text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Walton Centre for Neurology and Neurosurgery National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 10th December 1992.
2
In this Order —
“the Authority” means South Sefton (Merseyside) Health Authority;
“the Trust” means the Walton Centre for Neurology and Neurosurgery National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 11th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th December 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th November 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Merchant Shipping (Ministry of Defence Yachts) Order 1992 and shall come into force on 12th June 1992.
Interpretation
2
1
In this Order —
“Ministry of Defence yacht” means a yacht, whose primary means of propulsion is by sail, which is a Government ship in the service of the Ministry of Defence;
“the 1894 Act ” means the Merchant Shipping Act 1894;
“ the Acts ” means the Merchant Shipping Acts 1894 to 1988;
“ Secretary of State ” means the Secretary of State for Defence.
2
In this Order, any reference to a numbered article is a reference to the article so numbered in this Order.
Amendment of the Merchant Shipping (Ministry of Defence Ships) Order 1989
3
1
The Merchant Shipping (Ministry of Defence Ships) Order 1989 shall be amended as follows.
2
In article 3 (interpretation) in the definition of “Ministry of Defence ship” after the words “Government ship” there shall be inserted the words “other than a Ministry of Defence yacht”.
3
After the definition of “Ministry of Defence ship” there shall be inserted the following definition —
“Ministry of Defence yacht” means a yacht, whose primary means of propulsion is by sail, which is a Government ship in the service of the Ministry of Defence;
4
In article 14 (application of the Acts) —
a
after the words “other than” there shall be inserted the words “those as modified by this Order and”;
b
after the words “shall not apply” there shall be inserted the words “in relation”.
5
In article 15 (saving provision) after the words “shall apply” there shall be inserted the words “in relation”.
Regulations for registry
4
An application for registry of a Ministry of Defence yacht shall be made in writing under the hand of an officer of the Ministry of Defence to a registrar of British ships and shall contain the following particulars —
a
a statement of the name and description of the yacht;
b
a statement of the time when and the place where the yacht was built; or, if the yacht was foreign built and the time and place of building are unknown, a statement to that effect and of her foreign name;
c
a statement of the nature of the title to the yacht, whether by original construction by or for the Ministry of Defence, or by purchase, capture, condemnation or otherwise, and, if she was not originally constructed by or for the Ministry of Defence, a list of the documents of title, if any.
5
The registrar, on receiving an application under article 4, shall enter in the register the following particulars —
a
a record of the yacht as belonging to the Secretary of State;
b
the name of the port of registry;
c
the particulars stated in the application for registry.
6
Upon the registry of a Ministry of Defence yacht the registrar shall retain in his possession the application for registry and any documents of title produced with the application.
7
The Secretary of State shall be deemed to be the managing owner of a Ministry of Defence yacht and his name and address shall be registered as provided by section 59(1) of the 1894 Act.
Exceptions and modifications to the Merchant Shipping Acts
8
The powers conferred by sections 530 to 534 of the 1894 Act (removal of wrecks) shall not be exercised in the case of a Ministry of Defence yacht without the consent of the Secretary of State except in regard to lighting and buoying necessary for the immediate protection of traffic.
9
Nothing in this Order shall be construed as excluding a Ministry of Defence yacht from the category of Her Majesty’s ships for the purposes of sections 557 to 564 of the 1894 Act (salvage by Her Majesty’s ships).
10
Where any provision of the Acts which, by virtue of section 80 of the Merchant Shipping Act 1906 and this Order is applicable in relation to a Ministry of Defence yacht, imposes any duty or liability or confers any right or power upon or contemplates any act being performed by the owner of a ship, such duty, liability, right or power shall, subject always to the other provisions of this Order, be carried out, borne or exercised by the Secretary of State.
11
Nothing contained in the Acts providing that an owner of a ship shall be guilty of an offence or shall be subject to any penalty, or providing for the forfeiture, detention, distress or poinding and sale of a ship or of anything on or belonging to a ship, shall have any application to the Secretary of State or a Ministry of Defence yacht or anything on or belonging to such a yacht.
12
Notwithstanding anything contained in the Acts or this Order the master of or any seaman employed on a Ministry of Defence yacht shall not be liable for any penalty, debt or damages under any provision of the Acts in respect of anything done or omitted in pursuance of an order of the Secretary of State or of any member of Her Majesty’s forces.
13
The provisions of the Acts, other than those as modified by this Order and those specified in the Schedule to this Order, shall not apply in relation to a Ministry of Defence yacht registered pursuant to the provisions of this Order.
14
A Ministry of Defence yacht registered pursuant to the provisions of the Merchant Shipping (Ministry of Defence Ships) Order 1989, or deemed to be so registered by virtue of article 15 of that Order, shall be deemed to be registered pursuant to the provisions of this Order and article 13 shall apply in relation to such yacht.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Animal By-Products Order 1992 and shall come into force on 1st January 1993.
Extension of definitions of “Animals” and “Poultry”
2
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise —
i
any kind of mammal except man,
ii
any kind of four-footed beast which is not a mammal and
iii
fish, and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise quails.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“animal” includes poultry;
“animal by-product” means any carcase or part of any animal or product of animal origin not intended for direct human consumption but does not include animal excreta or catering waste or meat cooked at a knacker’s yard for use as food for animals whose flesh is not intended for human consumption;
“approved premises” means premises approved by the Minister under article 8;
“burial” means interment at a depth beyond the reach of carnivorous animals;
“knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals the flesh of which is not intended for human consumption;
“premises” includes land;
“rendering” means subjecting animal by-products at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4;
“scientific purposes” means diagnostic, educational or research purposes;
“technical or pharmaceutical products” means products intended for purposes other than human food or animal feedingstuffs.
