text:
Title, commencement and extent
1
1
This Scheme may be cited as the Farm Woodland Premium Scheme 1992 and shall come into force on the day after the day on which it is made.
2
This Scheme shall apply to Great Britain.
Interpretation
2
1
In this Scheme unless the context otherwise requires —
“agricultural” shall be construed, in relation to England and Wales, in accordance with section 109(3) of the Agriculture Act 1947 and, in relation to Scotland, in accordance with section 86 of the Agriculture (Scotland) Act 1948 , except that the expression “agricultural use” shall have the same meaning as in section 2(6) of the Farm Land and Rural Development Act 1988;
“agricultural business” means a business consisting in, or such part of a business as consists in, the pursuit of agricultural activities;
“agricultural unit” means land which is occupied as a unit for agricultural purposes;
“application” means application for grant under this Scheme and “applicant” shall be construed accordingly;
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or Wales, the Secretary of State;
“arable land” means eligible land in arable use in respect of which the Forestry Commissioners have agreed to make payment of Better Land Supplement under the Woodland Grant Scheme;
“common grazing” means a common grazing in Scotland;
“conversion plan” means a plan for the conversion of eligible land to woodlands by planting or natural regeneration;
“converted land” means eligible land converted from agricultural use to use for woodlands in accordance with a conversion plan;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“disadvantaged land” means land —
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production, but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate,
which land is within the area shaded blue on the designated maps;
“eligible land” means land which has been in agricultural use for at least 3 years before the date of an application;
“grazings committee” means a grazings committee appointed under section 24 of the Crofters (Scotland) Act 1955 ;
“grazings constable” means a grazings constable appointed under section 24 of the Crofters (Scotland) Act 1955;
“improved grassland” means eligible land consisting of grassland in respect of which the Forestry Commissioners have agreed to make payment of Better Land Supplement under the Woodland Grant Scheme;
“initial entrant” means a person whose application is approved under paragraph 3(1);
“nature reserve” means —
land subject to an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 that it shall be managed as a nature reserve; or
land declared to be a national nature reserve by the Nature Conservancy Council pursuant to section 35 of the Wildlife and Countryside Act 1981 ;
“occupier” means a person who occupies land as freehold owner in England or Wales, as proprietor of the dominium utile in Scotland, or as lessee, and in relation to a common grazing means the grazings committee or grazings constable, and references to “occupies” and “occupation” shall be construed accordingly;
“severely disadvantaged land” means land —
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production, but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
situated in the Isles of Scilly,
which land is within the area shaded pink on the designated maps;
“successor” means a person whose application is approved under paragraph 3(2);
“unimproved land” means eligible land other than arable land and improved grassland;
“the Woodland Grant Scheme” means the Scheme under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979 for and in connection with the use and management of land for forestry purposes.
2
Any reference in this Scheme to a numbered paragraph or Schedule shall be construed as a reference to the paragraph or Schedule bearing that number in this Scheme.
Approval of applications
3
1
Subject to the provisions of this Scheme, the appropriate Minister may approve an application in relation to any eligible land if the applicant —
a
has entered into a written agreement with the Forestry Commissioners for the conversion of the land to woodlands under the Woodland Grant Scheme;
b
submits to the appropriate Minister a conversion plan with respect to the land that is consistent with that agreement, and
c
i
occupies the land, and carries on, whether personally or by a manager, an agricultural business on an agricultural unit which includes that land, or
ii
is, where the land comprises a common grazing, the grazings committee or grazings constable for that common grazing.
2
Subject to the provisions of this Scheme, the appropriate Minister may approve an application in respect of land comprising converted land, or eligible land in relation to which a conversion plan remains to be carried out, if the applicant —
a
occupies the land in succession to a previous occupier who was, in relation to that land, an initial entrant or a successor;
b
has submitted the application within 12 months of the termination of occupation of that previous occupier; and
c
carries on, whether personally or by a manager, an agricultural business on an agricultural unit which includes that land.
3
An application shall not be taken to be approved unless the appropriate Minister has given approval of it in writing.
Applications for grant
4
Every application shall be made in such form as the appropriate Minister may require.
