text:
Citation, commencement and extent
1
1
This Order may be cited as the Iraq (United Nations) (Sequestration of Assets) Order 1993 and shall come into force on 24th May 1993.
2
This Order shall extend, as part of the law thereof, to the United Kingdom only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings respectively assigned to them, that is to say —
“ the Bank ” means the Bank of England;
“the Banking Act ” means the Banking Act 1987 ;
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;
“competent authority” means any authority responsible for securing compliance with or detecting evasion of the resolution in any country;
“ ECUs ” means European Currency Units being units of account defined in Council Regulation ( EEC ) No. 3180/78 , as amended ;
“the escrow account” means the account provided for in the resolutions of the Security Council of the United Nations numbered 706 and 712 and adopted on15th August 1991 and on 19th September 1991 respectively;
“funds”means any currency and any amount denominated in ECUs and includes any right to receive currency in respect of any credit or balance at a bank;
“Iraqi person” means
the Government of Iraq;
any body which is capable of suing and being sued and the functions of which are carried on for the purposes of the Government of Iraq or subject to its direction or approval, but which is distinct from the executive organs of the Government of Iraq;
any body, wherever incorporated or constituted, which is controlled by the Government of Iraq; and
any person or body who is acting on behalf of any of the above-mentioned persons;
“the Insolvency Act ” means the Insolvency Act 1986 ;
“the Insolvency Order ” means the Insolvency (Northern Ireland) Order 1989 ;
“petroleum” means a naturally occurring mixture including hydrocarbons;
“petroleum products” means any products, other than chemicals, which may be obtained by primary distillation or secondary refining from petroleum and includes natural gas, petroleum ether, solvents, benzene, naphtha, motor spirits (including aviation spirit), kerosenes (including jet fuel), heavy oils, fuel oils, lubricating oils, greases, petroleum jelly, paraffin wax and asphaltic bitumen;
“relevant institution” means
the Bank;
any institution authorised by the Bank under the Banking Act;
any person specified in Schedule 2 to the Banking Act; and
any other person not authorised by the Bank under the Banking Act who may lawfully accept deposits in the United Kingdom in the course of carrying on a deposit-taking business for the purposes of the Banking Act;
“relevant transaction” means the sale of Iraqi petroleum or petroleum products, paid for by or on behalf of the purchaser on or after 6th August 1990;
“the resolution” means the resolution of the Security Council of the United Nations numbered 778 and adopted on 2nd October 1992;
“the Secretary General ” means the Secretary General of the United Nations;
“vehicle” means a land transport vehicle and includes a barge engaged in inland navigation;
“vessel” has the meaning it bears in the Export of Goods (Control) Order 1992 .
2
Any reference in this Order to funds being held by any person extends to funds held in any capacity recognised by the law of any part of the United Kingdom and any reference to funds to which an Iraqi person is entitled extends to funds to which such person is entitled under the law of any part of the United Kingdom but shall not extend to funds in relation to which the entitlement of such person is in issue in legal proceedings in any jurisdiction in the United Kingdom or in any other jurisdiction.
Obtaining of evidence and information
3
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Treasury, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order or of giving effect to a request received from the Secretary-General or the Government or competent authority of another country in accordance with paragraph 1(3) of the Schedule and in order to facilitate the obtaining, by or on behalf of the Secretary of State or the Treasury, of evidence of the commission of an offence under this Order.
Investigations by the Bank
4
1
In the exercise of the powers to obtain evidence and information described in the Schedule to this Order the Treasury may authorise the Bank to serve a notice in writing on a relevant institution requesting it to furnish to the Bank, within such period as may be specified therein, any information in its possession or control, and to produce to the Bank any document in its possession or control concerning any time on or after 6th August 1990 —
a
relating to any funds held by the relevant institution which it knows, believes or suspects are funds to which an Iraqi person is entitled; or
b
required to enable the Bank to ascertain whether funds held by it are funds to which an Iraqi person is entitled; or
c
relating to any funds held by the relevant institution to which an Iraqi person is entitled which it knows, believes or suspects represent amounts derived from or attributable to a relevant transaction; or
d
required to enable the Bank to ascertain whether any funds held by it to which an Iraqi person is entitled represent amounts derived from or otherwise attributable to a relevant transaction.
2
Without prejudice to the generality of the foregoing, a notice may request the furnishing of information or the production of documents concerning the balance on an account held with a relevant institution at any time on or after 6th August 1990, any transactions on the account on or after 6th August 1990 and the names of the drawers and holders of cheques in respect of monies credited to and debited from the account together with the names of the paying or collecting institutions, the numbers of the relevant accounts in other institutions to or from which payments have been credited or debited and the names of the persons by whom such accounts are held.
3
A notice may be given under paragraph (1) to relevant institutions individually or to particular classes of relevant institutions.
Investigations by the Secretary of State
5
In the exercise of the powers to obtain evidence and information described in the Schedule to this Order the Secretary of State may serve a notice in writing on any person requesting him to furnish to the Secretary of State any information in his possession or control or to produce to the Secretary of State any document in his possession or control within such period as may be specified therein —
a
concerning any petroleum or petroleum products which that person knows, believes or suspects to be held in the United Kingdom by an Iraqi person, or to which an Iraqi person is entitled; or
b
required to enable the Secretary of State to ascertain whether any petroleum is or petroleum products are held in the United Kingdom by an Iraqi person, or whether an Iraqi person is entitled to any such petroleum or petroleum products.
Ascertainment by the Treasury of Entitlement to Funds
6
1
Where the Treasury consider, after consultation with the Bank, that a relevant institution other than the Bank holds funds to which an Iraqi person is entitled representing amounts which may be derived from or otherwise attributable to a relevant transaction they may require the Bank —
a
by notice in writing to invite that institution and, if different, the Iraqi person, to make representations to the Bank in writing concerning the entitlement to or the source of the funds within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and to state that, if the institution or person so requests, it or he shall be afforded an opportunity of being heard by the Bank; and
b
to publish a notice in the London, Edinburgh and Belfast Gazettes inviting any person who disputes the Iraqi person’s entitlement to the funds to make representations to the Bank in writing concerning the entitlement of any person to the funds within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded the opportunity of being heard by the Bank.
2
Where the Treasury consider that the Bank or any person who is not a relevant institution holds funds to which an Iraqi person is entitled representing amounts which may be derived from or otherwise attributable to a relevant transaction they may —
a
by notice in writing invite the Bank or any such person who is not a relevant institution and the Iraqi person to make representations to them in writing concerning the entitlement to or the source of the funds within such period of not less than 21 days beginning with the day on which the notice is given as may be specified in the notice and state that, if the Bank or any other person so requests, it or he shall be afforded an opportunity of being heard by the Treasury; and
b
publish a notice in the London, Edinburgh and Belfast Gazettes inviting any person who disputes the Iraqi person’s entitlement to the funds to make representations to them in writing concerning the entitlement to the funds within such period of not less than 21 days beginning with the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded the opportunity of being heard by the Treasury.
3
After considering any representations made by any relevant institution or person in writing and any evidence submitted before or given at a hearing following the giving of notice under paragraph (1) the Bank shall provide the Treasury with copies of such representations, a record of the evidence submitted before or given at the hearing and its assessment of whether a relevant institution holds funds to which an Iraqi person is entitled representing amounts which are derived from or otherwise attributable to a relevant transaction.
Ascertainment by the Secretary of State of Entitlement to Petroleum and Petroleum Products
7
Where the Secretary of State considers that petroleum or petroleum products to which an Iraqi person is entitled is or are held in the United Kingdom he may —
a
by notice in writing invite the person holding the petroleum or petroleum products, and, if different, the Iraqi person, to make representations to him in writing concerning the entitlement of any person to the petroleum or petroleum products within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the person so requests, he shall be afforded an opportunity of being heard by the Secretary of State; and
b
publish a notice in the London, Edinburgh and Belfast Gazettes inviting any person who disputes the Iraqi person’s entitlement to the petroleum or petroleum products to make representations in writing to him concerning the entitlement of any person to it or them within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Secretary of State.
