text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992 and shall come into force on 1st August 1992.
2
The provisions of this Order apply in respect of pupils at or near the end of the final year of the third key stage in the core subjects and technology for the purpose of ascertaining the achievements of pupils in those subjects.
3
This Order applies to maintained schools in England only.
Interpretation
2
1
In this Order —
“the associated documents” means documents published by Her Majesty’s Stationery Office entitled “English in the National Curriculum ( No. 2) ” , “Mathematics in the National Curriculum (1991) ” , “Science in the National Curriculum (1991) ” , and “Technology in the National Curriculum ” (which documents have effect by virtue of the section 4(2)(a) and (b) orders);
“the core subjects” means English, mathematics and science;
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the levels of attainment which they have achieved in attainment targets and “NC tests timetable ” means a timetable for the administration of NC tests, being respectively tests and a timetable laid down in provisions made by the Secretary of State under article 11 which have been published by Her Majesty’s Stationery Office;
“the section 4(2)(a) and (b) orders” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (No. 2) Order 1990 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1990 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1991 , and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1991 ;
“specified” means specified in relation to the third key stage by a section 4(2)(a) and (b) order;
“spring term” and “summer term” mean the second and third terms respectively in a school year; out in paragraph (c) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
Teacher assessment
3
1
Each pupil shall be assessed by a teacher during the summer term in accordance with the provisions of this article.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for each subject which applies to him.
3
The teacher shall each year not later than 31st May assess the pupil and record the results of the assessment.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every attainment target mentioned in paragraph (2).
5
In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).
NC test assessment
4
1
Subject to articles 9 and 10 each pupil shall be assessed in accordance with the provisions of this article, and such an assessment shall be known as a “NC test assessment”.
2
NC tests shall be administered to the pupil in accordance with the provisions of the document in which they are published at the times specified in the relevant NC tests timetable and the results of the tests recorded as soon as reasonably practicable thereafter.
3
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to each relevant attainment target.
4
In paragraph (3) and article 5 “relevant attainment target” means any attainment target in which the NC tests enable achievements to be assessed.
Determination of levels of attainment
5
1
Subject to the provisions of this article and articles 6 and 9 a pupil’s level of attainment in each relevant attainment target (except the attainment target referred to in paragraph (2)) shall be the level determined by NC test assessment and in each other attainment target the level determined by teacher assessment.
2
Subject as aforesaid in the case of the attainment target in technology entitled “Information Technology ” the level shall be the average of the teacher assessment and NC test assessment levels.
3
If the pupil’s level determined in an attainment target by NC test assessment is lower than the lowest level which the test was designed to assess ( “the lowest test level ”), the pupil’s level of attainment shall be one level below the lowest test level unless paragraph (4) applies.
4
This paragraph applies where —
a
the pupil’s level of attainment in the attainment target determined by teacher assessment is two or more levels below the lowest test level; or
b
the pupil’s level of attainment in at least one other attainment target in the subject determined by NC test assessment is lower than the lowest test level; or
c
the attainment target is also a profile component; or
d
the attainment target is one of the attainment targets comprising the profile component in English entitled “Writing ”.
5
Where paragraph (4) applies the pupil’s level of attainment in the attainment target shall be zero and articles 7 and 8 shall not apply for the purpose of determining a level of attainment in the subject and any profile component in the subject.
Verification of assessments
6
1
This article makes provision for the verification of teacher assessments and NC test assessments by bodies designated by the Secretary of State for that purpose and the substitution for levels of attainment determined by such assessments of levels determined by such bodies.
2
On request by the relevant designated body the head teacher shall provide it with the results of teacher assessments and NC test assessments of such number or proportion of pupils and in such subjects or attainment targets of subjects as it may require, together with the supporting material referred to in paragraph (3), to enable the relevant designated body to verify the assessments.
3
The supporting material consists of the records and other evidence of a pupil’s achievements relied on by a teacher in making a teacher assessment, the pupil’s written response to the NC test and such further material as the relevant designated body may reasonably require.
4
If after such verification the relevant designated body considers that the results of the assessments are accurate, it shall so notify the head teacher, and the levels of all pupils at the school determined by teacher and NC test assessments (whether or not verified) shall be the levels for the subject in question.
5
If after such verification the relevant designated body considers that some of the results are inaccurate, it shall so notify the head teacher and, if it so requests, the head teacher shall as soon as practicable —
a
arrange for the results considered to be inaccurate, together with such other results as the relevant designated body may request, to be reconsidered by the teachers concerned and subsequently submitted to the body for verification; and
b
provide the body with the results of the assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (3), for verification.
6
Where any level of attainment determined by the relevant designated body differs from the level determined by a teacher or NC test assessment, the level determined by that body after verification shall be the level of attainment.
7
References in this article and article 10 to the relevant designated body are to the body designated by the Secretary of State which has responsibility for verifying assessments of the school in question.
Determination of attainment by profile component: English and technology
7
1
Subject to articles 5(5), 9 and 10 the provisions of this article regulate the determination of profile component levels in English and technology.
2
Where a profile component consists of a single attainment target, the level of attainment for that target shall be the pupil’s level in that profile component.
3
In the case of the profile component in technology entitled “Design and Technology”, the level for that component shall be the average of the levels attained by the pupil in the four attainment targets in that profile component, weighted by the following factors:
Identifying needs and opportunities 3 Generating a design 5 Planning and making 8 Evaluating 4.
4
In the case of the profile component in English entitled Writing (which consists of three attainment targets: Writing, Spelling and Handwriting), the level for that component shall be the average of the levels attained by the pupil in the three attainment targets, calculated in accordance with the following provisions of this article.
5
Where the pupil’s level of attainment in Writing does not exceed level 7, and either his levels in both Spelling and Handwriting do not exceed level 4 or his level in Presentation is level 5, 6 or 7, the levels shall be weighted by the following factors:
Writing 8 Spelling 1 Handwriting 1 Presentation 2.
6
Where the pupil’s level of attainment in Writing is level 8, 9 or 10, and either his levels in Spelling and Handwriting do not exceed 4 or his level in Presentation does not exceed level 6, the levels shall be weighted as provided in paragraph (5).
7
Where the pupil’s level of attainment in Writing is level 8, 9 or 10 and his level in Presentation is level 7, his level in the profile component Writing shall be that achieved in the attainment target Writing.
Determination of attainment by subject
8
1
Subject to articles 5(5), 9 and 10 the provisions of this article regulate the aggregation of attainment target and profile component levels of attainment to determine subject levels of attainment.
2
In the case of English and technology, a pupil’s level of attainment shall be the average of the profile component levels of attainment in that subject, calculated in accordance with paragraph (3).
3
a
In the case of English, the profile components shall be weighted by the following factors:
Speaking and Listening 1 Reading 2 Writing 2.
b
In the case of technology, the profile components shall be weighted by the following factors:
Design and Technology 3 Information Technology 1.
4
In the case of mathematics and science, a pupil’s level of attainment in each subject shall be the average of his levels in each attainment target.
5
The results of the application of the provisions of this article and of articles 6 and 7 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in each subject and each attainment target and profile component in each such subject.
Pupils not subject to provisions of the National Curriculum
9
1
Articles 7 and 8 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where in the case of English and technology one attainment target in a profile component does not apply to such a pupil, or in the case of mathematics and science one attainment target in the subject does not so apply, article 7 (in the case of English and technology) and article 8 (in the case of mathematics and science) shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in the profile component or subject, as the case may be.
3
Where by virtue of paragraph (2) one or more profile component levels of attainment cannot be determined, or where more than one attainment target in a subject does not apply to such a pupil, paragraphs (1) to (4) of article 8 shall not apply.
4
If the Writing attainment target of the profile component in English entitled Writing does not apply to such a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.
5
Article 8(5) shall apply in respect of all levels of attainment in attainment targets, profile components and subjects which have been assessed in relation to the pupil.
Pupil’s absence
10
1
Where a pupil is unable to take a NC test due to his absence, and his absence was authorised or not treated as unauthorised (within the meaning of the Pupils' Registration Regulations 1956) , the head teacher shall provide the results of the teacher assessment of the pupil to the relevant designated body together with such supporting material as it may reasonably require.
2
If the relevant designated body is satisfied that the results of the teacher assessment are accurate the levels of attainment determined by the assessment shall be the pupil’s levels.
3
If and to the extent that the relevant designated body is not so satisfied the pupil’s levels shall be those which that body considers accurately represent the pupil’s achievements.
4
Where a pupil is unable to take a NC test due to his unauthorised absence (within the meaning of the said Regulations of 1956), his level of attainment in the attainment targets in which the NC test enables achievement to be assessed, in any profile component of which those attainment targets form part and in the subject shall be recorded as not having been assessed.
Supplementary powers of the Secretary of State
11
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular provisions as to NC tests for the purpose mentioned in the definition of such tests in article 2(1) and as to the time when and the manner in which the tests are to be taken.
John Patten
Secretary of State for Education
27th July 1992