2
Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.
Scope
4
1
The provisions of this Order shall not apply to waste food defined in, and required to be processed under, the provisions of the Diseases of Animals (Waste Food) Order 1973
2
The provisions of this Order shall not apply to hides, skins, hooves, feathers, wool, horns, hair, blood and similar products from animals slaughtered in the normal way which are not used in the manufacture of feedingstuffs but shall apply to such products when originating from animals which (during veterinary inspection at the time of slaughter) show signs of any disease communicable through that product to man or animals.
PART I
DISPOSAL AND PROCESSING OF ANIMAL BY-PRODUCTS
Restriction on disposal of animal by-products referred to in Part I of Schedule 1
5
1
Subject to the provisions of paragraphs (2) and (3) below any person who has in his possession or under his control any animal by-product referred to in Part I of Schedule 1 shall dispose of it by one of the following methods, namely —
a
by rendering in approved premises;
b
by incineration;
c
by burial.
2
Subject to the provisions of paragraph (3) below the provisions of paragraph (1) above shall not apply to —
a
the use of any such by-product for scientific purposes;
b
the distribution of any such by-product referred to in paragraphs (a), (b) and (e) of Part I of Schedule 1, or use of any such by-product at a knacker’s yard or at premises used for feeding zoo, circus or fur animals, recognized packs of hounds or for feeding to maggots farmed for fishing bait;
c
the use, under the authority of a licence from the Minister, of any such byproduct for the production of material that has not been fully rendered subject to the final disposal of that by-product in accordance with paragraph (1) above.
3
The Minister may, if he thinks it expedient to do so, require, by notice, any such byproduct to be disposed of by incineration or burial.
Restriction on disposal of animal by-products referred to in Part II of Schedule 1
6
1
Subject to the provisions of paragraph (2) below any person who has in his possession or under this control any animal by-product referred to in Part II of Schedule 1 shall dispose of it by one of the following methods, namely —
a
by rendering in approved premises;
b
by incineration;
c
by burial.
2
The provisions of paragraph (1) shall not apply to —
a
the use of any such by-product for scientific purposes;
b
the distribution of any such by-product to or use of any such by-product at a knacker’s yard or at premises used for feeding zoo, circus or fur animals, recognized packs of hounds or for feeding to maggots farmed for fishing bait;
c
the collection or use of any such by-product for the preparation of petfood or of technical or pharmaceutical products in premises registered under article 9;
d
the use, under the authority of a licence from the Minister of any such byproduct for the production of material that has not been fully rendered, subject to the final disposal of that by-product in accordance with paragraph (1) or (2)(c) above.
3
Where the use of such by-product is in accordance with paragraph (2)(c) above the Minister may if he thinks it expedient to do so require by notice that it be despatched, stored or processed in a specific location and under specific conditions.
Restrictions on movement of animal by-products
7
No person shall move or cause or permit to be moved any animal by-product from any premises except in accordance with the provisions of Schedule 2.
Approval of animal by-products rendering premises
8
1
No person shall, in the course of a business carried on by him, render any animal by-product on any premises unless those premises are approved in writing by the Minister for such purpose.
2
Any person wishing to obtain approval for use of any premises for the rendering of any animal by-product shall make an application to the Minister in such form and manner as the Minister may require and shall provide all the particulars specified in Schedule 3 in writing.
3
The Minister —
a
shall grant the approval referred to in paragraph (1) above subject to the requirements set out in Part I of Schedule 4 or, as the case may be, Part II of Schedule 4 and to such other conditions as may be specified in the approval;
b
may vary, revoke or suspend the approval by notice in writing served on the person to whom the approval was granted; and
c
may grant the approval to remain in force until revoked or to expire at a time specified in the approval.
Registration of premises collecting or using animal by-products for petfood, technical or pharmaceutical products
9
1
No person shall use any premises (other than premises on which the animal by-products originate) to collect animal by-products intended for the preparation of petfood or for the production of petfood (other than knackers' yards) or technical or pharmaceutical products using animal by-products referred to in Part II of Schedule 1 unless his name is registered in respect of those premises and that product.
2
The appropriate Minister shall keep, for the purposes of paragraph (1) above, a register of persons entitled to use premises for the collection of material intended for the preparation or production of petfood or technical or pharmaceutical products.
3
Any application for registration shall be in writing in such form and manner as the appropriate Minister may require.
4
The appropriate Minister shall, subject to paragraph (5) below, register the applicant’s name in respect of those premises and that product and shall issue to the applicant a certificate of such registration.
5
The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the particulars specified in Schedule 5 are notified to him in writing.
6
The appropriate Minister shall refuse to register or shall remove the name of any 1373.04person in respect of any premises if, as the result of an inspection carried out on the premises by a veterinary inspector, he is satisfied that the provisions of article 7 and Schedule 2 or Schedule 6 are not being complied with or cannot be complied with by the date on which registration could otherwise be effected.
7
A person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him except in the case of information required by paragraph 6 of Schedule 5, such notification to be made within 14 days of any such change.
