text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 and shall come into force on 15th December 1992.
2
In these Regulations —
“the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 ;
“the Disability Living Allowance Regulations ” means the Social Security (Disability Living Allowance) Regulations 1991 .
Amendment of regulation 6 of the Attendance Allowance Regulations
2
1
Regulation 6 of the Attendance Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Subject to regulation 8, it shall be a condition for the receipt of an attendance allowance for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient —
a
in a hospital or similar institution under the NHS Act of 1977, the NHS Act of 1978 or the NHS Act of 1990; or
b
in a hospital or similar institution maintained or administered by the Defence Council.
.
3
In paragraph (2), for the words “paragraph (1)” there shall be substituted the words “paragraph (1)(a)”.
4
Paragraph (3) shall be omitted.
Amendment of regulation 7 of the Attendance Allowance Regulations
3
1
Regulation 7 of the Attendance Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for the words “paragraphs (2), (3) and (4)” there shall be substituted the words “paragraphs (2) and (3)”; and
b
in sub-paragraphs (b) and (c) the words “or to education or training” shall be omitted.
3
In paragraph (2) the words “or to education or training” shall be omitted.
Amendment of regulation 8 of the Disability Living Allowance Regulations
4
1
Regulation 8 of the Disability Living Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Subject to regulation 10, it shall be a condition for the receipt of a disability living allowance which is attributable to entitlement to the care component for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient —
a
in a hospital or similar institution under the NHS Act of 1977, the NHS Act of 1978 or the NHS Act of 1990; or
b
in a hospital or other similar institution maintained or administered by the Defence Council.
.
3
In paragraph (2), for the words “paragraph (1)” there shall be substituted the words “paragraph (1)(a)”.
4
Paragraph (3) shall be omitted.
Amendment of regulation 9 of the Disability Living Allowance Regulations
5
1
Regulation 9 of the Disability Living Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “paragraphs (2) to (5)” there shall be substituted the words “paragraphs (1A) to (4)”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
Paragraph (1)(b) and (c) shall not apply in circumstances where the cost of the accommodation is or may be borne wholly or partly out of public or local funds by virtue of —
a
section 100 of the Education Act 1944 (grants in aid of educational services);
b
section 1, 2 or 3 of the Education Act 1962 (which relate respectively to awards by local education authorities in respect of degree courses and further education and awards by the Secretary of State to persons undergoing teacher training or postgraduate courses);
c
sections 131(6) or 132(7) of the Education Reform Act 1988 (which respectively relate to the payment of grants to institutions by the Universities Funding Council and the Polytechnics and Colleges Funding Council); or
d
section 1 of the Education (Student Loans) Act 1990 (student loans).
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
17th November 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Designation of Relevant External Law) Order 1992 and shall come into force on 1st January 1993.
Designation of relevant external law
2
The law for the time being in force in Jersey which corresponds to Part III of the Road Traffic Act 1988 is hereby designated as one which makes satisfactory provision for —
a
tests of competence to drive all classes of goods vehicle and all classes of passenger-carrying vehicle; and
b
the granting of licences to drive all classes of goods vehicle and all classes of passenger-carrying vehicle.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
21st December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions from Science at Key Stage 4) Regulations 1992 and shall come into force on 1st August 1992.
2
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
“ GCSE ” means General Certificate of Secondary Education; a reference to the provisions of the National Curriculum in science is to such attainment targets, programmes of study and assessment arrangements as are specified for the time being for that subject in relation to the fourth key stage by orders made under section 4(2) of the Act; and
areference to the fourth key stage is to the period set out in paragraph(d) of section 3(3) of the Act.
Exception to the National Curriculum in science
2
–
1
The provisions of the National Curriculum in science shall not apply in the case of a pupil in the first year of the fourth key stage in the school year 1992/93 or in the second year of that key stage in the school year 1993/94 who satisfies the condition specified in paragraph (2) below.
2
The condition is that the pupil is following courses of study leading to examinations for the GCSE in all three of the following subjects, namely: physics, chemistry and biology.
3
References in paragraph (2) above to the GCSE in a particular subject are to any GCSE in a subject the syllabus of which conforms to the GCSE National Criteria for that subject for the time being approved pursuant to section 5 of the Act .
Kenneth Clarke
Secretary of State for Education and Science
30th January 1992
David Hunt
Secretary of State for Wales HEAD:
30th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pinderfields Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Pinderfields Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Pinderfields Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Pinderfields General Hospital, Aberford Road, Wakefield WF1 4DG 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 Wakefield 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 Wakefield 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 the 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 Wakefield 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
The lengths of trunk roads described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as classified roads as from the date on which the Secretary of State notifies the City of Bradford Metropolitan Council that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan folio numbered HA10 — YH37 marked “The A65 and A660 Trunk Roads (Burley-in-Wharfedale) (Detrunking) Order 1992 ”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
iii
“the new trunk road” means the highway to be provided in pursuance of the A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1992( ).
3
The A65 and A660 Trunk Roads (Burley-in-Wharfedale) (Detrunking) Order 1989( ) is hereby revoked.
4
This Order shall come into force on the 12th June 1992 and may be cited as the A65 and A660 Trunk Roads (Burley-in-Wharfedale) (Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
J.P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
11th May 1992


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 1992 and shall come into force on 1st April 1993.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 , for the amount “£2.50” there shall be substituted the amount “£1.00”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
1st December 1992


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 and shall come into force on 1st April 1993.
2
In these Regulations —
“the Income Support Regulations ” means the Income Support (General) Regula tions 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regula tions 1987 .
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation or Schedule is to the regulation or Schedule to these Regulations bearing that number; and
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
PART II
INCOME SUPPORT
Introduction of Residential Allowance
2
1
In the Income Support Regulations —
a
in paragraph (1) of regulation 2 (interpretation), there shall be inserted at the appropriate places —
“preserved right” means a preserved right for the purpose of regulation 19;
“residential allowance” means the weekly amount determined in accor dance with paragraph 2A of Schedule 2;
;
b
in paragraph (1) of regulation 17 (applicable amounts), after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over, determined in accordance with para graph 2A of Schedule 2 (residential allowance);
;
c
in paragraph (1) of regulation 18 (polygamous marriages), after sub-paragraph (c), there shall be inserted the following sub-paragraph —
cc
an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 2A of Schedule 2 (residential allowance);
; and
d
in Part I of Schedule 2, after paragraph 2, there shall be inserted the following paragraph —
2A
1
The weekly amount for the purposes of regulation 17(1)(bb) and 18(1)(cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be —
a
except in a case to which head (b) applies, £45.00; and
b
where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area), £50.00.
2
Subject to sub-paragraphs (3) and (4), the conditions are —
a
the person resides in a residential care home or a nursing home and for this purpose a person shall be regarded as residing in such a home during any period of absence from the home which does not exceed 6 days;
b
he does not have a preserved right;
c
he is aged 16 or over;
d
both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and
e
no part of the weekly charge for accommodation is met by housing benefit.
3
For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides —
a
is registered under Part I of the Registered Homes Act 1984 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined);
b
is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or
c
is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equiva lent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;
and a person resides in a nursing home where the home in which he resides is such a home for the purposes of regulation 19.
4
A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice” means a nursing home which —
a
if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or
b
if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act ,
and which provides nursing for persons resident therein who suffer from a progressive disease and for whom the purpose of treatment is palliative.
5
Where —
a
a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and
b
an application for registration under that Act has been made by another person and that application has not been determined or abandoned,
then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.
.
2
Schedule 1, which contains amendments of the Income Support Regulations consequential upon the introduction of a residential allowance, shall have effect.
3
Schedule 2, which inserts a new Schedule 3C into the Income Support Regulations, shall also have effect.