Restrictions on approval of applications
5
1
The appropriate Minister shall not approve an application which relates to land which —
a
is registered as common land pursuant to the Commons Registration Act 1965 ;
b
forms part of a nature reserve;
c
is occupied by a lessee unless the owner of that land has given his consent in writing to the occupier’s application;
d
is occupied by a grazings committee or grazings constable unless that committee or, as the case may be, constable, pursuant to section 26A of the Crofters (Scotland) Act 1955 , has obtained the approval of the Crofters Commission and the consent of the landlord, and that consent has been registered.
2
For the purposes of sub-paragraph (1)(c) above, “owner” means, in England or Wales, freehold owner, and in Scotland, proprietor of the dominium utile, and where land is occupied by a sub-tenant, includes a superior tenant.
3
The appropriate Minister shall not approve an application under paragraph 3(1) which relates to land which, in the opinion of that Minister, has been converted to woodlands or had carried out on it any operations relating to such conversion, whether or not such conversion or operations were carried out in pursuance of a written agreement made with the Forestry Commissioners under the Woodland Grant Scheme.
4
The appropriate Minister shall not approve an application which relates to land —
a
which is to be planted with trees as a condition of a felling licence granted by the Forestry Commissioners under section 10 of the Forestry Act 1967 ;
b
on which trees have been felled without the authority of a felling licence granted under Part II of the Forestry Act 1967 in circumstances where section 9(1) of that Act applies so as to require such a licence;
c
which is to be planted with trees pursuant to a restocking notice served by the Forestry Commissioners under section 17A of the Forestry Act 1967 ; or
d
which is to be planted with trees pursuant to a notice served by the Forestry Commissioners under section 24(2) of the Forestry Act 1967.
5
The appropriate Minister shall not approve an application which relates to any land which is to be converted to woodlands —
a
where the converted land is also intended for agricultural use;
b
intended to be managed as coppice; or
c
where the trees are intended to be used as Christmas trees or cricket bat willow.
6
The appropriate Minister may refuse to approve an application which relates to any land if it appears to that Minister that the conversion to woodlands of that land would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Economic Community, or that the payment of grant under this Scheme in respect of that land would duplicate any such assistance.
6
1
The appropriate Minister shall not approve an application which relates to land in England or Wales, possession of which was obtained from a tenant of that land by means of a notice to quit —
a
to which Case B in Part I of Schedule 3 to the Agricultural Holdings Act 1986 applied; or
b
in respect of which a counter-notice could have been served under section 26(1)(b) of the Agricultural Holdings Act 1986 unless no such counter-notice was served or unless the Agricultural Land Tribunal consented to the operation of the notice to quit on the grounds set out in section 27(3)(e) of that Act (with or without other grounds).
2
The appropriate Minister shall not approve an application which relates to land in Scotland, possession of which was obtained from a tenant of that land by means of —
a
a notice to quit to which section 22(2)(b) of the Agricultural Holdings (Scotland) Act 1991 applied;
b
a notice to quit in respect of which a counter-notice could have been served under section 22(1) of the Agricultural Holdings (Scotland) Act 1991 unless no such counter-notice was served or unless the Scottish Land Court consented to the operation of the notice to quit on the grounds set out in section 24(1)(d) of that Act (with or without other grounds);
c
an authorisation given by the Scottish Land Court under section 12(1) of the Crofters (Scotland) Act 1955 to resume a croft or part of a croft;
d
an authorisation given by the Scottish Land Court under section 12(3) of the Crofters (Scotland) Act 1955 to resume any land forming part of a common grazing; or
e
a notice served pursuant to a resumption clause in a lease.
7
The appropriate Minister shall not approve under paragraph 3(1) an application in relation to an agricultural unit if —
a
save in the case of an application relating to a common grazing, the application (whether by itself or when taken together with any other application relating to that agricultural unit) concerns the conversion to woodlands of —
i
more than 50 of the land comprised in that unit; or
ii
more than 40 hectares of unimproved land forming part of that unit;
b
in the case of an application relating to a common grazing, the application (whether by itself or when taken together with any other application relating to the common grazing) concerns the conversion to woodlands of more than 100 hectares of the eligible land comprised in that common grazing; or
c
the application concerns the conversion to woodlands of less than 1 hectare of eligible land.