Ascertainment by the Treasury of Third Party Rights
8
1
Where the Treasury are satisfied that funds to which an Iraqi person is entitled held by a relevant institution represent amounts which are derived from or otherwise attributable to a relevant transaction they may, for the purpose of ascertaining whether such funds may be subject to or required to satisfy the rights of a third party at the time of the adoption of the resolution, require the Bank to publish a notice in the London, Edinburgh and Belfast Gazettes inviting any person who considers that the funds or any part thereof are subject to or required to satisfy such rights to make representations in writing to it within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Bank.
2
Where the Treasury are satisfied that funds held by the Bank or by any person who is not a relevant institution to which an Iraqi person is entitled represent amounts which are derived from or otherwise attributable to a relevant transaction they may, for the purpose of ascertaining whether such funds may be subject to or required to satisfy the rights of a third party at the time of the adoption of the resolution, publish a notice in the London, Edinburgh and Belfast Gazettes inviting any person who considers that the funds or any part thereof are subject to or required to satisfy such rights to make representations in writing to them within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Treasury.
3
No notice shall be given under paragraph (1) or (2) until the Treasury have notified their decision under article 15(1) to the relevant institution or to any other person holding funds to which the decision applies and to any other person who made representations to the Bank or the Treasury under article 6(1) or (2).
4
Following consideration of any representations made by any person in writing and any evidence submitted before or given at a hearing following the giving of notice under paragraph (1), the Bank shall provide the Treasury with copies of such representations, a record of the evidence submitted before or given at the hearing and its assessment of whether any funds described in paragraph (1) may be subject to or required to satisfy the rights of any third party at the time of the adoption of the resolution.
Ascertainment by the Secretary of State of Third Party Rights
9
1
Where the Secretary of State is satisfied that an Iraqi person is entitled to petroleum or petroleum products in the United Kingdom he may, for the purpose of ascertaining whether such petroleum or petroleum products may be subject to or required to satisfy the rights of a third party at the time of the adoption of the resolution, publish a notice in the London, Edinburgh and Belfast Gazettes inviting any person who considers that the petroleum or petroleum products or any part thereof is or are subject to or required to satisfy his rights to make representations in writing to him within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the Secretary of State.
2
No notice shall be given under paragraph (1) until the Secretary of State has notified his decision under article 16(1) to any person holding petroleum or petroleum products to which the decision applies and to any other person who has made representations to the Secretary of State under article 7.
Scope of Third Party Rights
10
1
For the purposes of this Order and without prejudice to the existence of third party rights in other circumstances, but subject as provided in paragraph (2) —
a
a person claiming to be a creditor of a company which is an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled —
i
by virtue of having proved a debt or, in Scotland, submitted a claim after the company has passed a resolution for voluntary winding-up as described in section 84 of the Insolvency Act or article 70 of the Insolvency Order; or
ii
by virtue of having proved a debt or, in Scotland, having submitted a claim after a winding-up order has been made in respect of the company under section 125 of the Insolvency Act or article 105 of the Insolvency Order; or
iii
where a provisional liquidator has been appointed in respect of the company under section 135 of the Insolvency Act or article 115 of the Insolvency Order, by virtue of being a person who would have been eligible to prove a debt or, in Scotland, to submit a claim had the company passed a resolution for voluntary winding-up as described in sub-paragraph (a)(i) or had a winding-up order made against it as described in sub-paragraph (a)(ii) on the date when the provisional liquidator was appointed; or
b
a person claiming to be a creditor of a partnership which is an Iraqi person and is the subject of a winding-up order against it under any provision of the Insolvency Act as applied by an order made under section 420 of that Act or is the subject of a winding-up order against it under any provision of the Insolvency Order as applied by an order made under article 364 of that Order or, in Scotland, has had an award of sequestration made against its estate under section 12 of the Bankruptcy (Scotland) Act 1985 or is the subject of a winding-up order under section 92 of the Banking Act shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled by virtue of having proved a debt or, in Scotland, submitted a claim after the order or award was made; or
c
a person claiming to be a creditor of an Iraqi person shall be deemed to have established a right as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled by virtue of having proved a debt after a bankruptcy order has been made in respect of that person under section 264 of the Insolvency Act or article 238 of the Insolvency Order, or, in Scotland, by virtue of having submitted a claim after an award of sequestration has been made under section 12 of the Bankruptcy (Scotland) Act 1985.
2
Where the Treasury have or the Secretary of State has reason to believe or to suspect that, notwithstanding the application of one of the conditions described in paragraph (1), a person claiming to be the creditor of an Iraqi person does not or may not have rights as a third party to funds or to petroleum or petroleum products to which that Iraqi person is entitled they or he shall examine all the relevant facts before reaching a conclusion on the existence of third party rights in the circumstances.
3
A person shall not be treated as having rights as a third party to funds or to petroleum or petroleum products unless —
a
his rights are contingent on an Iraqi person’s entitlement to the funds, or as the case may be, to the petroleum or petroleum products; and
b
he is not an Iraqi person.
Date and Notification of Hearings
11
1
The Bank, the Treasury or the Secretary of State, as the case may be, shall give no less than 28 days' notice to any person who has requested a hearing following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1) of the date, time and place fixed for the hearing unless such a person agrees to a lesser period of notice being given.
2
The Bank, the Treasury or the Secretary of State may vary the date, time and place fixed for the hearing and shall give such notice of any such variations as appears to it, them or him to be reasonable.
Documents and Other Evidence
12
1
A person intending to appear at a hearing following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1) shall send a copy of any documents to which he proposes to refer at the hearing and any proof of evidence which he proposes to read or have read by a witness at the hearing to the Bank, the Treasury or the Secretary of State, as the case may be, not later than 14 days before the date fixed for the hearing.
2
The Bank, the Treasury or the Secretary of State, as the case may be, shall send a copy of any document or proof of evidence received from a person intending to appear at a hearing to such other persons intending to appear at a hearing as in its, their or his view have an interest in the contents thereof.
Procedure at Hearings
13
1
A hearing following the giving of notice under article 6(1) or (2), article 7,article 8(1) or (2) or article 9(1) shall be conducted by the Bank, the Treasury or the Secretary of State, as the case may be, who shall, subject as provided in this article, determine the procedure at the hearing.
2
A hearing shall be conducted in private.
3
The Bank, the Treasury or the Secretary of State, as the case may be, may hold a single hearing following the giving of notice under article 6(1) or (2) or article 7 or, if relevant, under article 8(1) or (2) or article 9(1) in relation to all the issues arising in connection with particular funds or petroleum or petroleum products or may hold separate hearings at which specific persons or classes of person concerned with particular funds or petroleum or petroleum products may appear.
4
At a hearing a person may appear on his own behalf or be represented by counsel, a solicitor or any other person, and may give or produce oral and written evidence and may cross-examine any other person appearing at the same hearing and any witnesses produced by any such person.
5
The Bank, the Treasury or the Secretary of State, as the case may be, may take into account any document or any other written evidence received by it, them or him from any person intending to appear at a hearing before a hearing is held or during the hearing provided that it, they or he disclose it to such other persons intending to appear at or appearing at the hearing as in its, their or his view have an interest in the contents thereof.
6
The Bank, the Treasury or the Secretary of State, as the case may be, may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
Procedure following Hearings and Assessments
14
1
If, following the receipt by the Treasury from the Bank of the evidence and assessment referred to in articles 6(3) and 8(4) the Treasury —
a
differ from the Bank on any matter of fact mentioned in, or appearing to them to be material to, an assessment made by the Bank, or
b
take into consideration any new evidence or new matter of fact,
and are for that reason disposed to disagree with an assessment made by the Bank, they shall not reach a decision which is at variance with that assessment without first notifying the persons who made written representations or who appeared at a hearing following the giving of notice under article 6(1) or 8(1) of their disagreement and the reasons for it, and affording to them an opportunity of making written representations to the Treasury within 21 days beginning on the date of the notification, or (if the Treasury have taken into consideration any new evidence or new matter of fact) of asking within that period for a hearing or a further hearing, as the case may be, to be held.