Preserved rights
3
1
In regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) —
a
in paragraph (1), for the words preceding the words “his weekly applicable amount”, there shall be substituted the words —
1
Subject to regulation 22 (reduction of applicable amounts) where a claimant has a preserved right and either —
a
lives in a residential care or nursing home; or
b
is a member of a family and he and the members of his family live in such a home,
;
b
after paragraph (1ZA) there shall be inserted the following paragraphs —
1ZB
In this regulation a person has a preserved right, subject to paragraphs (1ZE) and (1ZF), where —
a
on 31st March 1993, he was living in a residential care home or a nursing home, and —
i
was entitled to income support for the benefit week in which that day fell and his applicable amount was calculated in accordance with Part I of Schedule 4; or
ii
was not in that week entitled to income support because he was able to meet the cost of the accommodation from other sources available to him, but subsequently becomes entitled to income support; or
b
he would have been living in a residential care home or nursing home on 31st March 1993 but for an absence which, including that day, does not exceed —
i
except in a case to which head (ii)
applies —
aa
where the person was before his absence a temporary resident in the home, 4 weeks, or
bb
where the person was before his absence a permanent resident in the home, 13 weeks; or
ii
where throughout the period of absence the person was a patient, 52 weeks,
and the provisions of sub-paragraph (a) would have applied to him but for that absence.
1ZC
Subject to paragraphs (1ZD), (1ZE) and (1ZF), a person also has a preserved right where —
a
on 31st March 1993 he was living in a residential care home or nursing home within the meaning of paragraph (3) as then in force, and was entitled to income support but his applicable amount was not calculated in accordance with Part I of Schedule 4 because he was a person to whom paragraph 14 of Schedule 4 applied (accommodation provided by a close relative); and
b
after 31st March 1993, either —
i
he moved from the home in which he was residing on that date to another residential care home or nursing home, or
ii
the ownership of the home changed,
and in the home to which he moved, or as the case may be, following the change of ownership, the accommodation and meals (if any) are provided for him by a person other than a close relative of his or by any member of his family, and are provided on a commercial basis.
1ZD
Where a person has a preserved right under paragraph (1ZC), that right shall commence on the first full day of residence in the residential care home or nursing home to which he moved, or as the case may be, the day after the ownership of the property changed.
1ZE
A person does not have a preserved right by virtue of paragraph (1ZB)(a)(ii) or (1ZC) where the residential care home in which he was living provided both board and personal care for less than 4 persons.
1ZF
Paragraphs (1ZB) and (1ZC) shall cease to apply to a person who has a preserved right where he is absent from a residential care home or nursing home and that absence exceeds a period of —
a
except in a case to which sub-paragraph (b) applies —
i
4 weeks, where the person was before his absence a temporary resident in the home, or,
ii
13 weeks, where the person was before his absence a permanent resident in the home; or
b
52 weeks where throughout the period of absence the person was a patient.
1ZG
a
A person who acquired a preserved right under paragraph (1ZB) or (1ZC) shall cease to have that right where either —
i
he moves from the home he resided in, or would but for an absence specified in paragraph (1ZB)(b) have resided in, on 31st March 1993 to another residential care home or nursing home, or
ii
the ownership of that home changes;
and in the home to which he moves or, as the case may be, following the change of ownership, the accommodation and meals (if any) are provided for him by a close relative of his, or by a member of his family, and are provided otherwise than on a commercial basis;
b
a preserved right acquired under paragraph (1ZB) or (1ZC) which ceased to apply to a person in accordance with sub-paragraph (a) shall, notwithstanding that paragraph, revive and again apply in his case where —
i
he moves from the home mentioned in sub-paragraph (a)(i)
to another residential care home or nursing home, or
ii
the ownership of that home changes, or in the case of a home mentioned in sub-paragraph (a)(ii), changes again,
and in the home to which he moves or, as the case may be, following the change or further change of ownership, the accom modation and meals (if any) are provided for him otherwise than by a close relative of his, or by a member of his family, and are provided on a commercial basis.
1ZH
For the purposes of paragraphs (1ZB) and (1ZF) a person is a permanent resident in a residential care home or nursing home where the home is his principal place of abode, and a temporary resident where it is not.
1ZJ
For the avoidance of doubt, the expression “residential care home” in paragraphs (1ZB) and (1ZE) has the meaning it bore on 31st March 1993.
.
PART III
HOUSING BENEFIT
Amendment of regulation 5 of the Housing Benefit Regulations
4
In regulation 5 of the Housing Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) , in paragraph (9), in the definition of “residential accommodation” —
a
for sub-paragraph (a) there shall be substitued the following sub-paragraph —
a
under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation) where —
i
board is available to the claimant, and
ii
the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority, and;
;
b
sub-paragraph (b) shall be omitted;
c
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
under section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where —
i
board is available to the claimant, and
ii
the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority, and;
;
d
after sub-paragraph (j), there shall be added the following sub-paragraph —
k
in sub-paragraphs (a) and (c), “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any charge which he is required to pay as a result of occupying the accommodation, or both of those charges, and is made available for his consumption without any further charge to him;
.
Amendment of regulation 7 of the Housing Benefit Regulations
5
1
Regulation 7 of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), sub-paragraphs (a) and (b) shall be omitted.
3
After paragraph (3) there shall be added the following paragraphs —
4
Subject to the following provisions of this regulation, paragraph (5) applies to a person who —
a
occupies or is treated by regulation 5(8) as occupying residential accommo dation on 31st March 1993,
b
is or was liable to pay rent in respect of that accommodation for that day,
c
is a person to whom sub-paragraph (a) or (b) of paragraph (2) applies immediately before 1st April 1993; and
d
is or was entitled to housing benefit in respect of the liability mentioned in sub-paragraph (b).
5
In the case of a person to whom this paragraph applies, regulation 7 shall continue to apply to him as if the amendments specified in regulation 5(2) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 had not been made.
6
Subject to the following provisions of this regulation, paragraph (7) applies to a person who —
a
occupies or is treated under regulation 5(8) as occupying accommodation in an establishment which on 1st April 1993 is registered as a small home under Part I of the Registered Homes Act 1984 or is deemed to be so registered under section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined);
b
was occupying, or was treated under regulation 5(8) as occupying, that accommodation on 31st March 1993;
c
is or was liable to pay rent in respect of that accommodation for 31st March 1993; and
d
is or was entitled to housing benefit in respect of that liability.
7
In the case of a person to whom this paragraph applies, paragraph (3) shall apply as if sub-paragraph (a) was omitted.
8
Subject to paragraph (9), where on 1st April 1993 paragraph (5) or paragraph (7) applies to a person that paragraph shall cease to apply to him —
a
on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 5(8) as occupying on 31st March 1993; and
b
on any day which falls after that day.
9
For the purposes of paragraph (8) any absence which is temporary shall be disregarded and for those purposes an absence is temporary where during the absence the person is treated by regulation 5(8) as occupying the accommodation as his home.
10
Where a person —
a
ceases to be entitled to housing benefit; and
b
was before he ceased to be entitled a person to whom either paragraph (5) or paragraph (7) applied,
that paragraph or those paragraphs shall not apply to him in the case of any subsequent claim for housing benefit except where the claim takes effect in accordance with regulation 72(12) or (13) (repeat claims) immediately after the end of the benefit period.
11
Where on 31st March 1993 a person occupies or is treated as occupying an establishment mentioned in paragraph (6)(a) and on a day subsequent to that date the establishment —
a
if it was registered under Part I of the Registered Homes Act 1984, ceases to be so registered; or
b
if it was deemed to be so registered is neither registered nor deemed to be registered,
then on that day and on any day thereafter paragraph (7) shall not apply to that person.
12
In this regulation, “small home” has the same meaning as in Part I of the Registered Homes Act 1984 by virtue of section 1(4A) of that Act .
.