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Combined Probation Areas (Warwickshire) Order 1992 and shall come into force on 1st April 1993.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Warwickshire Probation Area shall be amended by substituting in column 3 —
a
“1” for “2” in the entry in respect of the petty sessions area of Atherstone and Coleshill;
b
“2” for “4” in the entry in respect of the petty sessions area of Mid-Warwickshire;
c
“2” for “4” in the entry in respect of the petty sessions area of Nuneaton;
d
“1” for “3” in the entry in respect of the petty sessions area of Rugby; and
e
“1” for “3” in the entry in respect of the petty sessions area of South Warwickshire.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
10th December 1992


text:
1
1
These Regulations may be cited as the Imitation Dummies (Safety) Regulations 1992.
2
These Regulations shall come into force on 16th December 1992 and shall cease to have effect at the expiration of a period of twelve months beginning with that date.
2
It appears to the Secretary of State that the need to protect the public requires that these Regulations should be made without delay.
3
In these Regulations —
“ BS 5239: 1988” means the British Standard Specification for babies' dummies published by the British Standards Institution on 31st October 1988 and amended on 31st May 1989 and 28th February 1991 subject to any amendments made thereto and approved by the Secretary of State;
“BS 5665: 1989” means the British Standard Specification for toys published by the British Standards Institution, Part 1 of which was published on 28th April 1989 subject to any amendments made thereto and approved by the Secretary of State;
“dummies” means a substitute nipple for a baby to suck on or bite on that is not designed to facilitate a baby obtaining fluid.
4
1
No person shall supply, offer to supply, agree to supply, expose for supply or possess for supply any goods which are designed or constructed primarily as goods for private use*mdash;
a
which have a form, colour, appearance, packaging or labelling which is likely to cause persons, in particular children, to confuse them with dummies and in consequence place them in their mouths or suck them or swallow them; and
b
where such action as is mentioned in (a) above is taken in relation to them, may cause death or personal injury.
2
In this regulation “goods” do not include those goods which comply with the requirements of BS 5239: 1988 or those which meet the requirements of clause 3.2.2.1 of Part 1 of BS 5665: 1989.
Denton of Wakefield
Parliamentary Under Secretary of State
Department of Trade and Industry
15th December 1992


text:
1
This Order may be cited as the Road Traffic Offenders (Prescribed Devices) (No. 2) Order 1992 and shall come into force on 1st January 1993.
2
A device designed or adapted for recording by photographic or other image recording means the position of motor vehicles in relation to light signals is a prescribed device for the purposes of section 20 of the Road Traffic Offenders Act 1988.
Home Office
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
12th November 1992