Registration of premises used for the feeding of animal by-products to zoo, circus or fur animals, recognized packs of hounds and maggot farming for fishing bait
10
1
No person shall receive or use on any premises any animal by-product referred to in paragraph (a), (b) or (e) of Part I of Schedule 1 or Part II of Schedule 1 for feeding to zoo, circus or fur animals, recognized packs of hounds and to maggots farmed for fishing bait, unless his name and the address of those premises are registered in respect of those premises.
2
The appropriate Minister shall keep, for the purposes of paragraph (1) above, a register of persons being persons entitled to use premises for the receipt and use of any animal by-product.
3
Any application for registration shall be in writing in such form and manner as the appropriate Minister may require.
4
The appropriate Minister shall, subject to paragraph (5) below, register the applicant’s name in respect of those premises and shall issue to the applicant a certificate of such registration.
5
The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the particulars specified in Schedule 5 are notified to him in writing.
6
The appropriate Minister shall refuse to register or shall remove the name of any person in respect of any premises, if, as the result of an inspection carried out in the premises by a veterinary inspector, he is satisfied that the provisions of article 7 and Schedule 2 are not being complied with or cannot be complied with by the date on which registration would otherwise be effected.
7
A person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him except in respect of information required by paragraph 6 of Schedule 5, such notification to be made within 14 days of any such change.
PART II
GENERAL
Transitional provision
11
No person shall be convicted of any offence against section 73 of the Act by virtue of any breach of this Order in relation to any act or omission of his which occurred before 1st July 1993.
Local Authority to enforce Order
12
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the Local Authority.
Inspections, taking samples etc.
13
1
An inspector who enters any land, building or other place in exercise of his powers under the Act may —
a
carry out such inquiries, examinations and tests, and
b
take such samples
as are necessary to ascertain whether the provisions of this Order have been or are being complied with.
2
An inspector may, for the purposes of identification, mark any animal, poultry, carcase, product or feedingstuff or other thing in relation to which any of the powers in paragraph (1) above has been exercised.
3
No person shall, or shall attempt to, deface, obliterate or remove any such mark as is referred to in paragraph (2) above.
4
The occupier of any land, building or other place or any person in his employment shall render such reasonable assistance to an inspector as the inspector may require for the purpose of facilitating the exercise of his powers under paragraphs (1) and (2) above.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd December 1992
David Hunt
Secretary of State for Wales
29th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Neath Canal (Cnel Bach) (Repeal of Local Enactments) Order 1992 and shall come into force on 6th July 1992.
2
In this Order —
“the 1791 Act ”means the Act entitled “An Act for making and maintaining a Canal or Navigable Communication from or near a certain place called Abernant, in the County of Glamorgan, to and through a certain place called the Brickfield near Melincrythan Pill, in to the River Neath, near the town of Neath, in the said County” , as amended by the Act entitled “An Act for extending the Neath Canal and for amending an Act, passed in the Thirty-First Year of the Reign of His present Majesty, for making the said Canal” ; and
“the Cnel Bach stretch ”means the part of the Neath Canal described in the Schedule to this Order.
Extinguishment of public and private rights of navigation over the Cnel Bach stretch
2
Sections L and LXXIII of the 1791 Act (which provide for navigation to be free upon payment of rates, and for owners and occupiers of adjoining lands to use pleasure and husbandry boats free of rates), and so much of section LV of that Act (which provides for cuts to be made to communicate with the Neath Canal) as confers any public or private right of navigation, shall cease to have effect in relation to the Cnel Bach stretch.
Payment of compensation
3
Any compensation which falls to be paid under section 112(4) of the Transport Act 1968 by virtue of this Order shall be paid by the Secretary of State for Wales.
Michael Howard
Secretary of State for the Environment
5th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aintree Hospitals National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 10th December 1992.
2
In this Order:
“the Authority” means South Sefton (Merseyside) Health Authority;
“the Trust” means the Aintree Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th December 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Suffolk 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 West Suffolk 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 West Suffolk 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 the West Suffolk Hospital, Hardwick Lane, Bury St. Edmunds, Suffolk IP33 2QZ 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 West Suffolk 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 West Suffolk 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 West Suffolk 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.
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Council Tax (Exempt Dwellings) Order 1992 and shall come into force on 31st March 1992.
2
1
For the purposes of this Order–
“ the Act ” means the Local Government Finance Act 1992;
“qualifying person” means a person who would, but for the provisions of this Order, be liable for the council tax in respect of a dwelling on a particular day as the owner, whether or not jointly with any other person;
“relevant absentee” in relation to a dwelling means a person who is detained elsewhere in the circumstances mentioned in Class D(1)(a) of article 3 or who has his sole or main residence elsewhere in any of the circumstances mentioned in Class E(a), Class I(a) or Class J(a) of that article;
“the last occupation day”, subject to paragraph (2), means the day before the dwelling concerned ceased to be occupied;
an “unoccupied dwelling” means a dwelling in which no one lives and “occupied” shall be construed accordingly;
“student” means a person falling within the definition of student in paragraph 4 of Schedule 1 of the Act .
2
For the purpose of determining the last occupation day, any period of less than 6 weeks within which the dwelling concerned was occupied shall be disregarded.