Amendment of regulation 8 of the Housing Benefit Regulations
6
1
In regulation 8 of the Housing Benefit Regulations (eligible housing costs) in paragraph (2) —
a
in sub-paragraph (a) after the words “for that benefit includes” there shall be inserted the words “a residential allowance or”; and
b
for sub-paragraph (b), there shall be substituted the following sub-paragraph —
b
payments in respect of accommodation provided under —
i
sections 21 to 24 and 26 of the National Assistance Act 1948 where —
aa
board is available to the claimant, and
bb
the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority; or
ii
in Scotland, section 59 of the Social Work (Scotland)
Act 1968 where —
aa
board is available to the claimant, and
bb
the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority;
and for these purposes “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, and is made available for his consumption without any further charge to him;
.
PART IV
DISABILITY BENEFITS
7
1
In regulation 9 of the Social Security (Disability Living Allowance) Regula tions 1991 (“the Disability Living Allowance Regulations”) (persons in certain accommodation other than hospitals), paragraph (3) shall be omitted.
2
In regulation 10 of those Regulations (which relates to persons in hospital and certain other accommodation) —
a
in paragraph (1), for the words “subject to paragraphs (2) and (3)” there shall be substituted the words “subject to the following provisions of this regulation”;
b
after paragraph (5), there shall be inserted the following paragraphs —
6
Regulation 8 or as the case may be regulation 9 shall not apply in the case of a person who is residing in a hospice and is terminally ill where the Secretary of State has been informed that he is terminally ill —
a
on a claim for the care component,
b
on an application for a review of an award of disability living allowance, or
c
in writing in connection with an award of, or a claim for, or an application for a review of an award of, disability living allowance.
7
In paragraph (6) “hospice” means a hospital or other institution other than —
a
a health service hospital (within the meaning of section 128 of the NHS Act of 1977 )in England or Wales;
b
a health service hospital (within the meaning of section 108(1) of the NHS Act of 1978 ) in Scotland;
c
a hospital maintained or administered by the Defence Council; or
d
an institution similar to a hospital mentioned in any of the preceding sub-paragraphs of this paragraph.
8
Regulation 9 shall not apply in any particular case for any period during which —
a
the person for whom the accommodation is provided —
i
is not entitled to income support,
ii
is not entitled to housing benefit, or
iii
is not a member of a married or unmarried couple for whom an amount is included for income support purposes in the weekly applicable amount of the other member, and
b
the whole of the cost of that accommodation is met —
i
out of the person’s own resources, or partly out of his own resources and partly with assistance from another person or a charity; or
ii
on his behalf by another person or a charity.
.
3
Where a person has a preserved right, regulations 9 and 10 of the Disability Living Allowance Regulations shall apply in his case as if the amendments set out in paragraphs (1) and (2) of this regulation had not been made.
4
For the purposes of paragraph (3) but subject to paragraph (5) a person has a preserved right where —
a
on 31st March 1993, he was living in a home registered under the Registered Homes Act 1984 as a residential care home or a nursing home; or
b
he would have been living in such a home on that date but for an absence which, including that day, does not exceed —
i
except in a case to which head (ii)
applies —
aa
where the person was before his absence a temporary resident in the home, 4 weeks, or
bb
where the person was before his absence a permanent resident in the home, 13 weeks, or
ii
where throughout the period of his absence he was receiving free hospital treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 , 52 weeks.
5
Paragraphs (3) and (4) shall cease to apply to a person who has a preserved right where he is absent from a home such as is mentioned in paragraph (3)(a) and that absence exceeds a period of —
a
except in a case to which sub-paragraph (b) applies —
i
4 weeks, where the person was before his absence a temporary resident in the home, or
ii
13 weeks, where the person was before his absence a permanent resident in the home; or
b
52 weeks where throughout the period of absence the person was receiving free in-patient treatment within the meaning of the Social Security (Hospital InPatients) Regulations 1975.
6
For the purposes of this regulation, a person is a permanent resident where the home in which he resides is his principal place of abode, and a temporary resident where it is not.
Amendments relating to attendance allowance
8
1
In regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 (“the Attendance Allowance Regulations”) (persons in certain accommodation other than hospitals), paragraph (2) shall be omitted.
2
In regulation 8 of those Regulations (which relates to persons in hospitals and in certain other accommodation) —
a
in paragraph (1), for the words “subject to paragraph (3)” there shall be substituted the words “subject to the following provisions of this regulation”; and
b
after paragraph (3), there shall be added the following paragraphs —
4
Regulation 6 or, as the case may be, regulation 7 shall not apply in the case of a person who is residing in a hospice and is terminally ill where the Secretary of State has been informed that he is terminally ill —
a
on a claim for attendance allowance,
b
on an application for a review of an award of attendance allowance, or
c
in writing in connection with an award of, or a claim for, or an application for a review of an award of, attendance allowance.
5
In paragraph (4) “hospice” means a hospital or other institution other than —
a
a health service hospital (within the meaning of section 128 of the NHS Act of 1977 ) in England or Wales;
b
a health service hospital (within the meaning of section 108(1) of the NHS Act of 1978 ) in Scotland;
c
a hospital maintained or administered by the Defence Council; or
d
an institution similar to a hospital mentioned in any of the preceding sub-paragraphs of this paragraph.
6
Regulation 7 shall not apply in any particular case for any period during which —
a
the person for whom the accommodation is provided —
i
is not entitled to income support;
ii
is not entitled to housing benefit; or
iii
is not a member of a married or unmarried couple for whom an amount is included for income support purposes in the weekly applicable amount of the other member; and
b
the whole of the cost of the accommodation is met —
i
out of his own resources, or partly out of his own resources and partly with assistance from another person or a charity;
ii
on his behalf by another person or a charity.
.
3
Where a person has a preserved right, regulations 7 and 8 of the Attendance Allowance Regulations shall apply in his case as if the amendments set out in paragraphs (1) and (2) of this regulation had not been made.
4
For the purposes of paragraph (3) but subject to paragraph (5) a person has a preserved right where —
a
on 31st March 1993, he was living in a home registered under the Registered Homes Act 1984 as a residential care home or a nursing home; or
b
he would have been living in such a home on that date but for an absence which, including that day, does not exceed —
i
except in a case to which head (ii)
applies —
aa
where the person was before his absence a temporary resident in the home, 4 weeks, or
bb
where the person was before his absence a permanent resident in the home, 13 weeks, or
ii
where throughout the period of his absence he was receiving free hospital treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 , 52 weeks.
5
Paragraphs (3) and (4) shall cease to apply to a person who has a preserved right where he is absent from a home such as is mentioned in paragraph (3)(a) and that absence exceeds a period of —
a
except in a case to which sub-paragraph (b) applies —
i
4 weeks, where the person was before his absence a temporary resident in the home, or
ii
13 weeks, where the person was before his absence a permanent resident in the home; or
b
52 weeks where throughout the period of absence the person was receiving free in-patient treatment within the meaning of the Social Security (Hospital InPatients) Regulations 1975 .
6
For the purposes of this regulation, a person is a permanent resident where the home in which he resides is his principal place of abode, and a temporary resident where it is not.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
10th December 1992


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) (No. 2) Order 1992 and shall come into force on 1st August 1992.
2
Article 2(a) of the Value Added Tax (Cars) (Amendment) Order 1992 is hereby revoked.
3
The Value Added Tax (Cars) Order 1980 shall be amended by inserting after sub-paragraph (d) of article 4(1) the following:
e
the motor car is supplied to, or imported by, a taxable person for the primary purpose of —
i
being provided by him for hire with the services of a driver for the purpose of carrying passengers;
ii
being provided by him for self-drive hire;
iii
being used as a vehicle in which instruction in the driving of a motor car is to be given by him;
iv
the letting on hire to a person who is not a taxable person on condition that he uses the motor car primarily for one of the purposes described in sub-paragraphs (i) to (iii) above;
.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Billing Authorities (Anticipation of Precepts) Regulations 1992 and shall come into force on 8th January 1993.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“calculations” means calculations made in accordance with section 32 of the Act.