2
The Treasury shall require the Bank to cause a hearing or a further hearing to be held where the Treasury have taken into consideration any new evidence or new matter of fact and are for that reason disposed to disagree with an assessment made by the Bank if so asked by a person who made written representations or who appeared at a hearing as described in paragraph (1); and where a hearing or a further hearing is held the Treasury shall require the Bank to send to such persons a written statement of the matters with respect to which further evidence is invited.
3
Where a hearing has been held following the giving of notice under article 6(1) or (2), article 7, article 8(1) or (2) or article 9(1), the Treasury or the Secretary of State may, if they or he think fit, cause or require a further hearing to be held to afford an opportunity for persons to be heard on such matters relating to the subject matter of the hearing as they or he may specify.
4
Where a further hearing is held under paragraph (3), the Treasury or the Secretary of State shall send, or in the case of a hearing held by the Bank, the Treasury shall require the Bank to send to the persons who made written representations or appeared at the previous hearing following the giving of notice as described in paragraph (3) a written statement of the specified matters.
5
Where a further hearing is held under paragraph (2) or (3), articles 6(3), 8(4), 11, 12 and 13 shall apply as if the references to a hearing were references to a further hearing.
Decisions and Directions by the Treasury
15
1
The Treasury shall notify any relevant institution or other person and any other person who made representations or gave evidence to the Bank or to them following the giving of notice under article 6(1) or (2) whether they are satisfied that the institution or other person holds funds to which an Iraqi person is entitled representing amounts derived from or otherwise attributable to a relevant transaction and of the reasons for their decision.
2
Subject to paragraph (3), where the Treasury are satisfied that a relevant institution or other person holds funds as described in paragraph (1), the Treasury may direct it or him to remit the funds or equivalent amounts to the escrow account within such period and in such manner as may be specified.
3
A direction by the Treasury under paragraph (2) shall not extend to any funds to which an Iraqi person is, or where sub-paragraph (a) below applies was, entitled representing amounts which the Treasury are satisfied were derived from or otherwise attributable to a relevant transaction and which they are satisfied —
a
had been paid to any person as the supplier of products which were the subject of a relevant transaction or to a person otherwise having a right to receive them at the time of adoption of the resolution; or
b
were subject to or required to satisfy the rights of any third party at the time of adoption of the resolution.
4
The Treasury shall notify any person who made representations or gave evidence to the Bank or to them following the giving of notice under article 8(1) or (2) whether they are satisfied that funds to which an Iraqi person is entitled representing amounts derived from or otherwise attributable to a relevant transaction are subject to or required to satisfy any rights of a third party at the time of the adoption of the resolution and of their reasons for their decision.
5
A direction by the Treasury under paragraph (2) may be given at the time of notification of their decision under paragraph (1) or at the time of or following notification of their decision under paragraph (4).
6
Where the Treasury are satisfied that funds in an account held with a relevant institution to which an Iraqi person is entitled include amounts derived from or otherwise attributable to a relevant transaction, and that funds have been withdrawn from the account between the date of the relevant transaction and the date of the decision under paragraph (2) with permission granted by or on behalf of the Treasury under the Control of Gold, Securities, Payments and Credits (Republic of Iraq) Directions 1990 , they may give a direction in relation to such a proportion of the funds remaining in the account as is equivalent to the proportion which the funds derived from or otherwise attributable to a relevant transaction bore to the total funds in the account immediately before the date of the withdrawal or, if more than one, the first withdrawal.
Decisions and Directions by the Secretary of State
16
1
The Secretary of State shall notify any person holding petroleum or petroleum products and any other person who made representations or gave evidence to him following the giving of notice under article 7 whether he is satisfied that an Iraqi person is entitled to it or them and of the reasons for his decision.
2
Subject to paragraph (3), where the Secretary of State is satisfied that an Iraqi person is entitled to petroleum or petroleum products in the United Kingdom he may direct the person holding it or them to sell the petroleum or petroleum products and to remitthe proceeds of sale to the escrow account within such period and in such manner as the Secretary of State may specify.
3
A direction by the Secretary of State under paragraph (2) shall not extend to any petroleum or petroleum products in the United Kingdom to which an Iraqi person is entitled which the Secretary of State is satisfied was or were subject to or required to satisfy the rights of any third party at the time of adoption of the resolution.
4
The Secretary of State shall notify any person who made representations or gave evidence to him following the giving of notice under article 9(1) whether he is satisfied that petroleum or petroleum products in the United Kingdom to which an Iraqi person is entitled are subject to or required to satisfy any third party rights at the time of the adoption of the resolution and of his reasons for the decision.
5
A direction by the Secretary of State under paragraph (2) may be given at the time of notification of his decision under paragraph (1) or at the time of or following notification of his decision under paragraph (4).
Disclosure of Assessments and Reasons for Decisions
17
1
The Treasury shall not be required to give reasons for their conclusions under article 14(1), and the Treasury and the Secretary of State shall not be required to give reasons for their or his decisions under article 15(1) or (4) or under article 16(1) or (4), to the extent that to do so would involve the disclosure of information obtained under the Schedule to this Order contrary to the provisions of the Schedule.
2
The Treasury shall not be required to give reasons for their conclusions under article 14(1), and the Treasury and the Secretary of State shall not be required to give reasons for their or his decisions under article 15(1) or 16(1), to the extent that to do so would in their or his opinion be likely to cause damage to national security.
3
Where the Bank has so consented, the Treasury may —
a
in giving reasons for their decision under article 15(1) disclose extracts from or the entirety of the Bank’s assessment obtained under article 6(3); and
b
in giving reasons for their decision under article 16(4) disclose extracts from or the entirety of the Bank’s assessment obtained under article 8(5).
4
No assessment obtained from the Bank under article 6(3) shall be disclosed by the Treasury when notifying a decision under article 15(4).
Compliance with Directions
18
1
A relevant institution or any other person to whom a direction has been given under article 15(2) or article 16(2) shall, within 7 days of the expiry of the period specified for compliance or of the date of compliance, if earlier, notify the Treasury and the Bank, or, as the case may be, the Secretary of State, in writing of having complied with the direction and shall provide the Treasury and the Bank or the Secretary of State with such evidence of compliance as they or he may require within 7 days of being required to provide it.
2
Where a person has not complied with a direction under article 16(2) within the period specified for compliance, the Secretary of State may direct that person to deliverthe petroleum or petroleum products, to which the direction under article 16(2) related, to the Secretary of State at such time and in such manner as he may specify.
3
On delivery to him of the petroleum or petroleum products pursuant to a direction under paragraph (2) the Secretary of State may sell it or them at such time and in such manner as he thinks fit and may remit the proceeds of sale to the escrow account.
4
A relevant institution or other person to whom a direction has been given under article 15(2) or article 16(2) may deduct from the amount transferred to the escrow account such sum in respect of its or his costs in complying with the direction as the Treasury, or, as the case may be, the Secretary of State may before the date of the transfer certify as appropriate.
Maintenance of Accounts and Preservation of Existing Rights
19
1
A person who holds an account at a relevant institution, and a relevant institution with which an account is held from which a transfer of an amount has been made pursuant to a direction of the Treasury under article 15, shall not close the account pending any retransfer of the amount transferred or any part of it under article 20.
2
Any costs or expenses which may be incurred consequent on the continuing operation of the account pursuant to paragraph (1) shall be the liability of the person by whom the account is held unless the relevant institution agrees otherwise with such person.
