made in the circumstances prescribed by paragraph (5) of regulation 5, it shall furnish the recipient with a voucher showing the gross amount of the payment, the amount of tax deducted, and the actual amount paid.
Modifications of section 21 of the Management Act in relation to qualifying persons
9
1
Paragraph (2) prescribes the provision of the Management Act which shall apply in relation to qualifying persons and paragraph (3) specifies the modifications with which that provision shall apply.
2
The provision prescribed by this paragraph is section 21(a).
3
The modifications specified by this paragraph are that section 21 shall have effect as if–
a
references to “market maker” in subsections (1) to (5) included references to a qualifying person, and
b
in subsection (1) the words from “whose” onwards were omitted.
PART IV
ADMINISTRATIVE ARRANGEMENTS RELATING TO
SECTION 737
Interpretation of Part IV
10
In this part of these Regulations–
“dividend manufacturer” means any person who–
is a dividend manufacturer in relation to whom subsection (1) of section 737 applies, and
makes a payment of a manufactured dividend in respect of United Kingdom securities;
“manufactured dividend” means any payment which is a manufactured dividend in respect of United Kingdom securities in relation to which subsection (1) of section 737 applies, other than one which is such a payment by virtue of the provisions of subsection (6) of that section for treating references to a periodical payment of interest as including references to a qualifying distribution or a dividend which is not a qualifying distribution;
“qualifying dividend manufacturer” means a dividend manufacturer who–
carries on a business which from time to time involves a manufactured dividend being paid by that person to another, and
is capable, whether by reason of being a market maker in relation to United Kingdom securities or otherwise, of making a payment of a manufactured dividend which is an approved manufactured payment.
Provision of information relating to payments of manufactured dividends by dividend manufacturers
11
Where a dividend manufacturer makes a payment of a manufactured dividend in respect of United Kingdom securities, he shall furnish the recipient with a voucher showing the gross amount of the payment, the amount of tax deducted, and the actual amount paid.
Modifications of section 21 of the Management Act in relation to qualifying dividend manufacturers
12
1
Paragraph (2) prescribes the provision of the Management Act which shall apply in relation to qualifying dividend manufacturers and paragraph (3) specifies the modifications with which that provision shall apply.
2
The provision prescribed by this paragraph is section 21.
3
The modifications specified by this paragraph are that section 21 shall have effect as if–
a
references to “market maker” in subsections (1) to (5) included references to a qualifying dividend manufacturer, and
b
in subsection (1) the words from “whose” onwards were omitted.
PART V
MODIFICATIONS OF SECTION 737 AND SCHEDULE 16 TO THE TAXES ACT
Interpretation of Part V
13
In this part of these Regulations, “dividend manufacturer” and “manufactured dividend” have the meanings given by regulation 10.
Modifications of section 737 and Schedule 16 to the Taxes Act
14
1
In the case specified in paragraph (2), section 737 shall apply with the modification prescribed by paragraph (3), and the provision of the Tax Acts prescribed by paragraph (4) shall apply with the modifications prescribed by paragraph (5).
2
The case specified in this paragraph is where the dividend manufacturer–
a
is a company which is not resident in the United Kingdom but carries on a trade through a branch or agency in the United Kingdom, and
b
is a market maker in relation to the United Kingdom securities concerned.
3
The modification prescribed by this paragraph is that section 737 shall apply as if subsection (5A)(a) of that section were omitted.
4
The provision prescribed by this paragraph is Schedule 16 to the Taxes Act.
5
The modifications prescribed by this paragraph are that Schedule 16 to the Taxes Act shall apply as if–
a
paragraph 3 of that Schedule included a requirement that the amount of any unapproved manufactured payments made by the dividend manufacturer in any period and the income tax in respect of those payments should be shown in any return made by the dividend manufacturer for that period separately from the amount of any approved manufactured payments and the income tax in respect of them;
b
paragraph 5(1) of that Schedule did not enable the dividend manufacturer to set income tax borne by deduction on any payment received by it in any accounting period against income tax which it was liable to pay under the Schedule in respect of any unapproved manufactured payment made by it in that period; and
c
the reference in paragraph 7 of that Schedule to “section 7(2)” were a reference to “section 11(3)”.
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th August 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Milk (Special Designation) Regulations (Amendment) Order 1992 and shall come into force on 23rd June 1992.
2
This Order shall apply to England and Wales.
Amendment of the Milk (Special Designation) Regulations 1989
2
The Milk (Special Designation) Regulations 1989 shall have effect subject to the following amendments —
a
after regulation 2A(5) there shall be inserted the following paragraph —
6
any person contravenes or fails to comply with any of the provisions of this Regulation he shall be guilty of an offence.
;
b
after regulation 2B(3) there shall be inserted the following paragraph —
4
If any person contravenes or fails to comply with any of the provisions of this Regulation he shall be guilty of an offence.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State for Health
20th May 1992
David Hunt
Secretary of State for Wales
18th May 1992


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1992 and shall come into force on 1st January 1993.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1989
2
The Plant Health (Forestry) (Great Britain) Order 1989( ) shall be amended in accordance with article 3 below.
3
At the end of article 9 there shall be added the following paragraph:
8
Paragraphs (5) and (7) of this article shall not apply to any consignment of or, as the case may be, any phytosanitary certificate, reforwarding phytosanitary certificate or mill certificate in respect of any tree, wood, isolated bark, soil or growing medium which is directly consigned to Great Britain from a Member State.
.
In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 16th December 1992.
P.J. Clarke
Secretary to the Forestry Commissioners