Anticipation of precepts
2
1
A billing authority making calculations (originally or by way of substitute) for a financial year ( “the year”) may anticipate a precept to be issued in accordance with section 41 of the Act to it for the year by a local precepting authority in any case where —
a
such a precept has not been issued by the local precepting authority to the billing authority at the time the calculations are made; and
b
the local precepting authority has issued a precept for one or more of the three immediately preceding financial years.
2
Subject to paragraph (3) below, where, pursuant to paragraph (1) above, the billing authority anticipates a precept to be issued by a local precepting authority for the year, the amount of the precept so anticipated shall be equal to the billing authority’s estimate, at the time the calculations (or last calculations) are made, of the amount of the precept which it considers likely will be issued to it for the year by the local precepting authority, provided that the amount anticipated shall not exceed the highest amount of any precept issued by the local precepting authority for any of the three immediately preceding financial years.
3
Where a precept has previously been anticipated by the billing authority for the purposes of the calculations for the year, the amount of the precept which may be anticipated by the authority for the purposes of any substitute calculations for the year shall be equal to the amount previously anticipated.
Payment of sums
3
Whether or not a billing authority making calculations (originally or by way of substitute) for a financial year anticipates a precept to be issued in accordance with section 41 of the Act to it for that year by a local precepting authority —
a
where the local precepting authority issues such a precept to the billing authority, the billing authority shall pay to the local precepting authority a sum equal to the amount of the precept issued (or last issued); and
b
where the local precepting authority does not issue such a precept to the billing authority, the billing authority shall not pay any sum to the local precepting authority in respect of such a precept.
Michael Howard
Secretary of State for the Environment
17th December 1992
David Hunt
Secretary of State for Wales
17th December 1992


text:
PART I
TITLE, COMMENCEMENT AND INTERPRETATION
Title and commencement
1
This Order may be cited as the Sheep Scab Order 1992 and shall come into force on 18th January 1992.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“ the Act ” means the Animal Health Act 1981;
“affected” means affected or suspected of being affected with sheep scab;
“approved sheep dip” means a sheep dip for which there is a current product licence permitting its sale or supply for use against sheep scab;
“approved substances” means those substances (other than water) specified for mixing with an approved sheep dip in the product licence relating to that dip;
“carcase” means the carcase of a sheep, and includes part of a carcase and the meat, bones, hide, skin, fleece, wool, hoofs, horns, of fal or other part of a sheep, separately or otherwise, or any portion thereof;
“dipped sheep” means sheep which have been dipped in accordance with the provisions of this Order, and “undipped sheep” shall be construed accordingly;
“dipping” means thoroughly immersing the whole sheep (including the head and ears) in a dipping bath, and keeping the sheep (excluding the head and ears) in the dipping bath for not less than one minute, and “dipped” shall be construed accordingly;
“dipping bath” means a bath prepared by diluting an approved sheep dip with clean water and any other approved substances in the proportions specified for that dip in the product licence relating to it (without the addition of any other sheep dip or substance except in accordance with the written directions of the Divisional Veterinary Officer) and thereafter maintained in the manner specified in the licence;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected sheep and affected carcases for the area in which such animals or carcases are;
“infected area” means an area declared to be an infected area under article 12;
“infected place” means a place declared to be an infected place by a notice in Form A served under article 5;
“market” means a market, fairground, sale-yard or other place where sheep are commonly exposed for sale, or any place where sheep are gathered together with the purpose of selection or grading for sale;
“litter” means any substance used for bedding sheep;
“place of exhibition” means a place at which exhibitions or shows of sheep are held;
“product licence” means a product licence granted under the Medicines Act 1968 ;
“sheep” includes lambs;
“sheep dealer” means a person who, in the course of a trade or business carried on by him, purchases sheep for resale within 21 days, and includes a person (other than an auctioneer) who, in the course of a trade or business carried on by him, acts as an agent for any other person in connection with the purchase of sheep for resale within 21 days;
“sheep scab” means an infestation of sheep with psoroptic or sarcoptic mites;
“slaughterhouse” means–
in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 , and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
2
Any reference in this Order–
a
to a numbered article, is a reference to the article bearing that number in this Order, and
b
to a lettered Form, is a reference to the Form bearing that letter in the Schedule to this Order.
PART II
RELATING TO CASES OF SHEEP SCAB OR SUSPECTED SHEEP SCAB
Notification of sheep scab or suspected sheep scab
3
1
A person who has in his possession or under his charge any affected sheep or affected carcase, and any veterinary surgeon who examines any such sheep or carcase, shall, with all practicable speed, notify the fact to a police constable, or to an inspector of the local authority, for the area in which the sheep or carcase is, or to the Divisional Veterinary Officer.
2
If notification is given under paragraph (1) above to a constable or to an inspector of the local authority, he shall immediately transmit the information contained in it by the most expeditious means–
a
in the case of a constable, to the Divisional Veterinary Officer and to an inspector of the local authority; or
b
in the case of an inspector of the local authority, to the Divisional Veterinary Officer.
Preliminary restrictions on movement
4
The occupier of any premises on which there is any affected sheep or affected carcase shall ensure that no sheep or carcase moves from the premises until a notice in Form A is served on him in respect of the premises or he is informed in writing by a veterinary inspector that no such notice is to be served on him.
Declaration of infected place
5
1
If an inspector has reasonable grounds for suspecting that sheep scab exists, or has within 56 days existed, on any premises he may serve a notice in Form A on the occupier or the person in charge of the premises declaring them to be an infected place.
2
A notice in Form A shall continue in force until it is withdrawn by a notice in Form B served by an inspector of the Ministry on the person on whom the notice in Form A was served.
3
A veterinary inspector may at any time alter the limits of an infected place by the service of a further notice in writing on the occupier or person in charge of it.
4
A veterinary inspector may at any time by the service of a notice in writing on the occupier or person in charge of an infected place direct that until the notice in Form A is withdrawn any affected sheep shall be isolated from all other sheep in the infected place.
Effect of declaration of an infected place
6
1
On premises declared to be an infected place under article 5–
a
no person shall move or cause or permit to be moved any sheep into or out of the premises, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions to which the licence is issued;
b
no person shall move or cause or permit to be moved out of the premises any carcase, skin, fleece, wool, fodder, manure, litter, vehicle, machine, equipment, pen, hurdle, sack or any other thing used or intended to be used for or in connection with sheep except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued; and
c
the owner or the person in charge of any sheep on the premises shall take all steps as may be necessary to prevent the sheep from straying out of the premises or coming into contact with any other sheep outside the premises.
2
A veterinary inspector may, by notice in writing served on the occupier or the person in charge of an infected place, direct that any of the provisions in paragraph (1) above shall cease to apply in the infected place or shall be modified to the extent or in the manner specified in the notice, and the veterinary inspector shall immediately send a copy of such notice to the loal authority.
Veterinary enquiry as to the existence of sheep scab
7
1
If a veterinary inspector has reasonable grounds for suspecting that sheep scab exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of the suspicion.
2
For the purposes of such an enquiry a veterinary inspectormay–
a
make such tests and take such samples from any sheep or carcase on the premises as he may consider necessary for the purpose of diagnosis; and
b
mark for identification purposes any sheep or carcase on the premises.
3
The occupier of the premises, his employees and any person who is or has been in possession or charge of any sheep or carcase which is or has been on the premises shall–
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector, give such information as he possesses as to–
i
any sheep or carcase which is or has been on the premises, and
ii
any other sheep or carcase which may have come into contact with any sheep or carcase described in sub-paragraph (i) above, and
iii
the location and movement of any sheep or carcase which is or has been in his possession or charge.
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that sheep scab exists, or has within 56 days existed, on the premises his opinion shall be subject to confirmation by or on behalf of the Chief Veterinary Officer.