Requirements for persons taking part in the Scheme
8
An applicant shall undertake to the appropriate Minister in his application form that he or his personal representatives or, in Scotland, his executors, will —
a
carry out the work described in the conversion plan relating to the land which the application concerns, within the times and in the manner specified in the plan and to the satisfaction of the appropriate Minister;
b
maintain any converted land forming part of that land in accordance with good forestry practice, to the satisfaction of the appropriate Minister throughout the period of —
i
in the case of converted land consisting of 50% or less by area of broadleaved trees, 20 years, commencing on the first day after the end of the year in which the planting of trees on the plantation concerned is completed or, as the case may be, in which the work necessary to encourage natural regeneration of trees on land comprised in the plantation concerned is completed; or
ii
in the case of converted land consisting of more than 50% by area of broadleaved trees, 30 years, commencing as aforesaid;
c
not put any such converted land to agricultural use during the period mentioned in sub-paragraph (b) above;
d
not manage any such converted land as coppice during that period;
e
not use the trees on any such converted land as Christmas trees or cricket bat willow during that period;
f
save in the case of a common grazing, notify the appropriate Minister in writing —
i
of any change in occupation of the eligible land or the converted land which he or they occupy within one month of its occurrence;
ii
of the termination of the agricultural business carried on by him or them on the agricultural unit which includes or is adjacent to that eligible land or that converted land;
g
save in the case of a common grazing, furnish such information as to the agricultural business carried on by him or them on the agricultural unit which includes or formerly included or is or was adjacent to the eligible land or converted land which he or they occupy, and as to that converted land, as the appropriate Minister may require to evaluate the effectiveness of this Scheme;
h
in relation to a common grazing, furnish such information as to that common grazing or, as the case may be, the converted land thereon, or as to his activities in connection with that common grazing, as the appropriate Minister may require to evaluate the effectiveness of this Scheme.
Grants under this Scheme
9
1
Subject to the provisions of this Scheme, the appropriate Minister may make to an initial entrant or a successor, or their personal representatives or, in Scotland, their executors, grants for abating financial loss which has been or will be suffered in consequence of their occupation of converted land.
2
Grants under sub-paragraph (1) above shall be made annually in relation to the categories of converted land specified in column 1 of Schedule 1 at the rate per hectare specified in column 2 of that Schedule and shall be made in respect of the area of such converted land remaining in the occupation of the claimant at the time the claim for payment is made.
3
Save in relation to a common grazing, an initial entrant or a successor, or their personal representatives or, in Scotland, their executors, shall cease to be eligible for payments if at any time he or they cease to carry on an agricultural business on the agricultural unit which includes or is adjacent to the eligible land or converted land which he or they occupy.
Duration and payment of grant
10
1
Subject to the provisions of this Scheme, the number of annual payments under paragraph 9 made in respect of any area of converted land of a category specified in column 1 of Schedule 2 shall not exceed the maximum number specified in column 2 of that Schedule in relation to converted land of that category.
2
For the purposes of this paragraph, the description of any area of converted land specified in column 1 of Schedule 2 which applies when the conversion plan has been carried out in relation to that area shall remain applicable to any part of that area so long as any payment under this Scheme is due to be made in relation to that area.
3
In respect of each area of converted land —
a
the first annual payment shall be made during the twelve months following the payment by the Forestry Commissioners of the first instalment of grant under the Woodland Grant Scheme, in respect of the conversion of land to those woodlands pursuant to the agreement referred to in paragraph 3(1)(a);
b
subsequent annual payments shall be made on 1st October in each year or on such other date or dates in each year as the appropriate Minister may decide.
Claims for grant
11
Every claim for payment under this Scheme shall be made in such form and at such times as the appropriate Minister may require.
Financial limits
12
1
When by reason of the total of applications already approved or received, the appropriate Minister is at any time of the opinion that the financial resources which are available for payment of grant under this Scheme during any period are insufficient to satisfy the payment in relation to England, Wales or Scotland, as the case may be, during that period, which would result from the approval of any further application, he may decide —
a
that he will not accept for consideration any further application, or request to vary a conversion plan under paragraph 13, until a time subsequently specified by him; or
b
that he will cease to approve, or postpone approval of, any such application or request submitted to him.