3
Notwithstanding the foregoing, a relevant institution may restrict access to an account described in paragraph (1) to any lawful extent.
4
Nothing in this Order shall affect any rights, liabilities or claims existing with respect to amounts transferred to the escrow account under article 15 or 16 prior to the date of their transfer.
Restitution
20
1
If the Secretary General at any time pursuant to the resolution remits an amount representing the amount of any payment into the escrow account under article 15 or 16, together with any interest which may be determined to be applicable, to the Government of the United Kingdom, the Secretary of State or the Treasury shall take such measures as may be necessary to arrange for the amount to be transferred forthwith to any relevant institution by which, or to any person by whom, an amount was remitted to the escrow account to replace any such amount.
2
The Secretary of State or the Treasury may apportion any amount remitted by the Secretary General as described in paragraph (1) which does not represent the total of any payments into the escrow account under article 15 or 16 as he or they consider appropriate between relevant institutions and other persons by whom amounts have been remitted.
3
The Secretary of State or the Treasury may pay to any person described inparagraph (4) any amount remitted by the Secretary General as described in paragraph (1) which he or they consider appropriate to transfer to a relevant institution or other person by which or by whom an amount was remitted to the escrow account, where the relevant institution or other person —
i
has gone into liquidation as described in section 247 of the Insolvency Act or article 6 of the Insolvency Order; or
ii
is the subject of an order under section 135 of the Insolvency Act or article 105 of the Insolvency Order appointing a provisional liquidator; or
iii
is the subject of an administration order under section 8 of the Insolvency Act or article 21 of the Insolvency Order; or
iv
is a partnership in England and Wales or in Northern Ireland which has been dissolved by order under section 35 of the Partnership Act 1890 or has had a winding-up order made against it under any provision of the Insolvency Act as applied by an order made under section 420 of that Act or is the subject of a winding-up order made against it under any provision of the Insolvency Order as applied by an order made under Article 364 of the Insolvency Order; or is a partnership in Scotland which has had an award of sequestration on the estate of the partnership made against it or a winding-up order made against it under section 92 of the Banking Act or is a dissolved partnership, or is a partnership in Northern Ireland which has had an order of adjudication of bankruptcy made against any of the partners; or
v
is the subject of a bankruptcy order under section 264 of the Insolvency Act or article 238 of the Insolvency Order or has had an award of sequestration made against him under section 12 of the Bankruptcy (Scotland) Act 1985 ; or
vi
has otherwise ceased to exist; or
vii
is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 of managing and administering his property and affairs or, in Scotland, is incapax; or
viii
has died; or
ix
has ceased to exercise the functions by virtue of which he or it held the funds subject to a direction under articles 15(2) or 16(2); or
x
cannot be traced.
4
Where paragraph (3) applies, the Secretary of State or the Treasury may pay any relevant amount to a person who appears to him or them to be —
a
the person responsible for administering the assets and liabilities of the relevant institution or person; or
b
the person to whom probate or letters of administration have been granted by a court in England and Wales or Northern Ireland or in respect of whom they have effect as if so granted or, in Scotland, the person who has been confirmed as the executor of the estate, or who is otherwise intromitting with the estate; or
c
a person entitled to take out probate of the will of a deceased person or letters of administration to his estate; or
d
the successor of the relevant institution or person; or
e
the person appointed to act on behalf of the person from whom an amount was transferred pursuant to a direction under article 15(2) or article 16(2).
5
Where the Secretary of State or the Treasury decide that there is no person of a description in paragraph (4) he or they shall deposit the relevant amount including any interest in an interest-bearing account at the Bank and may release that amount or any part of it together with any interest accruing from the date of deposit with the Bank to any Iraqi person or any other person who establishes to the satisfaction of the Secretary of State or of the Treasury that he is entitled to receive it and the receipt of such a person shall be valid discharge to the Secretary of State or to the Treasury for the amount paid.
6
Where any amounts are paid to a relevant institution or to any other person by the Secretary General pursuant to the resolution, or are so paid by the Secretary of State or by the Treasury under paragraph (1), (4) or (5), they shall be treated for all purposes as subject to any rights, liabilities and claims subsisting at the date of the transfer under article 15 or 16.
7
An amount transferred under this article to a relevant institution or to any person shall not be subject to interest in respect of any period between the date of the transfer under article 15 or 16 and —
a
the date of the transfer under paragraph (1) to the relevant institution by which, or to the person by whom, an amount was remitted to the escrow account; or
b
the date of any payment under paragraph (4); or
c
the date on which an amount is deposited by the Secretary of State or the Treasury in an interest-bearing account at the Bank under paragraph (5) following a decision that there is no person of a description in paragraph (4).
Disapplication of Existing Obligations and Restrictions and Exclusion of Liability
21
1
Any requirement imposed on a relevant institution or any other person under this Order shall have effect notwithstanding —
a
any obligation as to secrecy or other restriction, whether imposed by statute or otherwise, upon the disclosure of information subject to or affected by the requirements imposed under this Order except as provided in paragraph 1(2) of the Schedule to this Order; and
b
any obligation, restriction or immunity, whether imposed or conferred by statute or otherwise, in relation to any property subject to or affected by the requirements imposed under this Order.
2
No relevant institution or other person shall be liable in respect of any action taken pursuant to powers conferred by this Order or in compliance with duties imposed under it.
Offences, Penalties and Proceedings
22
1
Any person who fails without reasonable excuse to comply with a direction given to him under article 15(2) or article 16(2) within the period and in the manner specified therein or who fails without reasonable excuse to comply with a direction given to him under article 18(2) at the time and in the manner specified shall be guilty of an offence and shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding five years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under paragraph 6(b) or (d) of the Schedule to this Order shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
3
Any person who fails without reasonable excuse to notify the Treasury and the Bank or, as the case may be, the Secretary of State, of compliance with a direction under article 15(2) or 16(2) or to provide the evidence of compliance required by them or him under article 18(1) shall be guilty of an offence and shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum.
4
Any person guilty of an offence under paragraph 6(a) or (c) of the Schedule to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5
Any person who without reasonable excuse deducts from an amount transferred to the escrow account in compliance with a direction given to him under article 15(2) or article 16(2) any sum which has not been certified by the Treasury or the Secretary of State under article 18(4) as being properly deductible shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Any person who without reasonable excuse closes an account described in article 19(1) pending a transfer under article 20 of the amount remitted or any part of it shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 , a summary offence may be tried by a magistrates' court in England and Wales, if an information is laid at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
9
Notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975 , summary proceedings in Scotland for an offence under this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of 3 years from the commission of the offence.
10
Notwithstanding anything in Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 , summary proceedings for an offence under this Order in Northern Ireland may be instituted at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
11
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate (as the case may be) as to the date on which such evidence as is referred to in paragraphs (7), (8), (9) and (10) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
12
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
13
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
14
In Northern Ireland, paragraph (2) of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
15
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General, or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of Powers of the Secretary of State or of the Treasury
23
The Secretary of State or the Treasury may to such extent, and subject to such restrictions and conditions as he or they may think proper, delegate or authorise the delegation of any of his or their powers under this Order (other than the power to give authority under the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or them, and references in this Order to the Secretary of State or the Treasury shall be construed accordingly.
N. H. Nicholls
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
The Education (Grant-maintained Schools) (Finance) Regulations 1993 shall be amended as follows: —
a
In regulation 5(3)(b) for the words “regulation 17(1)”and “regulation 17(2)”in each case there shall be substituted the words “regulation 15(2)”; and
b
in paragraph 5(2)(b) of Schedule 1, for the words “paragraph (3)”there shall be substituted the words “sub-paragraph (3)”.
John Patten
Secretary of State for Education
23rd March 1993


text:
1
This Order may be cited as the Gipsy Encampments (City of Hereford) Order 1993 and shall come into force on 16th June 1993.