text:
Title and commencement
1
This Order may be cited as the Shellfish and Specified Fish (Third Country Imports) Order 1992 and shall come into force on 1st January 1993.
Interpretation
2
In this Order —
“eggs” means fertilized ova, including eyed ova and any associated fluid, of fish, crustaceans or molluscs;
“fish” means any fish at any stage of development;
“gametes” means sperm or unfertilized ova and any associated fluid of fish, crustaceans or molluscs;
“Great Britain” includes the territorial waters of the United Kingdom adjacent to Great Britain;
“licence” means a licence issued under article 3(1) of this Order;
“specified fish” means live fish, eggs and gametes other than live fish of the salmon family and their eggs and live freshwater fish and their eggs;
“shellfish” means any crustacean or mollusc at any stage of development, their eggs and gametes;
“third country” means a country or territory other than another member State, the United Kingdom, the Isle of Man or any of the Channel Islands.
Prohibition on importing shellfish or specified fish into Great Britain from Third Countries
3
1
No person shall import into Great Britain from a third country any shellfish or specified fish except under the authority, and in accordance with the provisions, of a licence issued by the appropriate Minister.
2
A licence may be either general or specific and may, in either case, be issued subject to such conditions as the appropriate Minister considers appropriate for the purpose of preventing the introduction or spreading of diseases of fish or shellfish into or within Great Britain.
3
A general licence shall be issued by its publication in such manner and to such extent as appears to the appropriate Minister to be sufficient to bring it to the notice of those persons likely to be affected by it.
4
The appropriate Minister may vary, revoke or suspend a licence —
a
in the case of a general licence by a notice published, so far as practicable, in the same manner and to the same extent as the licence; and
b
in the case of a specific licence by a notice served on the person to whom the licence was issued.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1992.
(L.S.)
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
23rd December 1992
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
22nd December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Whittington Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 the 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 Whittington Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Whittington Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at the Whittington Hospital, Highgate Hill, London N19 5NF and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from the Whittington Hospital, Highgate Hill, London N19 5NF.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of London.
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 Bloomsbury and Islington 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 Bloomsbury and Islington 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 Bloomsbury and Islington 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.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (River Findhorn Salmon Fishery District) Order 1992 and shall come into force on 14th February 1992.
Period within annual close time for salmon fishing by rod and line
2
For the River Findhorn Salmon Fishery District the period within the annual close time (the dates of which are by virtue of the provisions referred to in section 6(2)(b) of the Salmon Act 1986, 27th August to 10th February) when it is permitted to fish for and take salmon by rod and line is prescribed as the period from 27th August to 30th September, both dates inclusive.
T. J. Kelly
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
4th February 1992


text:
1
This Order may be cited as the A3 Trunk Road (Wandsworth High Street, Wandsworth) (Box Junction) Order 1992 and shall come into force on 19th October 1992.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1043 in the Traffic Signs Regulations and General Directions 1981 ; and
“the trunk road” means that part of the A3 Trunk Road in the London Borough of Wandsworth known as Wandsworth High Street.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole, or any part of a vehicle to remain stationary in the boxed area while waiting to complete a right turn for so long as the vehicle is prevented from completing that turn by reason of the presence of other stationary vehicles, waiting in or near that area to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole, or any part of a vehicle to remain stationary in the boxed area if, when the whole or any part of the vehicle entered that area, the person so causing or permitting had reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State for Transport
I. E. W. Brown
A Grade 6 Officer London Regional Office of the
Department of Transport
12th October 1992