2
A decision by the appropriate Minister under sub-paragraph (1) above may relate to —
a
applications in respect of the conversion to any category of converted land referred to in column 1 of Schedule 1; or
b
applications generally,
and in the case of a decision under sub-paragraph (1)(a) not to accept further applications and to specify a time when further applications may be accepted, shall be published by notice in the London or Edinburgh Gazette, as appropriate.
Variation of conversion plans
13
The occupier of land in respect of which payment of grant is due to be made under this Scheme may, with the prior written agreement of the appropriate Minister, vary the conversion plan with respect to that land in any manner that Minister may approve consistent with this Scheme, and may thereafter claim payment of grant in respect of the conversion to woodlands in accordance with the plan as so varied.
Withholding and recovery of grant
14
1
If at any time after the appropriate Minister has approved an application it appears to that Minister that the applicant, with a view to obtaining payment of grant under this Scheme, has made any statement or furnished any information which is false or misleading in a material respect, the appropriate Minister may —
a
reduce or withhold any payment under this Scheme due to the applicant or his personal representatives or, in Scotland, his executors;
b
recover from him or them an amount equal to any payment made under this Scheme or such part thereof as the appropriate Minister may specify; and
c
terminate the participation in the Scheme of the applicant or his personal representatives or, in Scotland, his executors.
2
If at any time after the appropriate Minister has approved an application it appears to that Minister that the applicant or his personal representatives or, in Scotland, his executors, have without reasonable cause failed to carry out any undertaking given by him pursuant to paragraph 8, or to comply with any other requirement of this Scheme, the appropriate Minister may —
a
postpone, reduce or withhold any payment under this Scheme due to the applicant or his personal representatives or, in Scotland, his executors;
b
recover from him or them an amount equal to any payment made under this Scheme or such part thereof as the appropriate Minister may specify; and
c
terminate the participation in the Scheme of the applicant or his personal representatives or, in Scotland, his executors.
3
Before postponing, reducing, withholding or recovering any payment or terminating participation in the Scheme under this paragraph the appropriate Minister shall —
a
give to any person to whom any payment of such grant would be made, or from whom any payment would be recoverable, or the participation of whom in the Scheme he proposes to terminate, a written notification of the reasons for the action proposed to be taken by that Minister,
b
afford that person or, in the case of a grazings committee, a representative of that committee, an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by the person so appointed and supply a copy of the report to the person mentioned in sub-paragraph (a) above.
4
The appropriate Minister shall not approve a further application from any person whose participation in the Scheme has been terminated under this paragraph, where the application is submitted within five years of the date of that termination.
5
For the purposes of sub-paragraph (2) above, “reasonable cause” shall be taken to refer to ill-health or death of the applicant or his personal representatives or, in Scotland, his executors, severe weather conditions, shortage of suitable tree plants, or compulsory purchase of land in respect of which the application was approved, or such other exceptional circumstances as the appropriate Minister considers justify failure to carry out any undertaking or to comply with any requirement under this Scheme.
6
Where the appropriate Minister is entitled under this paragraph to recover from any person any payment made under this Scheme, the appropriate Minister may in addition recover from that person interest on the amount of that payment, calculated at the rate of one percentage point above the sterling three months London Interbank Offered Rate, on a day to day basis, from the date when that payment was made to that person to the date of its recovery by the appropriate Minister.
Obligation to permit entry and inspection
15
1
The occupier of land to which an application relates, or which is being converted to woodlands in pursuance of a conversion plan, or which is converted land and in respect of which grant is still being claimed, or which he is required to maintain in accordance with paragraph 8(b), shall permit any person duly authorised by the appropriate Minister, accompanied by such persons acting under his instructions as appear to the person so authorised to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon and inspect any such land in order to verify the accuracy of any particulars given in any application or claim made under this Scheme, and compliance with the requirements of the Scheme.
2
The occupier shall render all reasonable assistance to the authorised person in relation to the matters mentioned in sub-paragraph (1) above, and in particular shall, at the request of that person, accompany him in making the inspection and shall identify any areas of land which are concerned in the application or claim in question.
Amendment of the Farm Woodland Scheme 1988
16
In the Farm Woodland Scheme 1988 —
a
after paragraph 7 there shall be inserted the following paragraph:
7A
The appropriate Minister shall not approve an application to enter this Scheme under paragraph 3(1) where the application is received by him or by the Forestry Commissioners on his behalf on or after 1st April 1992.