3
A dwelling is an exempt dwelling for the purposes of section 4 of the Act on a particular day if on that day it falls within one of the following classes–
Class A: (1) a dwelling which is and has been both unoccupied, other than for any period of less than 6 weeks, and substantially unfurnished for a period of less than 6 months since–
a
the effective date of any alteration of the valuation list arising from the carrying out of relevant works; or
b
if there has been no such alteration of the list because relevant works were carried out before 1st April 1993, the date of completion of such works;
(2) in paragraph (1) “relevant works” means the erection or structural alteration of or repair works to the dwelling; Class B: a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than 6 months since the last occupation day, and was last occupied in furtherance of the objects of the charity; Class C: a dwelling which is unoccupied and has been so for a period of less than 6 months since the last occupation day and which is substantially unfurnished and has been so throughout that period; Class D: (1) an unoccupied dwelling which either–
a
would be the sole or main residence of a qualifying person detained elsewhere in the circumstances specified in paragraph 1 of Schedule 1 to the Act but for his detention, or
b
was previously the sole or main residence of such a person, if he has been a relevant absentee for the whole period since it last ceased to be such;
(2) for the purposes of paragraph (1) above, a dwelling shall be regarded as unoccupied if its only occupant or occupants are persons detained elsewhere in the circumstances there mentioned; Class E: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who–
a
has his sole or main residence elsewhere in the circumstances specified in paragraph 6, 7, or 8 of Schedule 1 to the Act ; and
b
has been a relevant absentee for the whole of the period since the dwelling last ceased to be his sole or main residence;
Class F: an unoccupied dwelling in relation to which a person is a qualifying person in his capacity as personal representative, if either no grant of probate or of letters of administration has been made, or less than 6 months have elapsed since the day on which such a grant was made; Class G: an unoccupied dwelling the occupation of which is prohibited by law, or which is kept unoccupied by reason of action taken under powers conferred by or under any Act of Parliament, with a view to prohibiting its occupation or to acquiring it; Class H: an unoccupied dwelling which is held for the purpose of being available for occupation by a minister of any religious denomination as a residence from which to perform the duties of his office; Class I: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who–
a
has his sole or main residence in another place (not being a hospital, residential care home, nursing home, mental nursing home or hostel within the meaning of paragraphs 6, 7 or 8 of Schedule 1 to the Act) for the purpose of receiving personal care required by him by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
b
has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence;
Class J: an unoccupied dwelling which was previously the sole or main residence of a qualifying person who–
a
has his sole or main residence in another place for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
b
has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence;
Class K: an unoccupied dwelling–
a
which was last occupied only by one or more students whose sole or main residence it was; and
b
in relation to which a qualifying person is a student who fulfils the description in paragraph (a) above and who has been a student for the whole of the period since the dwelling last ceased to be his residence;
Class L: an unoccupied dwelling where a mortgagee is in possession under the mortgage; Class M: a dwelling comprising a hall of residence provided predominantly for the accommodation of students which is either–
a
owned or managed by an institution within the meaning of paragraph 5 of Schedule 1 to the Act ; or
b
the subject of an agreement allowing such an institution to nominate persons to occupy all the a ccommodation so provided;
Class N: (1) A dwelling which is either–
a
occupied by one or more residents all of whom are students;
b
occupied only by one or more students as term time accommodation;
(2) for the purposes of paragraph (1), a dwelling is to be regarded as occupied by a student as term time accommodation during any vacation in which he–
a
holds a freehold or leasehold interest in or licence to occupy the whole or any part of the dwelling; and
b
has previously used or intends to use the dwelling as term time accommodation;
Class O: a dwelling of which the Secretary of State for Defence is the owner, held for the purposes of armed forces accommodation.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Relevant Population (England) (Amend ment) Regulations 1992 and shall come into force on 31st January 1992.
Amendments
2
The Relevant Population (England) Regulations 1990 shall have effect in relation to financial yearsbeginning on or after 1st April 1992 with the following amendments inparagraph 3 of the Schedule:
a
for sub-paragraph (2) (b) and (ba) there shall be substituted the following:
b
P is the number of persons shown in the charging authority'sregister on 10th September in the preceding year as subject on 3rd Junein that preceding year to a personal community charge in respect of aresidence in the relevant part of the authority’s area who were notshown in the charging authority’s register on that 10th September asundertaking a full time course of education on that 3rd June;
ba
PS is the number of persons shown in the charging authority'sregister on 10th September in the preceding year as both subject on 3rd June in that preceding year to a personal community charge in respect of a residence in the relevant part of the authority’s area and undertakinga full time course of education on that 3rd June;
;
b
for sub-paragraph (2) (c), there shall be substituted the following:
c
PJ is the authority’s estimate of the number of persons, otherthan those mentioned in sub-paragraph (2) (ca) below, who were not on 10th September in the preceding year shown in the authority’s registeras subject on 3rd June in that preceding year to a personal communitycharge in respect of a residence in the relevant part of the authority'sarea, but who as a result of the order will on 1st April in the year besubject to a personal community charge in respect of a residence in thatpart;
ca
PJS is the authority’s estimate of the number of persons whowere not on 10th September in the preceding year shown in the authority’s register as subject on 3rd June in that preceding year to apersonal community charge in respect of a residence in the relevant partof the authority’s area, but who will as a result of the order on 1st April in the year be subject to a personal community charge in respectof a residence in that part and will be undertaking a full time courseof education on that day;
cb
PL and PLS have the same meanings as in paragraphs 2(1) (d) and (e) respectively;
cc
WJ, WJS, WL and WLS have the same meanings as PJ, PJS, PL andPLS in sub-paragraph (c) to (cb) above respectively, with the modification that references in the definitions of the latter terms tothe relevant part of an authority’s area shall be construed asreferences to the authority’s areas as a whole.
.