2
The area of the City of Hereford is designated as an area to which section 10 of the Caravan Sites Act 1968 (prohibition of unauthorised camping in designated areas) applies.
Michael Howard
One of Her Majesty’s Principal Secretaries of State,
Department of the Environment
18th May 1993


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order–
“Cheshire” means the county of Cheshire, and any reference to Halton is a reference to the Cheshire borough of that name;
“electoral division” means an electoral division of Cheshire ;
“the map” means one of the 6 maps prepared by the Department of the Environment, marked “Maps of the Cheshire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Merseyside” means the metropolitan county of Merseyside, “Liverpool” means the city of Liverpool in that county, and “Sefton” means the metropolitan borough of Sefton in that county;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the borough, city or metropolitan borough from or to which an area is transferred .
Transfers from Merseyside (Liverpool) to Cheshire (Halton)
3
The following unparished areas of Merseyside, and of Liverpool, which are shown on map 1–
a
the part of the Speke ward marked A; and
b
the part of the St. Mary’s ward marked B–
shall be transferred to Cheshire, to Halton, to the parish and ward of Hale, to the Oakfield electoral division, and to the Halton petty sessional division and the Cheshire coroner’s district.
Transfers within Merseyside between Liverpool and Sefton
4
1
Each unparished area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Liverpool, and from the ward named in column 3 to Sefton, to the parish (if any) and the ward named in column 4, and to the South Sefton petty sessional division and the Knowsley, St. Helens and Sefton coroner’s district.
TABLE
1. 2. 3. 4. Area marked– On map– Transferred from Liverpool, and from the following ward– To Sefton, and to–
A & B 5 Fazakerley
Parish of Aintree
Molyneux ward
B 3 Melrose Derby ward A & C 2 Vauxhall Linacre ward E & F 6 Warbreck
Parish of Aintree
Molyneux ward
B 4 Warbreck Derby ward B 6 Warbreck Orrell ward
2
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Sefton, and from the parish (or, where unparished, the ward) named in column 3 to Liverpool, to the ward named in column 4, and to the Liverpool Metropolitan District petty sessional division and the Liverpool coroner’s district, remaining or becoming unparished. TABLE
1. 2. 3. 4. Area marked– On map– Transferred from Sefton, and from– To Liverpool, and to the following ward–
C 5 Parish of Aintree Fazakerley D & G 6 Parish of Aintree Warbreck A & C 3 Derby ward Melrose A 4 Derby ward Warbreck B & D 2 Linacre ward Vauxhall A & C 6 Orrell ward Warbreck
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
23rd February 1993


text:
1
These Regulations may be cited as the Airports Slot Allocation (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
In regulation 2(1) of the Airports Slot Allocation Regulations 1993 , in the definition of “the Council Regulation”, after the word “airports” there shall be inserted the words “(as that Regulation has effect in accordance with Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation) ”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
6th December 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Government) (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Government) Regulations 1989 .
Amendment of principal Regulations
2
In paragraph (4) of regulation 5 of the principal Regulations —
a
the word “or” at the end of sub-paragraph (a) shall be deleted;
b
the word “or” shall be inserted after the word “officio;” in sub-paragraph (b); and
c
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
c
is a governor of a school by virtue of his having been appointed under section 214(1) or (5) of the Education Act 1993 ;
3
In regulation 9 of the principal Regulations —
a
In paragraph (3) —
i
the word “or” at the end of sub-paragraph (b) shall be deleted;
ii
for the full stop at the end of sub-paragraph (c) there shall be substituted the words “; or”; and
iii
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
in the case of the chairman, he is removed from office in accordance with paragraph (3A) below.
.
b
After paragraph (3) there shall be inserted the following paragraph —
3A
a
The governing body may remove the chairman from office in accordance with the provisions of this paragraph.
b
A resolution to remove the chairman from office which is passed at a meeting of the governing body shall not have effect unless —
i
it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting; and
ii
the matter of the chairman’s removal from office is specified as an item of business in the agenda for each of those meetings.
c
Where a governing body includes a member appointed under section 214(1) or (5) of the Education Act 1993 , sub-paragraph (d) below shall apply instead of sub-paragraph (b) above.
d
A resolution to remove the chairman from office which is passed at a meeting of the governing body shall not have effect unless the matter of the chairman’s removal from office is specified as an item of business in the agenda for that meeting.
e
Before the governing body vote at the relevant meeting on whether to remove the chairman from office, the governor proposing his removal shall at that meeting state his reasons for so doing and the chairman shall be given an opportunity to make a statement in response.
f
In sub-paragraph (e), the reference to the relevant meeting is —
i
in any case to which sub-paragraph (b) applies, to the second meeting held to consider the chairman’s removal; and
ii
in any case to which sub-paragraph (d) applies, to any meeting held to consider the chairman’s removal from office.
g
The proviso to paragraph (2) of regulation 19 shall not apply in relation to any meeting referred to in this paragraph.
.
4
In regulation 13 of the principal Regulations —
a
In paragraph (3) —
i
the word “or”at the end of sub-paragraph (c) shall be deleted;
ii
the word “or” shall be inserted after the word “26;” in sub-paragraph (d) and
iii
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
e
subject to paragraph (4), removing or confirming the removal of the chairman from office in accordance with paragraph (3A) of regulation 9.
.
b
After paragraph (3) there shall be inserted the following paragraph —
4
In any case to which paragraph (3A)(c) of regulation 9 applies sub-paragraph (3)(e) shall have effect as if the reference to two-thirds were a reference to one-half.
.
5
In regulation 14 of the principal Regulations after paragraph (1) there shall be inserted the following paragraph —
1A
Where the question is as to whether a ballot of parents should be held on the question of whether grant-maintained status should be sought for the school, it shall be determined by way of a vote involving the marking in secret of a voting paper by each member present and voting.
.
6
In regulation 19 of the principal Regulations —
a
in paragraph (2) after the words “Provided that” there shall be inserted the words “, subject to paragraph (2A),”; and
b
after paragraph (2) there shall be inserted the following paragraph —
2A
A meeting of the governing body of a school shall not consider whether a ballot of parents should be held on the question of whether grant-maintained status should be sought for the school unless consideration of that question is a specific item of business on the agenda for the meeting, and in relation to any such meeting, the proviso to paragraph (2) above shall not apply.
.
John Patten
Secretary of State for Education
6th December 1993
John Redwood
Secretary of State for Wales
9th December 1993


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Enforcement of Judgments under the Civil Jurisdiction and Judgments Act 1982) (Authentic Instruments and Court Settlements) 1993 and shall come into force on 25th October 1993.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Act of Sederunt (Enforcement of Judgments under the Civil Jurisdiction and Judgments Act 1982) 1986
2
1
The Act of Sederunt (Enforcement of Judgments under the Civil Jurisdiction and Judgments Act 1982) 1986 shall be amended in accordance with the following sub-paragraphs.
2
In paragraph 2 (interpretation), in sub-paragraph (1), after the definition of “the 1982 Act” insert the following definitions:–
“the 1968 Convention” and “the Lugano Convention” have the meanings respectively assigned in section 1 of the 1982 Act;
“authentic instrument” means an instrument referred to in Articles 50 or 51 of the 1968 Convention and the Lugano Convention;
“court settlement” means a settlement referred to in Article 51 of the 1968 Convention and the Lugano Convention; and
.
3
In paragraph 5 (enforcement of sheriff court interlocutors and decrees in another Contracting State), for the words “rule 10 or 12 of the Ordinary Cause Rules”, substitute the words “rule 5.4 or 5.5 of the Ordinary Cause Rules ”.
4
In paragraph 6(9) (recognition and enforcement in Scotland of foreign maintenance orders), for the words “rule 10 or 15 of the Ordinary Cause Rules”, substitute the words “or rule 5.3 or 5.4 of the Ordinary Cause Rules”.