;
b
after paragraph 15 there shall be added the following paragraph:
16
1
Where the appropriate Minister has approved an application to enter this Scheme by any person in relation to any land, and any part of the land (“the unplanted part”) has not been converted to woodlands, that person may terminate his participation in this Scheme with respect to the unplanted part on giving written notice to that effect to the appropriate Minister.
2
Where participation in this Scheme is terminated under sub-paragraph (1) above, the appropriate Minister shall not make payments under the Scheme in respect of the unplanted part, nor in respect of the part of the land converted to woodlands unless it comprises at least 1 hectare.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
31st March 1992.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
9th March 1992
David Hunt
Secretary of State for Wales
10th March 1992
We approve
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1992 and shall come into force on 18th December 1992.
2
In these Regulations “the principal Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 .
Amendment of Schedule 1 to the principal Regulations
2
In Schedule 1 to the principal Regulations (classes of persons for the purposes of regulation 5) shall be amended by the insertion at the end of the following entries —
A Health and Social Services trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991
A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978
The Common Services Agency for the Scottish Health Service established under section 10 of the National Health Service (Scotland) Act 1978.
.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister
Department of Health
20th November 1992
David Hunt
Secretary of State for Wales
20th November 1992
Fraser of Carmyllie
Minister of State, Scottish Office
24th November 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
24th November 1992.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 23rd day of November 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 20th day of November 1992.
W. J. Hodges
Permanent Secretary


text:
1
These Regulations may be cited as the National Savings Bank (Amendment) Regulations 1992 and shall come into force on 1st February 1993.
2
The National Savings Bank Regulations 1972 shall be amended:
a
in regulation 20, by the substitution of “£10” for “£5” ; and
b
in regulation 28(5), by the substitution of “£20” for “£5”.
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Paisley College of Technology Scheme (Amendment) Regulations 1992 and shall come into force on 27th May 1992.
Paisley College of Technology
2
For section 25 of the Paisley College of Technology Scheme (1954)( ) there shall be substituted the following section: —
1
The governing body shall provide, maintain, furnish, equip and administer Paisley College of Technology for education and instruction in —
a
scientific and technological subjects;
b
business studies;
c
social sciences
and related subjects.
2
Without prejudice to the generality of their powers under the foregoing sub-section the governing body may —
a
provide, equip, maintain, administer and conduct any facilities for sports, social and recreational purposes, libraries and reading rooms, and residential accommodation for students and members of staff of the College;
b
award diplomas and certificates under their common seal upon such conditions and under such rules as they may make;
c
undertake, or to assist such bodies and persons as may be approved by them to undertake, research and educational experiments related to the objects of the College;
d
provide consultancy services, laboratory services or similar services to such bodies and persons as they may approve provided that such services shall be related to the objects of the College and provided that charges shall be made for such services which at least cover the full cost to the College of their provision; and
e
arrange for the affiliation of the College with, or the affiliation to the College of, or to enter into arrangements or co-operate with, any educational institution, association or other body for purposes connected with the functions of the governing body, upon such terms and conditions as may be arranged.
3
Subject to the provisions of this scheme the governing body shall have all the rights, powers and privileges necessary or expedient to enable them to carry this provision into effect.
.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
27th April 1992


text:
1
This Order may be cited as the Finance (No. 2) Act 1992 (Commencement No. 3) Order 1992.
2
1
Subject to the provisions of paragraph (2) below, section 3 and Schedule 2 to the Finance (No. 2) Act 1992 shall come into force on 9 December 1992.
2
Paragraph (1) above, so far as it brings into force so much of paragraph 8 of Schedule 2 to the Finance (No. 2) Act 1992 as inserts a new section 170B in the Customs and Excise Management Act 1979 , shall do so for all purposes except the purpose of beer duty; and, accordingly, that paragraph shall not have the effect of bringing into force the repeals mentioned in note 4 of Part I of Schedule 18 to the Finance (No. 2) Act 1992.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House22 Upper GroundLondonSE1 9PJ
8 December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Introduction of Disability Living Allowance) Miscellaneous Amendments Regulations 1992 and shall come into force on 16th March 1992.
2
In these Regulations —
“the Consequential Regulations ” means the Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 ;
“the Introduction Regulations ” means the Social Security (Introduction of Disability Living Allowance) Regulations 1991 .