Michael Heseltine
Secretary of State for the Environment
22nd January 1992


text:
Citation and commencement
1
This Order may be cited as the Transport and Works (Guided Transport Modes) Order 1992 and shall come into force on 1st January 1993.
Prescribed modes
2
The Secretary of State hereby prescribes the following modes for the purposes of section 1(1)(d) of the Act:
a
aerial cableway;
b
lift;
c
magnetic levitation;
d
monorail;
e
road-based with cable guidance;
f
road-based with rail guidance;
g
road-based with side guidance;
h
track-based with side guidance.
Interpretation
3
1
In this Order —
“aerial cableway” means a mode in which the vehicles are supported and guided by means of a cable, but does not include a funicular railway or a lift;
“lift” means a mode in which the vehicle —
is moved wholly or partly between guides which are vertical or inclined at an angle of less than 15 degrees to the vertical; and
provides direct access at more than one level to a street;
“magnetic levitation” means a mode in which the vehicles are supported and guided wholly or mainly by means of magnetic force;
“monorail” means a mode in which the vehicles are supported and guided wholly or mainly by means of a single rail or beam;
“road-based with cable guidance” means a mode in which the vehicles —
are capable of operating on a road; and
are guided wholly or mainly by means of a cable, wire or other device which is not in direct physical contact with the vehicles;
“road-based with rail guidance” means a mode in which the vehicles —
are capable of operating on a road; and
are guided wholly or mainly by means of a single rail or slot;
“road-based with side guidance” means a mode in which the vehicles —
are capable of operating on a road; and
are guided wholly or mainly by means of wheels bearing outwards against fixed apparatus; and
“track-based with side guidance” means a mode in which the vehicles —
are supported by means of a track or other structure not being a road; and
are guided wholly or mainly by means of wheels bearing outwards against fixed apparatus.
2
In this Order, references to “mode” are to be construed as a mode of guided transport which employs vehicles used wholly or mainly for the carriage of passengers and “road” has the same meaning as in the Road Traffic Regulation Act 1984 .
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
16th December 1992


text:
1
This Order may be cited as the British Transport Police Force Scheme 1963 (Amendment) Order 1992 and shall come into force on 23rd March 1992.
2
The British Transport Police Force Scheme 1963 shall have effect subject to the amendments set out in the First Schedule to this Order.
3
The British Transport Police Force Scheme 1963, as amended by this Order, is set out in the Second Schedule to this Order.
Malcolm Rifkind
Secretary of State for Transport
24th February 1992


text:
Citation and commencement
1
These Regulations may be cited as the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) Regulations 1992 and shall come into force on 6th April 1992.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“section 32” means section 32 of the Finance Act 1991;
“training payment” means a payment made on or after 6th April 1992 by an individual to a training provider in respect of a qualifying course of vocational training in respect of an allowable expense;
“training provider” means a person who on or after 6th April 1992 —
provides (or has at any time on or after 6th April 1992 provided) training courses which are (or were) qualifying courses of vocational training, or
receives fees such as are mentioned in subsection (9) of section 32 in respect of a qualifying course of vocational training.
Public financial assistance
3
1
The descriptions of public financial assistance for the purposes of paragraph (d) of subsection (1) of section 32 are those specified in paragraph (2).
2
The descriptions of public financial assistance specified in this paragraph are public financial assistance —
a
in England and Wales —
i
under arrangements made under section 2 of the Employment and Training Act 1973 in respect of payments made by the Secretary of State and known by the name of —
aa
Youth Training or YT,
bb
Employment Training or ET,
cc
Employment Action,
dd
Training Credits Scheme, or
ee
Career Development Loans,
ii
under regulations made under section 1 of the Education Act 1962 in respect of mandatory awards paid by a local education authority ,
iii
under section 2 of the Education Act 1962 in respect of discretionary awards paid by a local education authority,
iv
under regulations made under section 100(1)(b) of the Education Act 1944 in respect of grants paid in connection with the provision of educational services , and
v
under regulations made under section 1 of, and Schedule 2 to, the Education (Student Loans) Act 1990 in respect of loans made to students ;
b
in Scotland —
i
under arrangements made under section 2 of the Employment and Training Act 1973 in respect of payments made by the Secretary of State and known by the name of —
aa
Employment Action, or
bb
Career Development Loans,
ii
under arrangements made under section 2(3), (4), (5) and (6) of the Enterprise and New Towns (Scotland) Act 1990 in respect of payments made by Scottish Enterprise or Highlands and Islands Enterprise and known by the name of —
aa
Youth Training or YT,
bb
Employment Training or ET, or
cc
Training Credits Scheme,
iii
under regulations made under section 49 of the Education (Scotland) Act 1980 in respect of bursaries administered by Scottish Education Authorities ,
iv
under regulations made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980 in respect of grants paid to education authorities or to the managers of educational establishments ,
v
under regulations made under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 in respect of student allowances for courses of higher education , and
vi
under regulations made under section 1 of, and Schedule 2 to, the Education (Student Loans) Act 1990 in respect of loans made to students;
c
in Northern Ireland —
i
under arrangements made under sections 1 and 3 of the Employment and Training Act (Northern Ireland) 1950 in respect of which a training allowance is paid,
ii
under Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of mandatory awards paid by Education and Library Boards,
iii
under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 in respect of discretionary awards paid by Education and Library Boards,
iv
under Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of access funds for students at Universities or Further Education Colleges, and
v
under Article 3 of and Schedule 2 to the Education (Student Loans) (Northern Ireland) Order 1990 in respect of loans made to students; and
d
provided by an overseas government which corresponds to any description of public financial assistance specified in sub-paragraphs (a) to (c) above.