5
After paragraph 6, insert the following paragraph:–
6A
–
1
Paragraphs 5 and 6 shall apply to the recognition and enforcement of an authentic instrument or court settlement as they apply to the recognition and enforcement of a judgment under the 1982 Act, but with such modifications as circumstances may require.
2
Where paragraph 5 applies in relation to an authentic instrument, an application under section 12 of the 1982 Act shall be made, in writing, to the sheriff clerk for–
a
a certificate in Form 3A; and
b
a certified copy of the authentic instrument.
.
6
In the Schedule, after Form 3 insert Form 3A in the Schedule to this Act of Sederunt.
J.A.D. Hope
Lord President, IPD
Edinburgh,
24th September 1993


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Further Education Institutions Information) (England) Regulations 1993 and shall come into force on 1st September 1993.
2
These Regulations apply in relation to institutions within the further education sector in England.
Interpretation
2
1
In these Regulations–
“academic year” means the period from 1st September to the following 31st August;
“enrolled on a course” means entered in the records of an institution as a student taking that course, but where two institutions have so entered a student in respect of the same course he shall be considered to be enrolled at the institution which has undertaken to him to provide the course and not to be enrolled at the institution which has undertaken to the other institution to provide the course;
“full-time student” in relation to any examination or qualification means a student who was enrolled on a course leading to that examination or qualification at the institution in respect of which the information is published at any time during the academic year in respect of which the information is published if the course was–
a full-time course; or
a course which was part of a full-time course of studies at that institution;
“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” mean General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means General National Vocational Qualification;
“ NVQ ” means National Vocational Qualification;
“part-time student” in relation to any examination or qualification means a student who was enrolled on a course leading to that examination or qualification at the institution in respect of which the information is published at any time during the academic year in respect of which the information is published but who was not a full-time student in relation to that examination or qualification;
2
In these Regulations references to students of a particular age are references to students who attained that age during the academic year immediately preceding the academic year in respect of which the information is published.
3
For the purposes of these Regulations a student shall be considered to have been entered for an examination if–
a
at any time during the academic year in respect of which the information is published he was entered for the examination,
b
any examination fee payable was paid, and
c
the entry was not subsequently withdrawn.
4
For the purposes of these Regulations a student shall be considered to have been in his final year of studying towards a qualification if the governing body of the institution considered on whichever is the later of the following two dates that he was in his final year–
a
the 31st January during the academic year in respect of which the information is published, or
b
the date on which the course leading to that qualification began.
5
In these Regulations–
a
where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number;
b
where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.
6
Any reference in these Regulations to a regulation is a reference to a regulation in these Regulations, any reference to a paragraph is a reference to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
Qualification of duties
3
The duties imposed on the governing body of an institution by virtue of these Regulations in respect of the publication of information apply only to the extent that that information is available to the governing body before the latest occasion on which the information is required to be published.
PART II
PUBLICATION OF INFORMATION
Information to be published by governing bodies
4
The governing body of every institution within the further education sector shall for each academic year publish the information specified in the Schedule and determined in accordance with regulation 5 at the time and in the manner provided for in regulation 6.
Determination of information
5
1
This regulation applies to the determination of the information specified in the Schedule.
2
Subject to paragraph (4) if a student was entered for two or more examinations in the same subject in the same academic year only the examination in which he achieved the higher or highest grade shall be taken into account.
3
In the case of an examination leading to the award of the GCSE in two subjects, a student shall be included only once in the number of students entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject.
4
In the case of a student who was entered for both GCE “A” level and GCE “AS” examinations in the same subject, only the GCE “A” level examination result shall be taken into account.
5
In calculating the number of GCE “A” level examinations for which a pupil is entered or for which he has achieved a grade, one GCE “AS” examination shall be treated as the equivalent of half a GCE “A” level examination.
6
For the purpose of determining point scores in GCE “A” level and GCE “AS” examinations, the following grades of achievement equate to the following points:
GCE “A” Level: grade A = 10 points; grade B = 8 points; grade C = 6 points; grade D = 4 points; and grade E = 2 points;
GCE “AS”: grade A = 5 points; grade B = 4 points; grade C = 3 points; grade D = 2 points; and grade E = 1 point.
Time and manner of publication of information
6
1
This regulation applies to the publication of information under regulation 4.
2
Such information shall be published–
a
when it relates to the academic year ending on 31st August 1993, on or before 31st January 1994; and
b
when it relates to any other academic year, on or before the 31st December which follows the end of that academic year.
3
Such information shall be published by making copies available without charge–
a
for distribution to any person who requests a copy at the institution or through the post;
b
for reference at the institution; and
c
for reference at–
i
public libraries,
ii
secondary schools, and
iii
Training and Enterprise Council offices
in any locality in which the institution provides education for the residents of that locality.
4
Paragraph (3)(c) shall not apply to the Workers' Educational Association.


text:
1
This Scheme may be cited as the M621 to M1 Link Roads (and Connecting Roads) Scheme 1993 and shall come into force on 5th April 1993.
2
In this Scheme:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“connecting road” means a special road along a route described in Schedule 2 to this Scheme;
ii
“the Plan” means the Plan folio containing a Plan numbered HA16/YHCPD 12, and marked “The M621 to M1 Link Roads (and Connecting Roads) 1993”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street,London SW1P 3PY;
iii
“the special roads” means the link roads and the connecting roads; and
iv
“link road” means a special road along a route described in Schedule 1 to this Scheme.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 of the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a colour line on the Plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
8th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Controls on Injurious Substances) (No. 2) Regulations 1993 and shall come into force on 31st July 1993.
2
In these Regulations —
“cadmium” means cadmium CAS Number 7440 — 43 — 9 and its compounds;
“cadmium plating” means any deposit or coating of metallic cadmium on a metallic surface;
“CAS Number” means a number described in the CAS Registry Handbook, ISSN 0093 — 058X, published in instalments from 1965 to 1971 with supplements for 1972 to 1976, 1977 to 1981, 1982 to 1986 and 1987 to 1991 by the Chemical Abstracts Service, American Chemical Society, Columbus, Ohio, USA ;
“CN code number” means a code number of the combined nomenclature established by Council Regulation ( EEC ) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ;
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.
Restrictions on use of cadmium in pigments and marketing of products coloured with cadmium
2
1
No person shall on or after 31st July 1993 use cadmium to give colour to finished products manufactured from any of the following substances —
a
polyvinyl chloride ( PVC ) CN code numbers 3904 10, 3904 21 and 3904 22,
b
polyurethane ( PUR ) CN code number 3909 50,
c
low-density polyethylene ( ld PE ) CN code number 3901 10, with the exception of low-density polyethylene used for the production of coloured masterbatch,
d
cellulose acetate ( CA ) CN code numbers 3912 11 and 3912 12,
e
cellulose acetate butyrate ( CAB ) CN code numbers 3912 11 and 3912 12,
f
epoxy resins CN code number 3907 30.
2
No person shall on or after 31st December 1995 use cadmium to give colour to —
a
finished products manufactured from any of the following substances —
i
melamine — formaldehyde ( MF ) resins CN code number 3909 20,
ii
urea — formaldehyde ( UF ) resins CN code number 3909 10,
iii
unsaturated polyesters ( UP ) CN code number 3907 91,
iv
polyethylene terephthalate ( PET ) CN code number 3907 60,
v
polybutylene terephthalate ( PBT ),
vi
transparent/general purpose polystyrene CN code numbers 3903 11 and 3903 19,
vii
acrylonitrile methylmethacrylate ( AMMA ),
viii
cross-linked polyethylene ( VPE ),
ix
high-impact polystyrene,
x
polypropylene ( PP ) CN code number 3902 10, or
b
paints CN code numbers 3208 and 3209.