Amendment of regulation 19 of the Introduction Regulations
2
In regulation 19 of the Introduction Regulations (claims for attendance allowance and mobility allowance treated as not made) for the words “made on that day” to the end there shall be substituted the words “for attendance allowance or mobility allowance made on or after the day on which the claim for disability living allowance was made shall be treated as not having been made”.
Amendment of regulation 22 of the Introduction Regulations
3
For paragraph (9) of regulation 22 of the Introduction Regulations (determination of claims for, or of application for review of decisions relating to, attendance allowance) there shall be substituted the following paragraph–
9
For the purposes of the provisions of Part III of the 1975 Act in so far as they relate to the review of decisions of adjudication officers, any decision made by the former Attendance Allowance Board under section 105(3) or 106(1) of the 1975 Act together (if applicable) with any certificate issued or altered in consequence of that decision shall, after 5th April 1992, be treated as a decision of an adjudication officer and as such shall be subject to review on the same grounds and in the same circumstances as decisions of an adjudication officer.
.
Amendment of regulation 23 of the Introduction Regulations
4
In regulation 23 of the Introduction Regulations (appeals to Commissioners from decisions of the Attendance Allowance Board) —
a
for paragraph (1) there shall be substituted the following paragraphs —
1
Subject to paragraph (1A), after the 5th April 1992 an appeal lies to a Commissioner, with his leave or that of another Commissioner, against a determination by the Attendance Allowance Board of any question of law arising from either —
a
a review made by the Attendance Allowance Board under section 106(1) of the 1975 Act, or
b
a refusal by the Attendance Allowance Board to review a determination made by them under section 105(3) or 106(1) of the 1975 Act,
at the instance of the claimant in question or the Secretary of State.
1A
Those provisions of the Social Security Commissioners Procedure Regulations 1987 which on 5th April 1992 applied to applications or appeals made under section 106(2) of the 1975 Act shall apply in like manner to applications and appeals made under paragraph (1).
;
b
at the beginning of paragraph (2) there shall be inserted the words “On or after 16th March 1992”.
Amendment of regulation 27 of the Introduction Regulations
5
In regulation 27 of the Introduction Regulations (persons unable to act) —
a
in paragraph (1), for the words “Subject to the following provisions of this regulation” there shall be substituted the words “Except as provided in paragraph (3)”; and
b
paragraph (4) shall be omitted.
Amendment of regulation 7 of the Consequential Regulations
6
For regulation 7 of the Consequential Regulations (amendment of the Tribunal and Inquiries (Social Security Commissioners) Order 1980) there shall be substituted the following regulation —
7
In article 2 of the Social Security Commissioners Order —
a
in paragraph (e), after the words “Social Security Act 1975” there shall be inserted the words “or regulation 23(1) of the Social Security (Introduction of Disability Living Allowance) Regulations 1991”; and
b
after paragraph (e) there shall be inserted the following paragraph —
f
a Commissioner’s decision on an application for leave to appeal against a decision of a disability appeal tribunal under section 101(5A) of the Social Security Act 1975 .
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
12th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefit (Dependency) Amendment Regulations 1992 and shall come into force on 5th December 1992.
2
In these Regulations “the principal Regulations ” means the Social Security Benefit (Dependency) Regulations 1977 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (citation, commencement andinterpretation) after the definition of “the Child Benefit Act” there shall be inserted the following definition —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
.
Substitution of regulation 8 of the principal Regulations
3
For regulation 8 of the principal Regulations there shall be substituted the following regulation–
Earnings rules for increases for adult dependants
8
1
This paragraph applies in cases where an increase of benefit is claimed in respect of a spouse who is residing with the beneficiary and the increase is claimed under any of the following provisions of the Contributions and Benefits Act–
a
section 83(2) (increase of Category A or Category C retirement pension or invalidity pension in respect of a wife);
b
section 84(1) (increase of Category A retirement pension in respect of a husband); or
c
paragraph 6(1)(a)(i) of Schedule 7 (increase of disablement pension in respect of a spouse or person having care of children where beneficiary entitled to unemployability supplement).