text:
Citation, commencement and intepretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1992 and shall, subject to paragraphs (2) and (3) below, come into force on 6th April 1992.
2
These Regulations shall come into force in relation to a particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the General Regulations .
3
Regulation 13(1) shall come into force immediately following the coming into force of article 13 of the Social Security Benefits Up-rating ( No. 2) Order 1991 .
4
In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Persons not treated as engaged in remunerative work
2
In regulation 6 of the General Regulations (persons not treated as engaged in remunerative work), —
a
at the end of both paragraph (d) and paragraph (e), the word “or” shall be omitted; and
b
after paragraph (g), there shall be added the following paragraphs —
h
he is engaged in any one of the employments mentioned in heads (a) to (d) of sub-paragraph (1) of paragraph 7 of Schedule 8 (which relates to persons serving as firemen, in coastal rescue activities etc ); or
j
he is performing his duties as a councillor, and for this purpose “councillor” has the same meaning as in paragraph 2(6) of Schedule 8 to the Social Security Act 1989 .
.
Income Support for 16 and 17 year olds
3
1
Regulation 13 of the General Regulations (circumstances in which persons in relevant education are to be entitled to income support) shall be amended by the inclusion, after sub-paragraph (d) of paragraph (2), of the following sub-paragraph —
dd
has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents;
.
2
In regulation 13A of the General Regulations (persons under 18 years) —
a
in paragraph (4), after sub-paragraph (c), there shall be added the following sub-paragraph —
d
a registered person who has ceased to live in accommodation provided for him by a local authority under Part III of the Children Act 1989 (local authority support for children and families) and is of necessity living away from his parents and any person acting in place of his parents.
;
b
after paragraph (6), there shall be inserted the following paragraphs —
6A
Paragraph (4)(d) shall have effect for a period —
a
beginning on the day on which that paragraph first applies to that person; and
b
ending on the day before the day on which that person attains the age of 18 or the day at the end of a period of 8 weeks immediately following the day on which paragraph (4)(d) first had effect in relation to him, whichever is the earlier.
6B
The period mentioned in paragraph (6A) may include any week in which regulation 7 of the Child Benefit (General) Regulations 1976 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child) also applies to that person.
;
c
after paragraph (7), there shall be added the following paragraph —
8
In this regulation, any reference to a person acting in place of a registered person’s parents has the same meaning as it has in Schedule 1A by virtue of paragraph 10 of that Schedule.
.
Notional income
4
In regulation 42 of the General Regulations (notional income) in paragraph (2), after sub-paragraph (d), there shall be inserted the following sub-paragraphs —
e
family credit;
f
disability working allowance,
.
Students awards
5
1
In regulation 61 of the General Regulations (interpretation), in the definition of “student”, for the words ““student” means a person”, there shall be substituted the words ““student” means a person, other than a person in receipt of a training allowance,”.
2
In regulation 62 of the General Regulations (calculation of grant income) —
a
after paragraph (2), there shall be inserted the following paragraph —
2A
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Manda tory Awards) Regulations 1991 , there shall be excluded from his grant income a sum equal to the amount from time to time specified in paragraph 7(4) of Schedule 2 to those Regulations, being the amount to be disregarded in respect of travel costs in the particular circumstances of his case
,
b
in paragraph (3), for the words “Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 ”, there shall be substituted the words “Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 1991”.
3
In paragraph (3) of regulation 63 of the General Regulations (calculation of covenant income where a contribution is assessed) for the words from “regulation 62(2)(h)” to the end of the paragraph, there shall be substituted the following words —
regulation 62(2)(h) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure).
.
4
In regulation 64 of the General Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 62(2)(g) and (h)”, wherever they occur, there shall be substituted the words “regulation 62(2)(g) and (h) and (2A)”.
Amendment of Schedule 2
6
Schedule 2 to the General Regulations (higher pensioner premium) shall be amended by the omission from paragraph 10(2)(b)(i) of the words “by whichever of them is aged not less than 60”.
Amendment of Schedule 8
7
In paragraph 15 of Schedule 8 to the General Regulations (sums to be disregarded in the calculation of earnings) for the words “In the case of earnings of a person treated as receiving relevant education under regulation 12(b) (relevant education) and”, there shall be substituted the words “In the case of earnings of a child or young person who although not receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of “child”) is nonetheless treated for the purposes of these Regulations as receiving relevant education and”.
Amendment of Schedule 9
8
1
Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 31 (social fund payments) there shall be substituted the following paragraph —
31
Any social fund payment made pursuant to Part III of the Act.
.
3
Immediately following paragraph 50, there shall be added the following paragraph —
51
Any payment (other than a training allowance) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
.
Amendment of Schedule 10
9
1
Schedule 10 to the General Regulations (capital to be disregarded) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 18 (social fund payments) there shall be substituted the following paragraph —
18
Any social fund payment made pursuant to Part III of the Act.
.
3
Immediately following paragraph 41, there shall be added the following paragraphs —
42
Any payment (other than a training allowance, or a training bonus under section 2 of the Employment and Training Act 1973 ) made, whether by the Secretary of State or by any other person, under the Disabled Persons (Employment) Act 1944 or in accordance with arrangements made under section 2 of the Employment and Training Act 1973 to assist disabled persons to obtain or retain employment despite their disability.