3
No person shall —
a
on or after 31st July 1993 place on the market finished products or components of products manufactured from any of the substances specified in paragraph (1)(a) to (f) above which have been coloured with cadmium, or
b
on or after 31st December 1995 place on the market finished products or components of products manufactured from any of the substances specified in paragraph (2)(a) above which have been coloured with cadmium,
if their cadmium content (expressed as Cd metal) exceeds 0.01 per cent by mass of the plastic material.
Restrictions on the marketing of paints containing cadmium
3
1
Except where paragraph (2) applies, no person shall on or after 31st December 1995 place on the market paints CN code numbers 3208 and 3209 if their cadmium content (expressed as Cd metal) exceeds 0.01 per cent by mass.
2
No person shall on or after 31st December 1995 place on the market paints CN code numbers 3208 and 3209 which have a high zinc content unless the residual concentration of cadmium is as low as possible and in any case does not exceed 0.1 per cent by mass.
Restrictions on use of cadmium as a stabiliser and marketing of products stabilised with cadmium
4
1
No person shall on or after 30th June 1994 use cadmium to stabilise the following finished products manufactured from polymers or copolymers of vinyl chloride —
a
packaging materials (bags, containers, bottles, lids) CN code numbers 3923 29 10, 3920 41 and 3920 42,
b
office or school supplies CN code number 3926 10,
c
fittings for furniture, coachwork or the like CN code number 3926 30,
d
articles of apparel and clothing accessories (including gloves) CN code number 3926 20,
e
floor and wall coverings CN code number 3918 10,
f
impregnated, coated, covered or laminated textile fabrics CN code number 5903 10,
g
imitation leather CN code number 4202,
h
gramophone records CN code number 8524 10,
i
tubes and pipes and their fittings CN code number 3917 23,
j
swing doors,
k
vehicles for road transport (interior, exterior, underbody),
l
coating of steel sheet used in construction or in industry,
m
insulation for electrical wiring.
2
No person shall on or after 30th June 1994 place on the market any of the finished products or components of products specified in paragraph (1)(a) to (m) above which have been manufactured from polymers or copolymers of vinyl chloride stabilised by substances containing cadmium if their cadmium content (expressed as Cd metal) exceeds 0.01 per cent by mass of the polymer.
Restrictions on use of cadmium plating and marketing of products plated with cadmium
5
1
No person shall on or after 31st July 1993 use cadmium for cadmium plating metallic products, or components of such products, used in —
a
equipment and machinery for —
i
food production CN code numbers 8210, 8417 20, 8419 81, 8421 11, 8421 22, 8422, 8435, 8437, 8438 and 8476 11,
ii
agriculture CN code numbers 8419 31, 8424 81, 8432 to 8434 and 8436,
iii
cooling and freezing CN code number 8418,
iv
printing and book binding CN code numbers 8440, 8442 and 8443,
b
equipment and machinery for the production of —
i
household goods CN code numbers 7321, 8421 12, 8450, 8509 and 8516,
ii
furniture CN code numbers 8465, 8466 and 9401 to 9404,
iii
sanitary ware CN code number 7324,
iv
central heating and air conditioning plant CN code numbers 7322, 8403, 8404 and 8415.
2
No person shall on or after 31st July 1993 —
a
place on the market cadmium-plated products, or components of such products, used in the sectors/applications specified in paragraph (1)(a) and (b) above, or
b
place on the market cadmium-plated products manufactured in the sectors specified in paragraph (1)(b) above.
3
No person shall on or after 30th June 1995 use cadmium for cadmium plating metallic products, or components of such products, used in equipment and machinery for the production of —
a
paper and board CN code numbers 8419 32, 8439 and 8441,
b
textiles and clothing CN code numbers 8444, 8445, 8447 to 8449, 8451 and 8452,
c
industrial handling equipment and machinery CN code numbers 8425 to 8431,
d
road and agricultural vehicles CN code numbers 8701 to 8716,
e
rolling stock CN code numbers 8601 to 8609,
f
vessels CN code numbers 8901 to 8908.
4
No person shall on or after 30th June 1995 —
a
place on the market cadmium-plated products, or components of such products, used in the sectors/applications specified in paragraph (3)(a) to (f) above, or
b
place on the market cadmium-plated products manufactured in the sectors specified in paragraph (3)(c) to (f) above.
Exceptions to regulations 2 to 5
6
1
Regulations 2 to 5 do not apply to —
a
the use of cadmium for research and development or analysis purposes, or the placing on the market of products intended for use for research and development or analysis purposes,
b
products containing cadmium which are already covered by Community legislation other than Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations as amended for the tenth time by Council Directive 91/338/EEC .
2
Regulations 2 and 3 do not apply to finished products coloured with cadmium for safety reasons.
3
Regulation 4 does not apply to finished products using cadmium-based stabilisers for safety reasons.
4
Regulation 5 does not apply to —
a
products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels, or
b
electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed.
Offences and penalties
7
A person who contravenes regulation 2, 3, 4 or 5, or causes or permits another person to contravene one of those regulations, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
John Selwyn Gummer
Secretary of State for the Environment
25th June 1993
John Redwood
Secretary of State for Wales
25th June 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th June 1993


text:
Citation and commencement
1
1
This Order may be cited as the Staffordshire, Warwickshire and West Midlands (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“district” includes a city;
“electoral division” means an electoral division of the county to which an area is transferred by this Order ;
“the map” means one of the 4 maps prepared by the Department of the Environment, marked “Maps of the Staffordshire, Warwickshire and West Midlands (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Staffordshire” means the county of Staffordshire, and any reference to Lichfield is a reference to the Staffordshire district of that name;
“Warwickshire” means the county of Warwickshire, except in the expression “North Warwickshire”, where it means the Warwickshire district of that name;
“West Midlands” means the metropolitan county of West Midlands, and “Birmingham” means the city of Birmingham in that county;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred .
Transfers between Warwickshire (North Warwickshire) and West Midlands (Birmingham)
3
1
The following areas —
a
the part of the parish of Curdworth marked A on map 3; and
b
the parts of the parish of Water Orton marked B and C on map 3, and B, D, F, G and J on map 4
shall cease to form part of any parish, and shall be transferred from Warwickshire, and from North Warwickshire to West Midlands, to Birmingham, to the Sutton New Hall ward, and to the Sutton Coldfield petty sessional division and the Birmingham coroner’s district.
2
The unparished areas which are marked A, C, E and H on map 4 shall be transferred from West Midlands, from Birmingham, and from the Sutton New Hall ward to Warwickshire, to North Warwickshire, to the parish, ward and electoral division of Water Orton, and to the Atherstone and Coleshill petty sessional division and the North Warwickshire coroner’s district.
Transfers from West Midlands (Birmingham) to Staffordshire (Lichfield)
4
Each unparished area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from West Midlands, from Birmingham, and from the Sutton Four Oaks ward to Staffordshire, to Lichfield, to the parish, ward, electoral division, and petty sessional division named in column 3, and to the Staffordshire South coroner’s district.
Table
1. Area marked 2. On map 3. Transferred to —
A 2
Parish of Hints
Bourne Vale ward
Lichfield Rural East electoral division
Tamworth petty sessional division
B 1
Parish of Shenstone
Little Aston ward
Lichfield Rural South electoral division
Lichfield petty sessional division
A 1
Parish of Shenstone
Shenstone ward
Lichfield Rural South electoral division
Lichfield petty sessional division
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
24th February 1993


text:
1
This Order may be cited as the Combined Probation Areas (Powys) Order 1993 and shall come into force forthwith.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Powys Probation Area shall be amended by substituting for “Llandrindod Wells” in column 1 the words “Radnorshire and North Brecknock”.