2
Where paragraph (1) applies, there shall be no increase of benefit for any period during which the beneficiary is residing with his spouse and his spouse has earnings if the earnings of the spouse in the week in that period which falls immediately before the week in which the beneficiary is entitled to benefit under any provision specified in paragraph (1) exceed the amount specified in paragraph 1 of Part I of Schedule 4 to the Contributions and Benefits Act.
3
Where the person referred to in section 85(2) of the Contributions and Benefits Act (“the dependant”) is residing with the pensioner, the weekly rate of a pension to which section 85 of that Act applies shall be increased by the amount specified in relation to that pension in column 3 of Part IV of Schedule 4 to that Act but there shall be no increase of pension for any period–
a
during which the pensioner is residing with the dependant; and
b
the dependant has earnings,
if the earnings of the dependant in the week in that period which falls immediately before the week in which the pensioner is entitled to the pension exceed the amount specified in paragraph 1 of Part I of Schedule 4 to that Act.
4
Where the person referred to in paragraph 6(1)(b) of Schedule 7 to the Contributions and Benefits Act (“the dependant”) is residing with the beneficiary, the weekly rate of the disablement pension to which that paragraph applies shall be increased by the amount referred to in paragraph 8 of Part V of Schedule 4 to that Act but there shall be no increase of disablement pension for any period–
a
during which the beneficiary is residing with the dependant; and
b
the dependant has earnings,
if the earnings of the dependant in the week in that period which falls immediately before the week in which the beneficiary is entitled to a disablement pension exceed the amount specified in paragraph 1 of Part I of Schedule 4 to that Act.
5
In determining the earnings of a dependant for the purposes of paragraphs (3) and (4), no account shall be taken of any earnings of that person from employment by the pensioner or the beneficiary as the case may be in caring for a child or children in respect of whom the pensioner or the beneficiary is entitled to child benefit.
6
Where an increase of benefit is claimed in respect of a spouse who is not residing with the beneficiary and the increase is claimed under paragraph 6(1)(a)(ii) of Schedule 7 to the Contributions and Benefits Act there shall be no increase of benefit for any period during which the beneficiary is contributing to the maintenance of the spouse at a rate less than the standard rate of the increase and the weekly earnings of the spouse exceed that rate.
7
In this regulation–
a
“week” means–
i
in relation to Category A or Category C retirement pension the period of 7 days beginning with the day on which in accordance with the provisions of regulation 22 of and paragraph 5 of Schedule 6 to the Social Security (Claims and Payments) Regulations 1987 is the day for payment of the retirement pension in question; and
ii
in relation to any other benefit the period of 7 days beginning with midnight between Sunday and Monday; and
b
any reference to earnings includes a reference to payments by way of occupational or personal pension.
.
Transitional provision
4
1
Where on 4th December 1992, a beneficiary was entitled to an increase of benefit for that day and by virtue of paragraph (6) of regulation 8 of the principal Regulations as then in force the provisions of the Act relating to the reduction of the rate of such increase applied to him, that paragraph shall continue to apply to him as though these Regulations had not been made until such time as the beneficiary first ceases to be entitled to that increase.
2
In paragraph (1) the expressions used have the same meanings as in the principal Regulations.
Peter Lilley
Secretary of State for Social Security
4th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Berkshire and Battle HospitalsNational Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Berkshire and Battle Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Berkshire and Battle Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the Royal Berkshire Hospital, London Road, Reading, Berkshire RG1 5AN and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Berkshire District Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The West Berkshire District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Berkshire District Health Authority.
Restrictions on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
1
These Regulations may be cited as the Charities (Qualified Surveyors' Reports) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations —
“relevant land” means the land in respect of which a report is being obtained for the purposes of section 32(3) of the Charities Act 1992; and
“the surveyor” means the qualified surveyor from whom such a report is being obtained.
2
A report prepared for the purposes of section 32(3) of the Charities Act 1992 (requirements to be complied with in respect of the disposition of land held by or in trust for a charity otherwise than with an order of the court or of the Charity Commissioners or where section 32(5) of that Act applies) shall contain such information and deal with such matters as are prescribed by the Schedule to these Regulations (together with such other information and such other matters as the surveyor believes should be drawn to the attention of the charity trustees).
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
29th November 1992


text:
Title, extent, commencement and interpretation
1
1
These Regulations may be cited as the Suckler Cow Premium (Amendment No. 2) Regulations 1992, shall apply in Great Britain and shall come into force on 15th June 1992.