43
Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 to homeworkers assisted under the Blind Homeworkers' Scheme.
.
Saving provision for children and young persons working 16 or more, but less than 24, hours a week
10
1
Paragraph (2) below shall apply subject to paragraph (3) below where in the benefit week which in relation to a particular claimant commences on or after 7th April but before 14th April 1992, a child or young person in respect of whom a sum is brought into account in determining the claimant’s applicable amount would but for this regulation —
a
be engaged in remunerative work by reason of the fact that the work in which he is engaged, or where his hours of work fluctuate, in which he is engaged on average, amounts to 16 or more but less than 24 hours a week, being work for which payment is made or which is done in expectation of payment; and
b
have earnings from that work which fall to be disregarded in accordance with regulation 44(6) of and paragraph 15 of Schedule 8 to the General Regulations.
2
Where this paragraph applies, regulation 5(1) of the General Regulations (persons treated as engaged in remunerative work) shall have effect in relation to the child or young person mentioned in paragraph (1) above as if for the reference to 16 hours there was substituted a reference to 24 hours; so however that this paragraph shall not apply in relation to him on any day on which he is neither a child nor a young person.
3
Paragraph (2) above shall not apply where, in relation to the particular claimant, the benefit week mentioned in paragraph (1) above is his first benefit week pursuant to his claim.
4
In this regulation, the expression “young person” has the same meaning as it has in the General Regulations (by virtue of regulation 14).
Introduction of disability living allowance
11
1
Any payment of disability living allowance made pursuant to the Social Security Act 1975 which, in accordance with regulation 31 of the General Regulations is treated as paid on a day before this regulation comes into force, shall be treated for the purposes of Parts V and VI of those Regulations (which contain provisions for the calculation of income and capital) —
a
as a payment of mobility allowance, to the extent that it consists of mobility component; and
b
as a payment of attendance allowance, to the extent that it consists of care component.
2
Where —
a
on or after the date this regulation comes into force a payment falls to be made and that payment includes an amount in respect both of disability living allowance and of attendance allowance, mobility allowance or both (“the former benefits”); and
b
payment of disability living allowance and the former benefits would but for this regulation be regarded, pursuant to regulation 29(2) of the General Regulations as being made for concurrent periods commencing on the same day,
then that regulation shall have effect as if the payment falling to be made consisted solely of disability living allowance.
3
In this regulation —
a
attendance allowance means an attendance allowance under section 35 of the Social Security Act 1975 ;
b
mobility allowance means an allowance under section 37A of that Act ;
c
disability living allowance means an allowance under section 37ZA of that Act ; and
d
any reference to the day the regulation comes into force is a reference to the day determined, in the particular case, in accordance with regulation 1(2) above.
Amendments consequential upon the Children Act 1989
12
The Schedule to these Regulations, which makes changes to the General Regulations consequential upon the Children Act 1989 , shall have effect.
Revocations
13
1
In Schedule 7 to the General Regulations (applicable amounts in special cases), in column (2) of head (iii) of sub-paragraph (b) of paragraph 18, the following words are hereby revoked, namely —
where one or more children or young persons are also patients and have been so for more than 12 weeks, in respect of those children and young persons and the member of the couple or polygamous marriage who has been a patient for more than six weeks no amount shall be applicable in respect of him under paragraph 2(2) of Schedule 4 and for the amount in respect of the allowance for personal expenses prescribed by paragraph 13 of Schedule 4 there shall be substituted the amount of £13.55;
.
2
Regulation 5 of the Income Support (General) Amendment No. 4 Regulations 1991 (which provides for employment to include work in which a person is engaged for 16, rather than 24 hours, a week) is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott,
Minister of State,
Department of Social Security
3rd March 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 9 and Transitional Provision) Order 1992.
2
In this Order, “the 1991 Act ” means the Planning and Compensation Act 1991.
Commencement of provisions concerning demolition of buildings
2
The following provisions of the 1991 Act shall come into force on 27th July 1992 —
section 13, so far as it is not yet in force; and
section 32, so far as it relates to paragraphs 10(2) and 52(2)(c) of Schedule 7.
Transitional provision
3
Section 13 of, and paragraph 52(2)(c) of Schedule 7 to, the 1991 Act shall not have effect so far as they relate to the demolition of a building on land in a case where, before 27th July 1992, planning permission has been granted under Part III of the Town and Country Planning Act 1990 (except under article 3 of, and Schedule 2 to, the Town and Country Planning General Development Order 1988 ), or has been deemed to be granted under that Part of that Act, for the redevelopment of the land.
Signed by authority of the Secretary of State for the Environment
Sir George Young
Minister of State,
Department of the Environment
1st June 1992
David Hunt
Secretary of State for Wales
1st June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Building (Prescribed Fees etc.) (Amendment) Regulations 1992 and shall come into force on 1st June 1992.
Amendment of the Building (Prescribed Fees etc.) Regulations 1985
2
Regulation 2(1) of the Building (Prescribed Fees etc.) Regulations 1985 shall be amended as follows–
a
for the definition of “the principal regulations” there shall be substituted the definition “"the principal regulations' means the Building Regulation 1991 ”; and
b
for the words in brackets in the definition of “small domestic building” there shall be substituted the words “(each basement level being counted as one storey).”
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State.
12th March 1992