5
If confirmation is given in accordance with paragraph (4) above–
a
the veterinary inspector shall immediately serve a notice in Form D on the owner or person in charge of sheep or the premises; and
b
any notice in Form A affecting the premises shall not be withdrawn by a notice in Form B until–
i
a declaration in Form E made by the person on whom Form D is served that the sheep to which the notice relates has or have been dipped in accordance with the requirements of that notice; and
ii
if Form D specifies, a certificate in Form E made by a veterinary surgeon that he has examined the sheep to which Form D relates in accordance with the requirements of that notice,
is furnished to the Divisional Veterinary Officer.
6
Any notice in Form A affecting premises shall immediately be withdrawn by a notice in Form B served by an inspector of the Ministry on the person on whom the notice in Form A was served if the veterinary inspector is of the opinion that sheep scab does not exist, and has not within 56 days existed, on the premises or his opinion as to the existence of sheep scab on the premises is not confirmed in accordance with paragraph (4) above.
7
The person on whom a notice in Form D is served shall treat the sheep to which the notice relates in the following manner, that is tosay–
a
the sheep shall be dipped twice, the second dipping to occur at an interval of not less than 21 days after the first; and
b
if a veterinary inspector so requires–
i
any sheep clinically affected with sheep scab shall be treated with an approved sheep dip in accordance with directions given by him, and
ii
any or all of the sheep shall from time to time be further dipped or treated in accordance with directions given by him.
Slaughter of sheep moved to a slaughterhouse from an infected place
8
Where sheep are moved from an infected place to a slaughterhouse under the authority of a licence–
a
they shall be slaughtered as soon as possible after their arrival at the slaughterhouse and in any event no later than 72 hours after their arrival the re;
b
they shall at all times be kept separate from any other sheep at the slaughterhouse; and
c
if a veterinary inspector so requires, after they have been slaughtered their fleeces shall be kept separate from any other fleeces at the slaughterhouse until they have been treated, at the owner’s expense, by being thoroughly immersed for at least one minute in a dipping bath in the presence, and to the satisfaction, of an inspector.
PART III
SPECIAL MOVEMENT PROVISIONS
Restrictions on movement of sheep
9
1
If an inspector has reasonable grounds for supposing–
a
that the movement of any sheep or carcase from any premises may give rise to the risk of the spread of sheep scab; or
b
that any sheep on any premises have been in contact with affected sheep or have otherwise been exposed to the infection of sheep scab he may–
i
serve a notice in Form C on the occupier of the premises and on the owner or person in charge of the sheep if that person is not the occupier of the premises; and
ii
serve a notice in Form F on the owner or person in charge of the sheep.
2
Subject to paragraph (4) below, on the service of a notice in Form C–
a
no person shall move or cause or permit to be moved any sheep out of the premises to which the notice relates, except–
i
direct to a slaughterhouse for slaughter within 72 hours of their arrival there, or
ii
to such other premises as may be specified in the notice for detention and isolation there in accordance with such requirements as may be specified in the notice,
and in each case the sheep shall be accompanied by a declaration in Form L made by the owner of the sheep or his duly authorised agent;
b
no person shall move or cause or permit to be moved any sheep on to the premises to which the notice relates, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued; and
c
every person on whom the notice is served shall take all such steps as may be necessary to prevent sheep straying from the premises to which the notice relates or coming into contact with other sheep outside such premises.
3
The person on whom a notice in Form F is served shall dip the sheep described in the notice on such date, at such place and in such manner as an inspector may require.
4
Where any sheep in respect of which a notice in Form C has been served have been dipped in accordance with a notice in Form F such sheep may be moved out of the premises to which the notice in Form C relates where they are accompanied by a declaration in Form L made by the owner of the sheep or his duly authorised agent.
5
A notice in Form C shall remain in force until it is withdrawn by a notice in Form G served by a veterinary inspector or by an inspector of the local authority acting on the direction of the Divisional Veterinary Officer on the occupier of the premises to which the notice in Form C relates and on the owner or person in charge of any sheep detained on those premises if that person is not the occupier of the premises.
Removal of sheep from markets or places of exhibition
10
1
Where an inspector knows or has reasonable grounds for suspecting that any sheep on any market or place of exhibition are affected sheep, he may serve a notice in Form I on the owner or person in charge of the sheep and that person shall remove the sheep forthwith from the market or place of exhibition direct to a slaughterhouse for slaughter within 72 hours of its arrival the re, or to such other premises as may be specified in the notice for detection and isolation in accordance with such requirements as may be specified.
2
Where a notice has been served under paragraph (1) above an inspector may serve a notice in Form H on the occupier or other person in charge of the market or place of exhibition and that person shall cleanse and disinfect such parts of the market or place of exhibition as are specified in the notice in the manner and within such time as may be so specified.
Prohibition of movement of sheep on to unenclosed land, highways etc
11
1
Subject to the provisions of this Order no person shall–
a
place or keep any sheep from premises to which a notice in Form A or Form C relates, or cause or permit any such sheep to be placed or kept–
i
on any common or unenclosed land,
ii
in any field or other place which is not fenced so as to prevent sheep straying from it, or
iii
in any field or other place adjoining a highway other than a field or place which is fenced or situated so that sheep in there cannot come into contact with sheep passing along the highway or grazing on the side of the highway; or
b
cause or permit any sheep to which a notice in Form A or Form C relates to–
i
graze on, or move along, the side of a highway, or
ii
stray on to a highway, or on to any common or unenclosed land or into a field or other place which is not fenced so as to prevent sheep straying from it.
2
Where any requirement contained in paragraph (1) above is not complied with in respect of any sheep the provisions of article 17 below with respect to seizure and detention of sheep shall apply.
PART IV
INFECTED AREAS
Declaration of infected areas
12
1
If the Minister believes or suspects that sheep scab exists in an area he may by a declaratory order declare the area to be an infected area.
2
Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside that area.
3
An area shall remain an infected area until such date as may be specified in the order or, if none, until the declaratory order is withdrawn by the Minister.
4
Where an area is declared to be an infected area the following provisions of this part of this Order shall apply in that area, subject to any variations, exceptions or limitations specified in any such order.
Dipping requirements
13
1
Subject to paragraph (3) below any sheep which are in an infected area shall be dipped by the owner or person in charge of the m, except that where any sheep have been so dipped after the coming into force of the declaratory order and the ownership of them subsequently transferred to another person the sheep shall not be required to be dipped again.
2
The owner or person in charge of any sheep which have been dipped in accordance with paragraph (1) above shall keep them separate from undipped sheep.
3
The provisions of this article shall not apply–
a
to sheep in an infected area which are slaughtered or exported, or
b
to sheep from premises to which Form A or Form C relate which have been dipped within 21 days prior to the coming into force of the declaratory order.
Infected area movement restrictions
14
1
Subject to paragraph (2) below, no person shall move any sheep out of an infected area or from any premises to any other premises within an infected area.
2
The provision in paragraph (1) above shall not apply to any sheep which are moved–
a
from any premises to any other premises in an infected area within a radius of not more than 50 km for the purpose of being dipped thereon;
b
after being moved in accordance with the provisions of sub-paragraph (a) above, back to the premises from which they had been moved;
c
after being dipped, from any premises to any other premises where they are accompanied by a declaration in Form L made by the owner or his duly authorised agent; and
d
from any premises direct to premises approved for the purposes of article 4 of the Export of Animals (Protection) Order 1981 or a slaughterhouse where they are accompanied by a declaration in Form L made by the owner or his duly authorised agent.
Declaration of dipping
15
1
Any person who is the owner or person in charge of any sheep which are in an infected area at the time the declaratory order ceases to have effect shall either personally or by his duly authorised agent, make a declaration in Form J.
2
Such a declaration shall be delivered to the local authority within 8 days of the declaratory order ceasing to have effect.
PART V
GENERAL
Sheep on common or unenclosed land
16
1
An inspector may if he considers it necessary in order to prevent the spread of sheep scab, serve a notice in Form M or Form N on the person believed to be the owner of any sheep which are grazed or kept on any common or unenclosed land or on any land contiguous to any such land.