3
The two members of the Powys Probation Committee appointed before 1st January 1993 by the justices for the petty sessions area of Llandrindod Wells shall from the date on which this Order comes into force be members of the Committee as if they had been appointed by the justices for the new petty sessions area of Radnorshire and North Brecknock and shall hold office until 31st March 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
10th January 1993


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Community Healthcare Bolton National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
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 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Community Healthcare Bolton 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 Community Healthcare Bolton 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 manage community health services provided from 43 Churchgate, Bolton BL1 1JF 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 trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date 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 Bolton 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 Bolton 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 Bolton 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
22nd October 1993


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Boothferry Borough Council) Order 1993 and shall come into force on 19th February 1993.
Exemption of maintenance of ground
2
Maintenance of ground by the Boothferry Borough Council shall not be treated as a defined activity so long as it consists of grass-cutting work and is undertaken before 1st April 1994.
Department of the Environment
Michael Howard
One of Her Majesty’s Principal Secretaries of State
25th January 1993


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highway; and
b
i
“classified road”, “as a classification for a highway”, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/YHCPD60 marked “The A65 Trunk Road (Horse Pasture Laithe to Heber Barn) (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road” means the highway to be constructed by the Secretary of State in pursuance of the A65 Trunk Road (Gargrave Bypass) Order 1990 ; and
iv
“the trunk road” means the north-west of Doncaster to Kendal Trunk Road (A65).
3
This Order shall come into force on 23rd July 1993 and may be cited as the A65 Trunk Road (Horse Pasture Laithe to Heber Barn) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshireand Humberside Region
Department of Transport
5th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Westcountry Ambulance Services National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st April 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Westcountry Ambulance Service 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 Westcountry Ambulance Service 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 manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, 2nd Floor General Accident Building, 1 Brest Road, Plymouth PL6 5YD.
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.
Restriction on disposal of assets
6
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.
Virginia Bottomley
Secretary of State for Health
19th March 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Rent Act 1977 (Forms etc.) (Welsh Forms and Particulars) Regulations 1993 and shall come into force on 13th July 1993.
2
In these Regulations “the principal Regulations ” means the Rent Act 1977 (Forms etc.) Regulations 1980 .
2
The forms set out in the Schedule to these Regulations are hereby prescribed as versions in Welsh which may be used instead of the corresponding forms in the Schedule to the principal Regulations for the purposes set out in regulations 3 and 4 of the principal Regulations.
3
Forms substantially to the like effect to the forms set out in the Schedule to these Regulations may be used.
John Redwood
Secretary of State for Wales
10th June 1993


text:
Citation and commencement
1
1
This Order may be cited as the Essex and Greater London (County and London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order–
“district” includes a London borough;
“electoral division” means an electoral division of the county of Essex ;
any reference to Enfield, to Hackney, to Haringey or to Waltham Forest is a reference to the district of that name in Greater London;
“Essex” means the county of Essex, any reference to Epping Forest is a reference to the district of that name in that county, any reference to Waltham Abbey is a reference to the parish of that name in that district and county, and “parish ward” means a ward of Waltham Abbey;
“the map” means one or more of the maps prepared by the Department of the Environment, marked “Maps of the Essex and Greater London (County and London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred , except in the expression “parish ward” and in article 8.
Transfers between Essex (Epping Forest) and Greater London (Enfield)
3
1
Each area which is marked as shown in column 1 of the following table on the map indicated in column 2 shall be transferred from Essex, from Epping Forest, and from Waltham Abbey to Greater London, to Enfield, to the ward mentioned in column 3, and to the Enfield petty sessional division and the Northern London coroner’s district, becoming unparished.
TABLE
(1) (2) (3) Area marked– On map– Transferred to the following ward of Enfield–
B, C1 & C2 1 Enfield Lock D1 & D2 1 Enfield Wash E 1 & 2 Green Street F 2 Ponders End
2
The unparished areas which are marked A and A1 on map 1 shall be transferred from Greater London, from Enfield, and from the Enfield Lock ward to–
a
Essex;
b
Epping Forest;
c
Waltham Abbey; and to
d
the Waltham Abbey electoral division, the Epping and Ongar petty sessional division and the Essex No. 1 coroner’s district.
The area marked A shall additionally be transferred to the ward and parish ward of Waltham Abbey West, and the area marked A1 to the ward and parish ward of High Beach.
Transfer from Essex (Epping Forest) to Greater London (Waltham Forest)
4
The area which is marked F1 on map 2 shall be transferred from Essex, from Epping Forest and from Waltham Abbey to–
a
Greater London;
b
Waltham Forest;
c
the Chingford Green ward; and to
d
the Waltham Forest petty sessional division and the Eastern London coroner’s district–
and shall become unparished.
Transfers within Greater London between Enfield and Waltham Forest
5
1
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Enfield, and from the ward named in column 3 to Waltham Forest, to the ward named in column 4, and to the Waltham Forest petty sessional division and the Eastern London coroner’s district, remaining unparished.
TABLE
(1) (2) (3) (4) Area marked– On map– Transferred from Enfield, and from the following ward– To Waltham Forest, and to the following ward–
Q 3 Angel Road Higham Hill M1 3A Craig Park Valley M2 3 L1 & L2 3A St. Peter's Valley
2
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Waltham Forest, and from the ward named in column 3 to Enfield, to the ward named in column 4, and to the Enfield petty sessional division and the Northern London coroner’s district, remaining unparished.
TABLE
(1) (2) (3) (4) Area marked– On map– Transferred from Waltham Forest, and from the following ward– To Enfield, and to the following ward–
G 2 Chingford Green Ponders End H 2 & 3A Chingford Green St. Alphege J 3A Chingford Green St. Peter's O 3 Valley Angel Road N1 & N2 3 Valley Craig Park K1 & K2 3A Valley St. Peter's
Transfers within Greater London between Hackney and Waltham Forest
6
1
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Hackney, and from the ward named in column 3 to Waltham Forest, to the ward named in column 4, and to the Waltham Forest petty sessional division and the Eastern London coroner’s district, remaining unparished.
TABLE
(1) (2) (3) (4) Area marked– On map– Transferred from Hackney, and from the following ward– To Waltham Forest, and to the following ward–
B & C 6 Kings Park Leabridge E, F, H, K & M 6 Kings Park Leyton A & B 7 Leabridge St. James Street Y1 & Y2 5 Springfield High Street
2
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Waltham Forest, and from the ward named in column 3 to Hackney, to the ward named in column 4, and to the East London Central petty sessional division and the Inner North London coroner’s district, remaining unparished.
TABLE
(1) (2) (3) (4) Area marked– On map– Transferred from Waltham Forest, and from the following ward– To Hackney, and to the following ward–
Z1 & Z2 5 High Street Springfield A 6 Leabridge Kings Park G, J & L 6 Leyton Kings Park
Transfers within Greater London between Haringey and Waltham Forest
7
1
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Haringey, and from the ward named in column 3 to Waltham Forest, to the ward named in column 4, and to the Waltham Forest petty sessional division and the Eastern London coroner’s district, remaining unparished.
TABLE
(1) (2) (3) (4) Area marked– On map– Transferred from Hackney, and from the following ward– To Waltham Forest, and to the following ward–
R 3 Coleraine Higham Hill S 3 Coleraine Lloyd Park W 4 High Cross High Street T 3 High Cross Lloyd Park X 4 & 5 South Tottenham High Street
2
The following unparished parts of Waltham Forest shown on map 4–
a
the part of the High Street ward marked V; and
b
the part of the Lloyd Park ward marked U–
shall be transferred to Haringey, to the High Cross ward, and to the Enfield petty sessional division and the Northern London coroner’s district, remaining unparished.
Consequential changes to wards of Waltham Forest
8
1
In this article, “ward” means a ward of Waltham Forest.
2
The following changes shall be made to ward boundaries–
i
the area marked S1 on map 3 shall be transferred from the Higham Hill ward to the Lloyd Park ward;
ii
the area marked D on map 6 shall be transferred from the Leyton ward to the Leabridge ward; and
iii
the area marked P on map 3 shall be transferred from the Valley ward to the Higham Hill ward.
Town and country planning
9
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
23rd April 1993