Circumstances of disentitlement
4
1
In the circumstances prescribed by paragraph (2) an individual who has made a training payment shall cease to be and be treated as not having been entitled to relief under subsection (2) of section 32 in respect of the training payment, or of the appropriate part of that training payment.
2
The circumstances prescribed by this paragraph are where —
a
the training payment or any part of it is refunded by the training provider, or
b
any prize, award or other payment is given by the training provider to the individual by virtue merely of the qualifying course of vocational training being undertaken, completed or completed successfully by the individual.
Recovery of tax from training provider
5
1
This regulation applies where an individual, who by virtue of regulation 4 has ceased to be and is treated as not having been entitled to relief in respect of the training payment or any part of it, has made a training payment to a training provider.
2
Where this regulation applies, and in the circumstances prescribed by paragraph (3), the training provider shall account to the Board for tax relief which has been given on the basis that the individual was so entitled to relief.
3
The circumstances prescribed by this paragraph are where —
a
the training provider has recovered from the Board an amount equal to any amount deducted and retained by the individual from the training payment in accordance with subsection (4) of section 32, and
b
that amount has not been repaid to the Board.
Adaptation of section 30 of the Taxes Management Act 1970
6
1
In order to secure the performance of the obligation imposed by regulation 5, section 30 of the Taxes Management Act 1970 shall be adapted so that it applies to the tax for which the training provider is to account to the Board in accordance with that regulation as it applies to tax which has been repaid to a person which ought not to have been repaid to him.
2
For the purposes of the adaptation required by paragraph (1), any reference in the said section 30 to the repayment of an amount of tax to any person which ought not to have been repaid to him shall be construed as including a reference to tax for which the training provider is to account to the Board in accordance with regulation 5.
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the trunk road with other highways at the places stated in the Schedule (the highways along these routes being in this Order referred to as “the slip roads ”), shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the slip roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA10 YHCPD 47, marked “The A168 Trunk Road (Dishforth Interchange Slip Roads) 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;
ii
“the slip roads”
has the meanings given in article 1 of this Order;
iii
“the trunk road”
means the Boroughbridge-Thirsk Trunk Road (A168).
5
This Order shall come into force on 14th August 1992 and may be cited as the A168 Trunk Road (Dishforth Interchange Slip Roads) Order 1992.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
15th July 1992


text:
1
This Order may be cited as the Value Added Tax (Small Non-Commercial Consignments) Relief (Amendment) Order 1992 and shall come into force on 1st January 1993.
2
The Value Added Tax (Small Non-Commercial Consignments) Relief Order 1986 shall be amended in accordance with the following provisions.
3
In Article 3(1) after the word “importation” there shall be inserted the words “from a place outside the member States”.
4
In Article 3(2) for the words after “exceeding” there shall be substituted “£36.”.
5
For Article 4 there shall be substituted the following Article —
4
No relief shall be given under this Order unless the consignment is of an occasional nature.
.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
1
The County Council of Norfolk (Reconstruction of Magdalen Bridge) Scheme 1991 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Norfolk County Council, County Hall, Martineau Lane, Norwich.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Norfolk (Reconstruction of Magdalen Bridge) Scheme 1991 Confirmation Instrument 1992.
Signed by authority of the Secretary of State for Transport
Peter A. Shaw
Regional Director Northern Region
Department of Transport
12th June 1992


text:
Title, extent and commencement
1
These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (England and Wales) (Amendment) Regulations 1992 and shall apply to England and Wales and shall come into force on 6th April 1992.
Amendment of Regulations
2
The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 shall be amended in accordance with the provisions of the following regulations.
3
In regulation 2(1) (interpretation) —
a
after the definition of “cow” there shall be inserted —
“the Directive” means Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species;
;
b
after the definition of “the Minister” there shall be inserted —
“official veterinarian” means a veterinary inspector appointed by the Minister of Agriculture, Fisheries and Food under the Animal Health Act 1981 ;
.
4
In regulation 4 (application of regulations) for paragraph (1) there shall be substituted the following paragraph —
1
These Regulations shall not apply to anything done by a permitted person in the course of or for the purpose of the artificial insemination of a cow with raw semen which has been collected from a bull by a permitted person where —
a
at the time of insemination the cow is —
i
in the same ownership as the bull from which the semen is collected;
ii
kept on land occupied by the owner of the bull; and
iii
comprised in the same herd as the bull; and
b
at the time of collection —
i
the bull is not affected by any Order made under section 17, 23, 25, 26 or 29 of the Animal Health Act 1981; or
ii
the use of the bull’s semen is especially authorised by the Minister.
.
5
In regulation 7 (licences) —
a
in paragraph (1) after sub-paragraph (g) there shall be added —
h
a special farm storage movement licence.
;
b
after paragraph (9) there shall be inserted the following paragraph —
9A
A special farm storage movement licence shall authorise the licensee to move semen or cause or permit semen to be moved from a farm storage unit specified in that licence to another farm storage unit so specified.
.
6
After regulation 9 (collection of semen) the following regulation shall be inserted —
9A
1
No person shall export to a member State in the Economic Community any semen from a bull unless it meets the conditions set out in article 3 of the Directive.