2
The owner of any sheep on whom a notice in Form M is served under paragraph (1) above shall move the sheep off the land to which the notice relates within such period as may be specified in the notice and shall not move the sheep back on to the land, or cause or permit them tobe so moved, or move or cause or permit to be moved any other sheep onto the land, except with the written approval of an inspector.
3
The owner of any sheep on whom a notice in Form N is served under paragraph (1) above shall, within such period or on such date as may be specified in the notice, gather the sheep together on such part of the land as may be specified in the notice and shall not move them off such part of the land, or cause or permit them to be so moved, except with the written approval of an inspector.
4
Where the requirements of a notice in Form M or Form N are not complied with in respect of any sheep and the person on whom the notice is served states that those sheep do not belong to him the provisions of article 17 below with respect to seizure and detention of sheep shall apply.
Seizure of suspected sheep
17
1
The provisions of this article shall apply–
a
to any sheep kept or otherwise dealt with in contravention of articles 11 or 16 above;
b
to any affected sheep which is found in any place which is not in the possession of, occupied or otherwise under the control of, the owner of the sheep; and
c
to any sheep which is found with a sheep referred to insub-paragraphs (a) or (b) above.
2
The local authority may seize and detain any sheep to which this article applies.
3
If, after all reasonable enquiries have been made, the ownership of a sheep which has been seized by the local authority under paragraph (2) above cannot be established and its owner has not claimed it within 7 days of its seizure, the local authority may move the sheep to a slaughterhouse for slaughter within 72 hours of its arrival there; and the local authority may sell the carcase of any sheep so slaughtered and deduct from the proceeds of sale the expenses incurred by it in seizing, detaining and slaughtering the sheep and retain any surplus for payment to any person who can establish his right to it.
4
If the owner of a sheep seized by a local authority under paragraph (2) above can establish his right to ownership of it within 7 days of its seizure, he may, after he has paid to the local authority the amount of expenses incurred by the authority in seizing and detaining the sheep move it direct to–
a
a slaughterhouse for slaughter within 72 hours of its arrival there; or
b
such other premises as may be specified in a notice in Form I issued by the local authority for detention and isolation there in accordance with such require ments as may be specified in the notice.
Sheep dealers
18
1
Every sheep dealer shall–
a
make a record in Form O or a form substantially to the like effect relating to the purchase and sale of any sheep by him (which record shall be made separately from any record relating to the movement of sheep made by him under any provision of the Movement of Animals (Records) Order 1960 for the time being in force);
b
notify in writing the local authority for the area in which he is for the time being residing of his home address and, on demand by the local authority, of all movements of sheep effected by him during the previous 12 months; and
c
on demand by an inspector furnish him with detail of the address or location of any premises on which there are, or have at any time during the previous 12 months been, any sheep under his control.
2
Every record in Form O required to be made by a sheep dealer under paragraph (1) above shall be retained by him for a period of 12 months from the date of purchase or sale to which it relates and he shall, on demand made by an inspector, produce such record and allow a copy of it or extract from it to be taken.
Marking of sheep
19
An inspector may mark, or cause to be marked, any sheep for the purposes of this Order.
Notices requiring dipping of sheep
20
1
Where an inspector has reasonable grounds for supposing that any sheep which are required to be dipped by or under the provisions of this Order have not been dipped, he may serve on the owner or person in charge of the sheep a notice in Form K and that person shall cause the sheep to be dipped at such place and at such time as may be specified in the notice and to the satisfaction of an inspector.
2
Where an inspector has reasonable grounds for supposing that the dipping of sheep which are required to be dipped by or under any of the provisions of this Order has not been effectively carried out he may serve on the owner or person in charge of the sheep a notice in Form K and that person shall cause the sheep to be dipped again at such place and at such time as may be specified in the notice and to the satisfaction of an inspector.
Sampling
21
1
A person who, in accordance with any requirement imposed by this Order, dips any sheep or causes any sheep to be dipped, shall, if so required by an inspector, furnish him with a sample of the sheep dip or of the dipping bath used (or permit him to take such a sample) and with such particulars as he may reasonably require as to the name or the composition of the sheep dip used and of the manner in which it had been prepared.
2
The occupier of any premises on which there are any sheep, and the owner or person in charge of the sheep shall permit an inspector to take such samples of the fleece of those sheep as he may require for the purposes of this Order and shall comply with all reasonable requirements of the inspector with a view to facilitating the taking of such samples.
General provisions as to movement of sheep and production of declarations
22
1
Where any sheep are moved in accordance with the provisions of this Order, the person in charge of the sheep being so moved shall ensure that dipped sheep are kept separate from all other sheep during the movement.
2
Where any sheep are moved to any premises accompanied by a declaration in Form L–
a
the person in charge of the sheep being so moved shall, on demand made by an inspector, produce the declaration and allow a copy thereof or an extract of it to be taken and shall also, on such demand, furnish his name and address;
b
the person in charge of the sheep at the time the movement is completed shall immediately deliver up the declaration to the occupierof the premises who shall retain it for a period of 12 months from the date on which he receives it and who shall, during that period, on demand being made by an inspector, produce the declaration and allow a copy of it or an extract of it to be taken.
Cleansing and disinfection of premises and vehicles
23
1
Where premises have been used for the dipping of affected sheep in accordance with any requirement imposed by or under this Order or they are premises to which a notice in Form A relates an inspector may serve a notice in Form H on the occupier of the premises and that person shall by such date as may be specified in the notice–
a
cleanse and disinfect those parts of the premises which have beenused for, or in connection with, the dipping; and
b
gather up any fragments of wool from the dipped sheep which are on the premises and–
i
disinfect them by immersing them in a dipping bath, or
ii
destroy them.
2
Where a vehicle is used, or has at any time during the previous 28 days been used, for the carriage of affected sheep, an inspector may serve a notice in Form H on the owner or person in charge of the vehicle and that person shall, by such date as may be specified in the notice, cleanse and disinfect the vehicle and any apparatus or thing used in connection with the carriage of any such sheep in the vehicle in accordance with the provisions of the notice.
Certificates of exemption from dipping requirements
24
1
An inspector may, if he is satisfied that it is impracticable or inexpedient to dip any sheep which are required to be dipped by or under this Order or to dip any sheep within the required time, issue a certificate exempting a person from any such requirement or extending the time within which such a requirement is to be complied with.
2
A certificate issued under paragraph (1) above may be issued subject to such conditions as the inspector issuing it thinks necessary for preventing the spread of sheep scab.
Powers of entry and inspection
25
1
For the purposes of this Order, an inspector may at any reasonable time enter any premises on which he has reason to believe that sheep are kept and examine any sheep on those premises and, where the sheep are required to be dipped in accordance with any provision of this Order, supervise the dipping of them.
2
An inspector entering any premises under paragraph (1) above shall if so required by the person in charge of the premises produce evidence of his authority and state in writing his reasons for entering.
Powers of inspectors in cases of default
26
If any person fails to take any action required by him in accordance with any provisions of this Order, an inspector may, without prejudice to any proceedings for an offence arising out of such failure, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the Minister, or, as the case may be, by the local authority from the person in default.
Revocation of licences etc
27
1
The Minister may, if it appears to him necessary or expedient to do so, revoke, vary or suspend any licence or certificate issued or cancel any notice (other than a notice in Form A or C) served by an inspector of the Ministry under this Order by notice in writing given to the person to whom the licence or certificate was issued or, as the case may be, to the person on whom the notice was served.
2
A local authority may, if it appears necessary or expedient to do so and with the prior consent of the Minister revoke, vary or suspend any licence or certificate issued or cancel any notice (other than a notice in Form A or Form C) served by an inspector of the local authority under this Order by notice in writing given to the person to whom the licence or certificate was issued or, as the case may be, to the person on whom the notice was served.