text:
1
This Order may be cited as the Combined Probation Areas (West Yorkshire) Order 1992 and shall come into force on 1st January 1993.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the West Yorkshire Probation Area shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Brighouse, Calder and Todmorden; and
b
inserting in column 1, after “Brighouse”, “Calderdale” and, corresponding to this, in column 3 “5”.
3
The 5 members of the West Yorkshire Probation Committee appointed before1st January 1993 by the justices for the petty sessions areas of Brighouse, Calder and Todmorden shall continue in office as if appointed by the justices for the new petty sesssions area of Calderdale .
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Exeter and District Community Health Service National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 16th July 1992.
2
In this Order:
“the Authority”means Exeter Health Authority;
“the Trust”means the Exeter and District Community Health Service National Health Service Trust;
“the trust property”means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust before the date on which this Order is made, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th July 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Residential Accommodation (Determination of District Health Authority) Regulations 1992 and shall come into force on 1st April 1993.
District health authority which is to consent to nursing care arrangements
2
1
The District Health Authority whose consent is required before arrangements such as are mentioned in section 26(1B) of the National Assistance Act 1948 (arrangements for the provision of accommodation with nursing care) may be made for the accommodation of any person shall be the health authority in whose district he is usually resident.
2
If there is doubt as to where a person is usually resident for the purposes of paragraph (1) of this regulation, he should be treated as usually resident in the district of a health authority —
a
where he gives to the local authority making the arrangements as being the address at which he usually resides an address which is within that health authority’s district,
b
where he gives that local authority no such address but gives them his most recent address and that is within that health authority’s district,
c
where neither sub-paragraph (a) nor sub-paragraph (b) of this paragraph apply but he is present within that health authority’s district.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
14th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations, which may be cited as the Medicines Act 1968 (Amendment) Regulations 1992, shall come into force on 3rd April 1992.
2
In these Regulations “ the Act ” means the Medicines Act 1968 and expressions to which a meaning is assigned by the Act have, unless the context requires otherwise, the meaning so assigned.
Amendment of section 7 of the Act
2
1
Section 7 of the Act (general provisions as to dealing with medicinal products) shall be amended as follows.
2
In subsection (5)(b) (under which a person responsible for the placing of certain kinds of medicinal product on the market in the United Kingdom is required to have a product licence) for “or ready-made veterinary drug” there shall be substituted “, a ready-made veterinary drug or an industrially produced medicinal product other than a veterinary drug”.
3
After subsection (6) there shall be inserted —
6A
Where the product which a person is responsible for placing on the market in the United Kingdom is not a veterinary drug, subsection (5)(b) of this section shall not apply if the product is —
a
whole human blood, human blood plasma or blood cells of human origin,
b
a radiopharmaceutical in which the radionuclide is in the form of a sealed source, or
c
a homoeopathic medicinal product.
6B
Where the product which a person is responsible for placing on the market in the United Kingdom is a veterinary drug, subsection (5)(b) of this section shall not apply if the product is —
a
a vaccine, toxin or serum,
b
a product based on radioactive isotopes,
c
a product specially prepared for administration by a veterinary surgeon or veterinary practitioner to a particular animal or herd which is under his care,
d
a homoeopathic medicinal product, or
e
an additive for animal feeding stuffs to which the provisions of Council Directive 70/524/ EEC apply.
.
4
In subsection (7) (definitions) for the words from the beginning to “(b)” there shall be substituted —
In this section —
“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;
“radiopharmaceutical” means a medicinal product which, when ready for use, contains one or more radionuclides included for a medicinal purpose; and
.
5
In that subsection, in the definition of “ready-made veterinary drug”, the words from “and for the purposes of this definition” to the end are hereby repealed.
Amendment of section 8 of the Act
3
1
Section 8 of the Act (which contains provisions as to manufacture and wholesale dealing) shall be amended as follows.
2
In subsection (3)(b) (under which a person who distributes certain medicinal products otherwise than by way of sale is required to have a wholesale dealer’s licence) for “or ready-made veterinary drug” there shall be substituted “, ready-made veterinary drug or industrially produced medicinal product other than a veterinary drug”.
3
For subsection (4) (which applies definitions contained in section 7(7)) there shall be substituted —
4
Where the product which a person distributes is not a veterinary drug, subsection (3)(b) of this section shall not apply if the product is —
a
whole human blood, human blood plasma or blood cells of human origin,
b
a radiopharmaceutical in which the radionuclide is in the form of a sealed source, or
c
a homoeopathic medicinal product.
5
Where the product which a person distributes is a veterinary drug, subsection (3)(b) of this section shall not apply if the product is —
a
a vaccine, toxin or serum,
b
a product based on radioactive isotopes,
c
a product specially prepared for administration by a veterinary surgeon or veterinary practitioner to a particular animal or herd which is under his care,
d
a homoeopathic medicinal product, or
e
an additive for animal feeding stuffs to which the provisions of Council Directive 70/524/EEC apply.
6
In this section, “proprietary medicinal product”, “radiopharmaceutical” and “ready-made veterinary drug” have the same meanings as in section 7 of this Act.
.
Transitional provision
4
The amendments made by these Regulations shall not render unlawful anything done before 31st December 1992 in relation to a medicinal product if —
a
medicinal products of that description were sold or supplied, or procured to be sold, supplied, manufactured or assembled, at any time before the date on which these Regulations come into force; and
b
medicinal products of that description were effectively on the market in the United Kingdom immediately before their coming into force.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
9th March 1992
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th March 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the Manual Handling Operations Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“injury” does not include injury caused by any toxic or corrosive substance which —
has leaked or spilled from a load;
is present on the surface of a load but has not leaked or spilled from it; or
is a constituent part of a load;
and “injured” shall be construed accordingly;
“load” includes any person and any animal;
“manual handling operations” means any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force.
2
Any duty imposed by these Regulations on an employer in respect of his employees shall also be imposed on a self-employed person in respect of himself.
Disapplication of Regulations
3
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
Duties of employers
4
1
Each employer shall —
a
so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured; or
b
where it is not reasonably practicable to avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured —
i
make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them, having regard to the factors which are specified in column 1 of Schedule 1 to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule,
ii
take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable, and
iii
take appropriate steps to provide any of those employees who are undertaking any such manual handling operations with general indications and, where it is reasonably practicable to do so, precise information on —
aa
the weight of each load, and
bb
the heaviest side of any load whose centre of gravity is not positioned centrally.
2
Any assessment such as is referred to in paragraph (1)(b)(i) of this regulation shall be reviewed by the employer who made it if —
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the manual handling operations to which it relates;
and where as a result of any such review changes to an assessment are required, the relevant employer shall make them.
Duty of employees
5
Each employee while at work shall make full and proper use of any system of work provided for his use by his employer in compliance with regulation 4(1)(b)(ii) of these Regulations.
Exemption certificates
6
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
any of the home forces, any visiting force or any headquarters from any requirement imposed by regulation 4 of these Regulations; or
b
any member of the home forces, any member of a visiting force or any member of a headquarters from the requirement imposed by regulation 5 of these Regulations;
and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
2
In this regulation —
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
c
“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964 ; and
d
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Extension outside Great Britain
7
These Regulations shall, subject to regulation 3 hereof, apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 as they apply within Great Britain.
Repeals and revocations
8
1
The enactments mentioned in column 1 of Part I of Schedule 2 to these Regulations are repealed to the extent specified in the corresponding entry in column 3 of that part.
2
The Regulations mentioned in column 1 of Part II of Schedule 2 to these Regulations are revoked to the extent specified in the corresponding entry in column 3 of that part.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
5th November 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendment) Regulations 1992 and shall come into force on 10th February 1992.
2
In these Regulations, “the Minister” means the Minister of Agriculture, Fisheries and Food.
Amendments to Regulations
2
In regulation 3(1) of the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 , for the definition of “Minister” there shall be substituted the following definition–
“Minister” means the Secretary of State;
Transitional
3
These Regulations do not affect the validity of anything done by or in relaton to the Minister before the coming into force of these Regulations, and anything which at the time of the coming into force of these Regulations is in process of being done under the 1988 Regulations by or in relation to the Minister may be continued by or in relation to the Secretary of State.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
10th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West Durham 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 South West Durham 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 South West Durham 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 Winterton Hospital, Sedgefield TS21 3EJ and associated hospitals;
b
to manage community health services provided from Winterton Hospital, Sedgefield TS21 3EJ 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 South West Durham Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The South West Durham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South West Durham 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.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and Commencement
1
These Regulations may be cited as the Children (Secure Accommodation) Amendment Regulations 1992 and shall come into force on 1st October 1992.
Amendment to the Children (Secure Accommodation) Regulations 1991
2
The Children (Secure Accommodation) Regulations 1991 shall be amended as follows —
a
in regulation 4 (placement of children under 13 in secure accommodation) at the end there shall be inserted the words “and such approval shall be subject to such terms and conditions as he sees fit”;
b
for sub-paragraph (b) of regulation 6(1) (children remanded to local authority accommodation) there shall be substituted —
b
children remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 (remand to local authority accommodation) but only if —
i
the child is charged with or has been convicted of a violent or sexual offence, or of an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or
ii
the child has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded.
;
c
in regulation 15 (appointment of person to review placement) for the words “at least one of whom must not be employed by the local authority” there shall be substituted the words “at least one of whom is neither a member nor an officer of the local authority”;
d
in regulation 16(3) (review of placement) for the words “and the reasons for such outcome” there shall be substituted the words “what action, if any, the local authority propose to take in relation to the child in the light of the review, and their reasons for taking or not taking such action.”.
Signed by the authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
3rd September 1992