2
The animal health certificate referred to in article 3(d) of the Directive shall be completed and signed by an official veterinarian.
.
7
In regulation 17 (movement of semen from quarantine) after paragraph (1) there shall be inserted the following paragraph —
1A
No person shall export semen to a member State of the Economic Community unless, after a period of 28 days in quarantine, that semen remains in quarantine or is moved to another storage facility for a further two days.
.
8
In regulation 18 (acceptance of semen for storage) at the end of sub-paragraph (b)(ii) there shall be added —
or
iii
is collected by or delivered to him in accordance with the conditions of a special farm storage movement licence.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th March 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
10th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Education (Government of Further Education Corporations) (Former Further Education Colleges) Regulations 1992 and shall come into force on 30th September 1992.
Application
2
1
These Regulations shall apply to —
a
further education corporations established under the following sections of the Further and Higher Education Act 1992 —
i
section 15(1) and (2),
ii
section 16(2)(a), or
iii
section 16(3) for the purpose of conducting an educational institution, maintained by a local education authority, which is principally concerned with the provision of further or higher education; and
b
institutions conducted by them.
2
The instrument of government and the articles of government of each further education corporation and institution to which these Regulations apply shall be as set out in Schedules 1 and 2 respectively to these Regulations.
Emily M. Blatch
Minister of State,
Department for Education
6th August 1992
David Hunt
Secretary of State for Wales
6th August 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Tamworth Borough Council) Order 1992 and shall come into force on1st October 1992.
Amendment of 1991 Order
2
The Local Government Act 1988 (Defined Activities) (Exemptions) (England)( No. 3) Order 1991 is amended by the substitution, in the Table in article 3, of “1st August 1993” for “1st October 1992.”
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
7th September 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Calderdale Healthcare 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 Calderdale Healthcare 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 Calderdale Healthcare 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 Royal Halifax Infirmary, Free School Lane, Halifax, West Yorkshire HX1 2YP.
b
to manage community health services provided from Royal Halifax Infirmary, Free School Lane, Halifax, West Yorkshire HX1 2YP 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 Calderdale District Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Calderdale District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Calderdale District 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 interpretation
1
1
This Order may be cited as the Kent and Canterbury 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;
“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 Kent and Canterbury 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 Kent and Canterbury 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 —
a
to own and manage hospital accommodation and services provided at Kent and Canterbury Hospital, Canterbury, Kent CT1 3NG and associated hospitals;
b
to manage community health services provided from 43 New Dover Road, Canterbury, Kent CT1 3AT 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 Canterbury and Thanet 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 Canterbury and Thanet 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 Canterbury and Thanet 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
These Regulations may be cited as the Origin of Goods (Petroleum Products) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations, “the 1988 Regulations ” mean the Origin of Goods (Petroleum Products) Regulations 1988 .
3
The 1988 Regulations are hereby amended as follows:
a
for regulation 2, there shall be substituted the following:
2
These Regulations shall apply to determine the question whether goods of a description specified in Schedule 1 hereto are to be treated as originating in a country or territory specified in Schedule 2 hereto for the purposes of any preferential rate of, or exemption from, customs duties charged in accordance with section 5(1) and (2) of the European Communities Act 1972 , being cases where the question does not fall to be determined by Council Regulation ( EEC ) No. 3576/92 or by Commission Regulations (EEC) No. 693/88 , (EEC) No. 809/88 or (EEC) No. 343/92 as amended by Commission Regulation (EEC) No. 3660/92 .
;
b
the words “a country or territory specified in Schedule 2 hereto” shall be substituted for the words “a country” where they occur in the 1988 Regulations;
c
the words “that country or territory” shall be substituted for the words “that country” where they occur in the 1988 Regulations;
d
the words “or territory” shall be inserted after the words “any country” in regulation 3(3)(b);
e
the words “Schedule 1” shall be substituted for the words “the Schedule” where they occur in the 1988 regulations; and
f
the Schedule to these Regulations shall be inserted as Schedule 2 to the 1988 Regulations.
Tim Sainsbury
Minister for Industry on behalf of the Minister of Trade,
Department of Trade and Industry
23rd December 1992


text:
1
1
This Order may be cited as the Combined Probation Areas (Hereford and Worcester) Order 1992.
2
In this Order —
“ 1986 Order ” means the Combined Probation Areas Order 1986 ;
“abolished division” and “respective new division” have the meanings assigned to them in Part I of Schedule 3 to the Petty Sessional Divisions (Hereford and Worcester) Order 1992 .
2
This Order shall come into force on 1st January 1993 save that, except for the purpose of making appointments to the Hereford and Worcester Probation Committee to take effect on 1st April 1993, that part of article 3 of this Order which substitutes new numbers in column 3 of Schedule 2 to the 1986 Order shall come into force on 1st April 1993.
3
For the entry in Schedule 2 to the 1986 Order in respect of the Hereford and Worcester Probation Area there shall be substituted the following entry —
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Bromsgrove and Redditch Hereford and Worcester 2 Herefordshire 2 Severnminster 2 South Worcestershire 3
4
Until 31st March 1993, column 3 of the entry in Schedule 2 to the 1986 Order in respect of the Hereford and Worcester Probation Area shall have effect as if the number of justices specified in that column relating to the petty sessions areas of Bromsgrove and Redditch. Herefordshire, Severnminister and South Worcestershire was, respectively, 4, 6, 4 and 9.