Application of Order to imported animals
28
The provisions of this Order shall not apply in relation to premises approved for the purposes of the Importation of Animals Order 1977 , and shall apply in relation to imported sheep only–
a
for the time specified in the licence issued in respect of those animals under article 11(5) of that Order; and
b
where the existence or suspected existence of disease in any part of Great Britain makes it expedient that no such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that Order or, as the case may be, have been rested at premises approved for use for the detention of animals under article 10(1) of that Order for the period so required.
Offences
29
Any person who, without lawful authority or excuse, proof of which shall lie on him–
a
defaces, obliterates or removes any mark applied to any sheep under article 19; or
b
knowingly or recklessly makes a declaration in Form E, J or L which is false in a material particular; or
c
fails to comply with article 3(1), 4, 6(1), 7(3) or (7), 8, 9(2) or (3), 11(1), 13(1) or (2), 14(1), 15, 16(2) or (3), 18, 20, 21, 22 or 23; or
d
fails to comply with any notice issued under article 5(4) or any condition of any licence issued under this Order; or
e
causes or permits any such non-compliance,
commits an offence against the Act.
Local authority to enforce Order
30
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocation
31
The Sheep Scab Order 1986 and the Sheep Scab (Amendment) Order 1987 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th December 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Allan Stewart
Parliamentary Under Secretary of State for Scotland
6th January 1992
David Hunt
Secretary of State for Wales
3rd January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Berkshire Community 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 East Berkshire Community 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 East Berkshire Community 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 Upton Hospital, Slough SL1 2BL and associated hospitals;
b
to manage community health services provided from Upton Hospital, Slough SL1 2BL 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 East Berkshire 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 East Berkshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the East Berkshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Funds) (England) Regulations 1992 and shall come into force on 4th November 1992.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988;
“the 1992 Act ” means the Local Government Finance Act 1992;
“principal authority” in relation to a billing authority means any relevant major precepting authority and the billing authority itself;
“the 1989 Regulations ” means the Collection Fund (England) Regulations 1989 ;
“relevant local precepting authority” in relation to a billing authority means any local precepting authority having power to issue a precept to that billing authority;
“relevant major precepting authority” in relation to a billing authority means any major precepting authority having power to issue a precept to that billing authority;
“relevant precepting authority” in relation to a billing authority means each relevant major precepting authority and each relevant local precepting authority;
“schedule of instalments” means a schedule determined by a billing authority, in accordance with regulations 4 and 6, with respect to the times for and the number and amounts of payments or transfers from its collection fund or its general fund in respect of its liabilities.
2
Any reference in these Regulations (however framed) to liabilities in relation to a billing authority is a reference to the liability of a billing authority to —
a
pay anything from its collection fund in respect of any precept issued by a relevant major precepting authority under Part I of the 1992 Act, after taking into account any amount credited by that major precepting authority under section 42(4) of that Act,
b
pay anything from its collection fund in respect of so much of any surplus in that fund as, in accordance with regulation 11, that billing authority calculates to be a relevant major precepting authority’s share,
c
pay anything from its general fund in respect of any precept issued by a relevant local precepting authority under Part I of the 1992 Act, after taking into account any amount credited by that local precepting authority under section 42(4) of that Act,
d
transfer anything from its collection fund or its general fund under section 97(1) or (2) of the 1988 Act (as the case may be), and
e
transfer anything from its collection fund or its general fund under section 97(3) or (4) of the 1988 Act (as the case may be) in respect of so much of any surplus or deficit in its collection fund as, in accordance with regulation 11, that billing authority calculates to be its share or calculates must be borne by it.
3
Any reference in these Regulations to the making of a substitute calculation is a reference to the making of a substitute calculation by a billing authority in accordance with section 32(4) of the 1992 Act.
Discharge of a billing authority’s liabilities
3
1
Subject to paragraph (2), in relation to each financial year beginning in or after 1993 a billing authority shall in accordance with its schedule of instalments —
a
pay to its relevant precepting authorities from its collection fund or its general fund (as the case may be),
b
transfer from its collection fund to its general fund, and
c
transfer from its general fund to its collection fund,
such amounts, if any, as will discharge its liabilities for that year.
2
The requirement in paragraph (1) to make payments or transfers in accordance with a schedule of instalments does not apply where any of the provisions in paragraphs (3) to (8) apply.
3
Where —
a
a substitute precept or calculation has been issued or made in relation to a financial year, and
b
that substitute precept or calculation has been issued or made on or after the day of the final instalment to be paid or transferred in accordance with the schedule of instalments in that year,
any amounts to be paid or transferred by a billing authority in respect of its liabilities for that year which remain to be discharged immediately after the substitute precept or calculation is issued or made shall be paid or transferred as soon as reasonably practicable after the issue of that precept or making of that calculation.
4
Subject to paragraph (5), in relation to each financial year beginning in or after 1993 a billing authority shall transfer from its general fund to its collection fund such amounts as will discharge its liability to transfer anything from its general fund under section 97(2) of the 1988 Act at such times and in such instalments as it determines, provided it discharges any such liability within the financial year to which it relates.
5
Where a billing authority makes a substitute calculation after the end of the financial year to which it relates and becomes liable to transfer an amount under subsection (2) of section 97 of the 1988 Act, any amounts to be transferred by that authority in respect of its liabilities under that subsection which remain to be discharged immediately after the substitute calculation is made shall be transferred as soon as reasonably practicable after the making of that calculation.
6
In relation to each financial year beginning in or after 1994 a billing authority shall in accordance with paragraphs (7) and (8) discharge its liability to pay anything from its collection fund to a relevant major precepting authority in respect of so much of any surplus in that fund as, in accordance with regulation 11, that billing authority calculates to be that major precepting authority’s share as regards that year.
7
Any amount so calculated as regards the financial year in question shall be paid by a billing authority to a relevant major precepting authority in no more than 10 equal instalments during that financial year, provided that —
a
the first and final instalments are paid in that year no later than 31st May and 31st March respectively, and
b
there are an equal number of days between each instalment.
8
For the purposes of the computation of days under paragraph (7)(b) a day which is a Saturday, Sunday or bank holiday shall be excluded.
9
Any amount paid or transferred by a billing authority in respect of a liability for a financial year, whether or not paid or transferred in accordance with a schedule of instalments or in accordance with any of the provisions in paragraphs (3) to (8), shall be treated as discharging that liability to the extent of the payment or transfer.
10
For the purposes of paragraph (9), any amount paid or transferred which —
a
was treated in accordance with that paragraph as discharging a billing authority’s liability, but which
b
was subsequently repaid or credited by the relevant precepting authority concerned under section 42(2) of the 1992 Act, or transferred under regulation 9,
shall, to the extent of the amount repaid or credited or transferred under regulation 9, cease to be treated as discharging that liability.
11
Any reference in this regulation to an authority’s schedule of instalments is a reference to the schedule of instalments determined by the authority in accordance with regulation 4, or where the authority has amended its schedule in accordance with regulation 6, to its schedule of instalments as it currently has effect.
Schedules of instalments
4
1
A billing authority shall determine a schedule of instalments in relation to each financial year beginning in or after 1993.
2
A billing authority shall determine a schedule of instalments under paragraph (1) before 31st January in the financial year preceding that to which the schedule will relate.
3
Subject to paragraph (4), a billing authority shall determine a schedule of instalments in accordance with the rules prescribed in Schedule 1 to these Regulations.
4
Where each relevant major precepting authority agrees before 31st January in the financial year preceding that to which a billing authority’s schedule of instalments will relate, a billing authority may determine a schedule of instalments otherwise than in accordance with one or more of the rules prescribed in paragraphs 1 to 5 of Schedule 1 to these Regulations, if the schedule satisfies the conditions specified in the following paragraph.
5
For the purposes of paragraph (4) and regulation 6(4) the conditions are that the schedule of instalments requires payments or transfers in at least two instalments the total of which will discharge the billing authority’s liabilities within the financial year to which it relates.
Information on schedules of instalments
5
1
A billing authority shall, before 31st December in the financial year preceding that to which the schedule of instalments will relate, inform each relevant precepting authority of the schedule of instalments which it proposes to determine under regulation 4.