text:
1
These Regulations may be cited as the Street Works (Maintenance) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations: —
“ the Act ” means the New Roads and Street Works Act 1991;
“relevant apparatus” means manholes or other surface boxes and covers at or about the level of the street surface and manhole chambers, tunnels and other structures affecting the integrity of the structure of the street.
3
If an undertaker has failed to afford the street authority the facilities required by section 81(1) of the Act in relation to relevant apparatus the street authority may, where they have reasonable cause to believe, by reason of subsidence or disturbance of the road surface, that the undertaker’s apparatus has not been maintained as required by that subsection, execute such works as are needed to enable them to inspect the apparatus.
4
The street authority may execute any emergency works needed in consequence of the failure of an undertaker to secure that its relevant apparatus is maintained to the reasonable satisfaction of the street authority as required by section 81(1) of the Act where they have made an inspection in accordance with regulation 3 above and have found that such apparatus has not been so maintained.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
15th July 1992
Wyn Roberts
Minister of State for Wales
15th July 1992


text:
Citation and commencement
1
This Order may be cited as the Social Security (Sweden) Order 1992 and shall come into force on 31st December 1992.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and variation of the Principal Order
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be varied so as to give effect to the Principal Convention as amended by the Agreement set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Road Traffic Accidents (Payments for Treatment) Order 1992 and shall come into force on 1st November 1992.
2
This Order shall apply in relation to any case where, on or after 1st November 1992 —
a
treatment is first received for the purposes of section 157(1)(a) of the Act , or
b
treatment or an examination is effected for the purposes of section 158(1) of the Act.
3
In this Order “the Act” means the Road Traffic Act 1988 .
Maximum payments for hospital treatment of traffic casualties
2
In section 157(2) of the Act (maximum amounts of payments for hospital treatment of traffic casualties) for the sum of £2,667.00 there shall be substituted the sum of £2,780.00, and for the sum of £267.00 there shall be substituted the sum of £278.00.
Payment for emergency treatment of traffic casualties
3
In section 158(2) of the Act (payments by users of vehicles of fees and mileage allowances to practitioners in respect of emergency treatment) for the sum of £19.30 there shall be substituted the sum of £20.10, and for the sum of 37 pence there shall be substituted the sum of 39 pence.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
7th October 1992
Fraser of Carmyllie
Minister of State, Scottish Office
7th October 1992


text:
1
This Order may be cited as the Combined Probation Areas (Derbyshire) Order 1992 and shall come into force on 1st July 1992.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Derbyshire Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Alfreton and Belper and Ilkeston; and
b
inserting in alphabetical order in column 1 “East Derbyshire” and corresponding to this in column 3 “4”.
3
The five members of the Derbyshire Probation Committee appointed before 1st July 1992 by the justices for the petty sessions areas of Alfreton and Belper and Ilkeston shall decide by agreement, or in default of agreement by lot, which four of them shall continue in office as if appointed by the justices for the new petty sessions area of East Derbyshire .
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State Home Office
29th June 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1992 and shall come into force on 1st January 1993.
2
1
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following provision of this regulation.
2
In Schedule 3 (Categories of motor vehicles for driving test purposes), in column (2) (Class of Vehicle included in the Category), in the entry describing the class of vehicle included in category C1 plus E, after the words “with a maximum authorised mass exceeding 750 kg ” there shall be inserted “where the maximum authorised mass of the combination does not exceed 8.25 tonnes”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
8th December 1992


text:
1
1
This Order may be cited as the Fixed Penalty Order 1992 and shall come into force on 1st April 1992
2
This Order applies in relation to a fixed penalty offence alleged to have been committed on or after 1st April 1992
3
This Order shall not extend to Scotland.
2
The fixed penalty for an offence shown in column (1) of the Schedule to this Order shall be the amount shown opposite thereto in column (2)
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
21st February 1992


text:
1
These Regulations may be cited as the Financial Markets and Insolvency (Amendment) Regulations 1992 and shall come into force on 1st May 1992.
2
In Regulation 16(1)(a)(ii) of the Financial Markets and Insolvency Regulations 1991 , for the reference to the Financial Services (Clients' Money) Regulations 1987 there shall be substituted a reference to the Financial Services (Client Money) Regulations 1991 .
John Redwood
Minister of State,
Department of Trade and Industry
11th March 1992


text:
1
This Order may be cited as The Timeshare Act 1992 (Commencement) Order 1992.
2
The Timeshare Act 1992 shall come into force on 12th October 1992.
Denton of Wakefield
Parliamentary Under Secretary of State,
Department of Trade and Industry
6th August 1992


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Commencement No.5) Order 1992.
2
Section 60(1)(b) of the Police and Criminal Evidence Act 1984 shall come into force in the Thames Valley police area on the day following the date of making of this Order.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
8th November 1992


text:
Citation and commencement
1
1
This Order may be cited as the Shetland Islands Area (Electoral Arrangements) Order 1992.
2
This Order shall come into force on 5th May 1994 provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the said Order shall come into force on 10th October 1993.
Interpretation
2
In the Schedule to this Order —
a
a reference to —
i
an electoral division shall be construed as a reference to that electoral division as constituted in this Order;
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as the centre line of the feature concerned; and
iii
the boundary or boundaries of a parish is to a line corresponding as nearly as may be to the line of the boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps; and
b
the expedient of defining a line beyond Mean Low Water Springs has been adopted to apportion islands to the appropriate electoral division; and
c
the following abbreviations are used: —
“MLWS” for the shoreline at Mean Low Water Springs;
“ED” for Electoral Division; and
“Grid Reference” for National Grid Reference as published on Ordnance Survey Maps.
Change of electoral arrangements
3
The existing electoral divisions of the Shetland Islands Area shall be abolished and the said Area shall be divided into twenty-six electoral divisions having the names, contents and boundaries set forth in the Schedule to this Order.
4
The boundaries of the electoral divisions constituted by this Order shall be defined and mered by Ordnance Survey.
Revocation
5
Without prejudice to its continuing in effect for the purposes of defining the electoral divisions prior to the coming into force of this Order, the Shetland Islands Area (Electoral Arrangements) Order 1977 is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
6th April 1992