5
The members of the Hereford and Worcester Probation Committee appointed before 1st January 1993 by the justices for each of the abolished divisions which then formed the Hereford and Worcester Probation Area shall continue in office until 31st March 1993 as if, in the case of each such appointment, appointed by the justices for the respective new division.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd December 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 23rd December 1992.
2
In this Order — —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“sea area” means a statistical sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition of fishing and exception
2
1
Subject to paragraph (2) below, fishing for sole (Solea solea) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th December 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
15th December 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
16th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Nottinghamshire Healthcare 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 Central Nottinghamshire Healthcare 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 Central Nottinghamshire Healthcare 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 Newark General Hospital, London Road, Newark-on-Trent, Nottinghamshire NG24 1TG and associated hospitals;
b
to manage community health services provided from Pine House, Ransom Hospital, Rainworth, Nr Mansfield, Nottinghamshire NG21 0ER 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 North Nottinghamshire 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 North Nottinghamshire 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 North Nottinghamshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 3) Order 1992.
2
1
The provisions of the Criminal Justice Act 1991 (“the 1991 Act ”) referred to in the left-hand column of Schedule 1 to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on 1st April 1992.
2
Subject to paragraphs (3) and (4) below, the provisions of the 1991 Act referred to in the left-hand column of Schedule 2 to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on 1st October 1992.
3
The coming into force of section 18(1) and (2) of the 1991 Act (fixing of certain fines by magistrates' courts by reference to units) shall not have effect for the purposes of any enactment, including any enactment made or passed after the date of making of this Order, the effect whereof is to empower or require the Crown Court to deal with a person before the court in like manner as a magistrates' court.
4
The coming into force of section 68 of the 1991 Act shall not have effect for the purpose of bringing into force paragraph 1(1) of Schedule 8 and, to the extent that it would otherwise apply to section 34 of the Children and Young Persons Act 1933 , sub-paragraph (3) of that paragraph.
5
The provisions of the 1991 Act referred to in the left-hand column of Schedule 3 to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on the day appointed by the Secretary of State by order under section 62(1) (secure accommodation: transitory provisions).
3
1
Subject to paragraphs (2) to (4) below, this Order extends to England and Wales only.
2
So far as relating to the following provisions of the 1991 Act, namely —
a
sections 16, 17(1) and (2) and 24; and
b
Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, paragraph 15 of Schedule 11 and, so far as relating to the Social Work (Scotland) Act 1968 , Schedule 13,
this Order also extends to Scotland.
3
So far as relating to section 23(2), and to Schedule 13 in so far as it relates to the Criminal Procedure (Scotland) Act 1975 , this Order extends to Scotland only.
4
So far as relating to the following provisions of the 1991 Act, namely, section 16, Schedule 3, paragraph 16 of Schedule 11 and, so far as relating to the Social Work (Scotland) Act 1968, Schedule 13, this Order also extends to Northern Ireland.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
21st February 1992


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1992.
2
The amount specified, which by virtue of section 5 of the Capital Gains Tax Act 1979 is, unless Parliament otherwise determines, the exempt amount for the year 1992–93, is £5,800.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 1992 and shall come into force on 1st September 1992.
2
The Dartford-Thurrock Crossing Regulations 1989 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 5(1) —
a
after the words “The driver of a vehicle” there shall be inserted “which is of a description set out in the first column of the table below”;
b
in sub-paragraph (a) for the words “a charge as set out in Part I of the table below” there shall be substituted “such charge as is set out in respect thereof in Part I of that table”;
c
in sub-paragraph (b) for the words “a charge as set out in Part II of the table below” there shall be substituted “such charge as is set out in respect thereof in Part II of that table”;
d
in the table there set out in the third column headed “Charge” —
i
for “£33” wherever it occurs there shall be substituted “£34”; and
ii
for “£150” wherever it occurs there shall be substituted “£157”.
4
In regulation 12(1) in the table there set out —
a
in column (1) headed “Minimum Charge” —
i
for “£46” there shall be substituted “£48”;
ii
for “£27” there shall be substituted “£28”; and
iii
for “£92” there shall be substituted “£96”;
b
in column (2) headed “Additional Charge” for “£30” there shall be substituted “£31”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
5th August 1992


text:
1
These Regulations may be cited as the Police Cadets (Amendment) Regulations 1992.
2
These Regulations shall come into force on 30th March 1992 and shall have effect for the purposes of regulation 3(a) and (b) as from 1st July 1991.
3
The Police Cadets Regulations 1979 shall be amended as follows:
a
in regulation 13 for the words “in Schedule 2 hereto” there shall be substituted the words —
a
in respect of the period beginning with 1st July 1991 and ending with 31st August 1991, in Part I of the Table in Schedule 2 hereto, and
b
in respect of the period thereafter, in Part II of the said Table
;
b
for the Table in Schedule 2 (scales of pay) there shall be substituted the following Table —
Table
Age London Provinces
Part I — Pay from 1st July 1991 to 31st August 1991 Under 17 years £4,809 a year £4,002 a year 17 years £5,052 a year £4,245 a year 18 years or over £5,532 a year £4,725 a year Part II — Pay from 1st September 1991 Under 17 years £5,040 a year £4,233 a year 17 years £5,298 a year £4,491 a year 18 years or over £5,805 a year £4,998 a year.
c
in paragraph 2 of Schedule 3 (charge for board and lodging) there shall be substituted for the words “£603” the words “£639” and for the words “£558” the words “£591”.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
17th February 1992