2
A billing authority shall, on or before 31st January in the financial year preceding that to which the schedule of instalments will relate, inform each relevant precepting authority of the schedule of instalments which it has determined under regulation 4.
3
A billing authority shall not determine a schedule of instalments under regulation 4 within 21 days of informing each relevant precepting authority under paragraph (1) of the schedule of instalments which it proposes to determine.
Amendment of schedules of instalments
6
1
A billing authority may, with the agreement of each relevant major precepting authority, from time to time amend a schedule of instalments in so far as it relates to future payments, and any such amendment shall have effect from such time as is specified in the amendment.
2
The power under paragraph (1) to amend a schedule of instalments does not extend to the amendment of any provision in so far as it relates to relevant local precepting authorities.
3
Subject to paragraph (4), an amended schedule of instalments shall satisfy the requirements of paragraphs 1 to 5 of Schedule 1 to these Regulations.
4
A schedule of instalments may be amended otherwise than in accordance with one or more of the rules prescribed in paragraphs 1 to 5 of Schedule 1 to these Regulations, if the amended schedule of instalments satisfies the conditions specified in regulation 4(5).
Interest on amount of instalments
7
1
A billing authority shall pay interest to a relevant precepting authority in respect of any amount which —
a
has become payable to that precepting authority in accordance with a schedule of instalments, but
b
has not been so paid.
2
Interest shall be payable under paragraph (1) on the amount outstanding for every day of the period beginning with the day on which the amount was due to be paid and ending with the day before the day on which it is paid.
Calculation of interest on amount of instalments
8
1
Interest payable under regulation 7 in respect of an amount outstanding shall be calculated as the rate which is 2 per cent. above the highest base rate quoted by any of the reference banks at any time in the period for which that interest is payable.
2
The interest shall be paid at the same time as the amount outstanding is paid.
3
For the purposes of paragraph (1), the reference banks are the seven largest institutions —
a
authorised by the Bank of England under the Banking Act 1987 , and
b
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling.
4
For the purposes of paragraph (3), the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period for which interest is payable begins.
5
In this regulation —
“consolidated gross assets” of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) ;
“a deposit-taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act.
Calculations under section 32(4) of the 1992 Act
9
1
Where —
a
a billing authority has made a substitute calculation in relation to a financial year, and
b
an amount transferred under section 97(1) of the 1988 Act from that authority’s collection fund to its general fund in relation to that financial year would not have been so transferred had the amount transferable in respect of the last calculation made before the substitute calculation been the same as the amount transferable, if any, in respect of the substitute calculation,
that billing authority shall transfer from its general fund to its collection fund the amount which would not have been so transferred.
2
Where —
a
a billing authority has made a substitute calculation in relation to a financial year, and
b
an amount transferred under section 97(2) of the 1988 Act from that authority’s general fund to its collection fund in relation to that financial year would not have been so transferred had the amount transferable in respect of the last calculation made before the substitute calculation been the same as the amount transferable in respect of the substitute calculation,
that billing authority shall transfer from its collection fund to its general fund the amount which would not have been so transferred.
3
The amount transferred under paragraph (1) or (2), as the case may be, shall be transferred —
a
if the substitute calculation was made before the end of the financial year to which it relates, in that financial year,
b
in any other case, on the day on which the substitute calculation is made.
4
In paragraphs (1) and (2) references to an amount transferable in respect of a calculation are references to the amount which a billing authority which has made calculations in accordance with sections 32 to 36 of the 1992 Act is required to transfer from its collection fund or its general fund under subsection (1) or (2) of section 97 of the 1988 Act, as the case may be.
Estimation of surpluses and deficits
10
1
A billing authority shall in accordance with the rules prescribed in Part I of Schedule 2 to these Regulations estimate as regards each financial year beginning in or after 1993 whether there is a surplus or deficit in its collection fund for the preceding financial year, and if so, the amount of that surplus or deficit.
2
A billing authority shall estimate the surplus or deficit under paragraph (1) —
a
as regards the financial year beginning in 1993, on 15th February 1993,
b
as regards a financial year beginning in or after 1994, on 15th January in the preceding financial year.
3
Where 15th January in a financial year is a Saturday, Sunday or bank holiday the estimate shall be made on the first working day thereafter.
Apportionment of and liability for surpluses and deficits
11
1
Any surplus or deficit estimated by a billing authority under regulation 10(1) as regards the financial year beginning in 1993 shall belong solely to, or be borne solely by, that authority.
2
Any surplus or deficit estimated by a billing authority under regulation 10(1) as regards a financial year beginning in or after 1994 shall, in accordance with the rules prescribed in Part II of Schedule 2 to these Regulations, be shared among, or be borne between, that authority and its relevant major precepting authorities.
3
A billing authority shall, within 7 working days of the day on which it makes an estimate under regulation 10(1) as regards each financial year beginning in or after 1994, inform its relevant major precepting authorities of the amount of any surplus or deficit and the amount equal to so much of any such surplus or deficit as, in accordance with the rules prescribed in Part II of Schedule 2 to these Regulations, that billing authority calculates to be each relevant major precepting authority’s share or the amount which must be borne by each such authority.
Discharge of a relevant major precepting authority’s liabilities
12
1
In relation to each financial year beginning in or after 1994 a relevant major precepting authority shall in accordance with paragraphs (2) and (3) discharge its liability to pay anything to a billing authority in respect of so much of any deficit in that authority’s collection fund as, in accordance with regulation 11, that billing authority calculates must be borne by that major precepting authority as regards that year.
2
Any amount so calculated as regards the financial year in question shall be paid by a relevant major precepting authority to a billing authority in no more than 10 equal instalments during that financial year, provided that —
a
the first and final instalments are paid in that year no later than 31st May and 31st March respectively, and
b
there are an equal number of days between each instalment.
3
For the purposes of the computation of days under paragraph (2)(b) a day which is a Saturday, Sunday or bank holiday shall be excluded.
Holdings and investments
13
1
Any sum paid into a billing authority’s collection fund which is not immediately required for the purpose of making payments or transfers from that fund shall be —
a
held in cash;
b
invested in a prescribed investment; or
c
transferred to the billing authority’s general fund.
2
Any sum transferred under paragraph (1) from an authority’s collection fund to its general fund shall be —
a
held in cash;
b
invested in a prescribed investment; or
c
used for the discharge of the authority’s functions.
3
A prescribed investment is an investment prescribed in Schedule 3 to these Regulations.
4
Where a sum has been transferred to its general fund under paragraph (1), a billing authority shall —
a
immediately retransfer the sum if such a retransfer is required to enable the authority to meet payments or transfers from its collection fund; and
b
otherwise retransfer the sum as and when it thinks fit.
The 1989 Regulations
14
1
Subject to paragraph (2), the 1989 Regulations shall cease to have effect in relation to any financial year beginning in or after 1993.
2
Any sum which —
a
at the end of the financial year beginning in 1992 is held or is invested under regulation 10 of the 1989 Regulations, or
b
before the end of that year has been transferred under that regulation and has not been retransferred under regulation 11 of the 1989 Regulations,
shall with effect from 1st April 1993 be treated as if it is held or is invested or has been transferred under regulation 13 of these Regulations.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
13th October 1992


text:
1
This Order may be cited as the Education (Further Education Corporations) Order 1992 and shall come into force on 28th September 1992.
2
The educational institutions maintained by local education authorities and the county and controlled schools specified in the Schedule to this Order appear to the Secretary of State to fall within subsections (2) and (3) respectively of section 15 of the Further and Higher Education Act 1992.
3
The “operative date” in relation to further education corporations established under section 15 of the Further and Higher Education Act 1992 and to the institutions which they conduct shall be 1st April 1993.
John Patten
Secretary of State for Education
3rd September 1992
David Hunt
Secretary of State for Wales
3rd September 1992