text:
1
These Regulations may be cited as the Street Works (Qualifications of Supervisors and Operatives) Regulations 1992 and shall come into force on 5th August 1992.
2
In these Regulations: —
“ the Act ” means the New Roads and Street Works Act 1991;
“approved assessment centre” means an establishment approved by an approved body for the purposes of assessing achievement of units of competence;
“approved body” means a body mentioned in regulation 5;
“approved register” means the Register mentioned in regulation 5;
“certificate of competence” means a qualification, award or an equivalent thereto granted by an approved body;
“supervisor” means a person by whom street works are required to be supervised under section 67(1) of the Act;
“trained operative” means a person whose presence at the site of street works is required under section 67(2) of the Act;
“unit of competence” means one of the areas of competence set out in Schedule 1 or Schedule 3 hereto and “unit” shall be construed accordingly;
a reference to a regulation followed by a number is a reference to the regulation bearing that number in these Regulations.
3
1
A supervisor has a prescribed qualification for a particular type of supervisory work if: —
a
an approved body has issued him with a certificate of competence showing that he has been assessed by an approved assessment centre as having achieved the relevant unit of competence as set out in Schedules 3 and 4 hereto and that certificate is registered in an approved register; or
b
he has obtained a qualification of another member State of the European Community which gives an equivalent guarantee of skill and competence to that given by the certificate of competence required by paragraph (a) hereof;
provided that, for a period of two months beginning with the day on which he is assessed as having achieved the requisite unit of competence, a supervisor shall be treatd as having a prescribed qualification for that type of supervisory work, notwithstanding that an approved body has not issued him with a certificate of competence or that the certificate issued to him has not been registered as required by paragraph (a) above.
2
A supervisor shall not require a prescribed qualification for supervising the replacement of poles, lamps, columns and signs, pole testing or similar works involving minimal breaking up of the street.
4
1
A trained operative has a prescribed qualification for a particular type of work if: —
a
an approved body has issued him with a certificate of competence showing that he has been assessed by an approved assessment centre as having achieved the relevant unit of competence as set out in Schedules 1 and 2 hereto and that certificate is registered in an approved register; or
b
he has obtained a qualification of another member State of the European Community which gives an equivalent guarantee of skill and competence to that given by the certificate of competence required by paragraph (a) hereof;
provided that, for a period of two months beginning with the day on which he is assessed as having achieved the requisite unit of competence, a trained operative shall be treated as having a prescribed qualification for that type of work, notwithstanding that an approved body has not issued him with a certificate of competence or that the certificate issued to him has not been registered as required by paragraph (a) above.
2
If the works do not involve breaking up the street or are works only of the type referred to in regulation 3(2), a trained operative has a prescribed qualification if he has achieved the unit of competence set out as Unit 2 in Schedule 1 hereto.
5
1
The bodies approved for the purpose of issuing the certificates mentioned in regulations 3 and 4 are: —
The City and Guilds of London Institute,
The Scottish Vocational Education Council, and
The Certification and Assessment Board for the Water Industry.
2
The register approved for the purpose of registering certificates mentioned in regulations 3 and 4 is the register to be kept by the Scottish Vocational Education Council as the registration body approved for the purpose by the Secretary of State.
3
Where an approved body has issued a certificate of competence to a supervisor or a trained operative (as the case may be) it shall within one month thereof register that certificate in the approved register.
4
The Secretary of State may withdraw any approval given by paragraph (1) or (2) of this regulation if he is satisfied that the body to whom the approval is given has failed satisfactorily to discharge the function of certification or registration under any of the provisions of these regulations.
6
1
For a period of two years starting on 5th August 1992 a person may act as a supervisor without having a prescribed qualification.
2
For a period of five years starting on 5th August 1992 a person may act as a trained operative without having a prescribed qualification.
7
A prescribed qualification for a supervisor may relate to all types of work which may fall to be done by a supervisor, or may be restricted to some types of that work and the requirements of section 67 of the Act shall be deemed to be satisfied only in relation to the types of work to which that qualification relates.
8
A prescribed qualification for a trained operative may relate to all types of work which may fall to be done by a trained operative, or may be restricted to some types of that work and the requirements of section 67 of the Act shall be deemed to be satisfied only in relation to the types of work to which that qualification relates.
9
1
A certificate mentioned in regulation 3 or regulation 4 shall cease to be registered on the expiry of five years from the date of registration.
2
A certificate may be registered for further successive periods of five years provided that an application for registration is received by the registration body no later than three months after the expiry of the previous registration.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
15th July 1992
Wyn Roberts
Minister of State for Wales
15th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tees Community and 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 South Tees Community and Mental 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 South Tees Community and 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 St Luke’s Hospital, Middlesbrough, Cleveland, TS4 3AF and associated hospitals;
b
to manage community health services provided from St Luke’s Hospital, Middlesbrough, Cleveland, TS4 3AF 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 South Tees 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 South Tees Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Tees 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
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) Order 1992 and shall come into force on 6th April 1992.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1988;
“local authority” means a district council in England, a London borough council or the Common Council of the City of London in its capacity as local authority;
“housing action trust” means a housing action trust established before 6th April 1992 under Part III of the Housing Act 1988 .
Exemption
3
1
Work falling within any of the activities mentioned in section 2(2) of the Act shall not be treated as a defined activity so long as each of the conditions mentioned in paragraph (2) is fulfilled.
2
The conditions are —
a
that the work is carried out by a local authority for a housing action trust;
b
that the work is carried out in connection with property which has vested in the housing action trust and which was, immediately before so vesting, in the ownership of the local authority;
c
that, immediately before the property so vested, work of the same description was carried out in connection with the property by the local authority as functional work;
d
that, before the property so vested, the local authority had complied fully with the requirements of sections 6 and 7 of the Act in respect of that functional work;
e
without prejudice to sub-paragraph (f) below, that either —
i
the period during which the work was to be carried out as stated in the specification of the work required by section 7(3)(c) of the Act has not expired, or
ii
if that period expires within three months after the property vested in the housing action trust, not more than three months have elapsed since the property so vested; and
f
that not more than 12 months have elapsed since the property so vested.
Michael Heseltine
Secretary of State for the Environment
9th March 1992


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1992 and shall come into force on 17th February 1992.
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
3
The Offshore Installations (Safety Zones) ( No. 5) Order 1992 is hereby revoked.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
17th January 1992


text:
Citation and commencement
1
This Order may be cited as the Transport (Guided Systems) Order 1992 and shall come into force on 7th December 1992.
Specified systems
2
The Secretary of State hereby specifies for the purposes of Chapter I of Part II of the Act the systems which use a mode of guided transport of which particulars are given in the Schedule to this Order.
Interpretation
3
1
In this Order —
“magnetic levitation” means a mode in which the vehicles are supported and guided by means of magnetic force;
“monorail” means a mode in which the vehicles are supported and guided wholly or mainly by means of a single rail or beam; and
“track-based with side guidance” means a mode in which the vehicles are —
supported by means of a track or other structure not being a road; and
guided wholly or mainly by means of horizontally-inclined wheels bearing outwards against fixed apparatus.
2
In this Order “road” has the same meaning as in the Road Traffic Regulation Act 1984 .
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
27th August 1992