2
In these Regulations “the principal Regulations ” means the Suckler Cow Premium Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations shall be further amended in accordance with regulation 3 of these Regulations.
3
In regulation 4(1) of the principal Regulations for the words “The appropriate Minister”, there shall be substituted the words “In relation to applications for premium lodged during the period 1991/1992 specified in Article 1 of Council Regulation ( EEC ) No. 3605/91 , the appropriate Minister”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
21st May 1992.
David Hunt
Secretary of State for Wales
21st May 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
21st May 1992


text:
Title and commencement
1
These Regulations may be cited as the Food (Forces Exemptions) (Revocations) Regulations 1992 and shall come into force on 16th November 1992.
Revocations of forces exemptions
2
1
Subject to paragraph (2) below, the Regulations specified in columns 1 and 2 of the Schedule to these Regulations are hereby amended by revoking the provisions of each of those Regulations specified in column 3 of that Schedule.
2
The revocations made by paragraph (1) above shall not have effect in relation to any food prepared and labelled for sale before 16th November 1992.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
14th October 1992.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under-Secretary,
Department of Health
19th October 1992
David Hunt
Secretary of State for Wales
14th October 1992
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
16th October 1992


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1992 and shall come into force on 5th February 1992.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (West Penwith) Designation Order 1986 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with articles 4, 5, 6, 7 and 8 of this Order.
Designation of environmentally sensitive area
4
In article 3 of the principal Order for “Great Westminster House, Horseferry Road, London SW 1P 2AE” there shall be substituted “Nobel House, 17 Smith Square, London SW 1P 3HX.”.
Requirements to be included in agreement
5
In article 4 of the principal Order for “the Schedule” there shall be substituted “Schedule 1”.
Provisions as to breach of requirements to beincluded in agreement
6
In article 5(a) of the principal Order, the word “civil” shall be omitted.
Rates of payment under agreement
7
For article 6 of the principal Order there shall be substituted the following article–
Rates of payment under agreement
6
2
The Minister shall make payments under an agreement at the rate of £65 per annum for each hectare of land to which the agreement relates.
2
Where an agreement includes one or more of the conservation plan operations specified in Schedule 2, the Minister shall make payments according to the farming operations which are carried out at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4000 per agreement.
.
Amendment of Schedule
8
For the Schedule to the principal Order there shall be substituted the schedules set out in the Schedule to this Order.
Saving
9
Nothing in articles 5, 6, 7 and 8 of this Order affects an agreement entered into on or before 31st December 1991.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th January 1992
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
14th January 1992.
We consent,
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Investment of Scheme’s Resources) Regulations 1992.
2
These Regulations shall come into force on 9th March 1992.
3
In regulations 2 to 5 —
“member” means a person who is in pensionable service for the purposes of the scheme in question or, as the case may be, a person who qualifies for benefits under the scheme in question by reason of his pensionable service;
“pensionable service” has the same meaning as in paragraph 3(1) of Schedule 16 to the Social Security Act 1973 (preservation requirements: interpretation);
“scheme” means an occupational pension scheme;
and any reference to a numbered regulation or paragraph is a reference to the regulation or paragraph which bears that number in these Regulations.
Schemes to which Regulation 3 applies
2
1
Subject to paragraph (2), regulation 3 applies to schemes —
a
which either —
i
are approved for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes) or are the subject of an application for such approval which has not been determined; or
ii
are exempt from income tax under section 608 of that Act (exemption for superannuation funds approved before 6th April 1980); and
b
which have at least one member in the United Kingdom and either —
i
are established in the United Kingdom; or
ii
have one or more trustees resident in the United Kingdom.
2
Regulation 3 shall not apply to schemes —
a
which have less than 12 members;
b
each of whom is a trustee of the scheme; and
c
the rules of which provide that before any investment of the resources of the scheme is made in an employer-related investment, each member shall agree in writing to the making of that investment.
Restriction on self-investment
3
1
Subject to paragraph (2) and regulation 5, not more than 5 per cent. of the current market value of the resources of a scheme may at any time be invested in employer-related investments.
2
The restriction prescribed in paragraph (1) shall not apply to any employer-related investment of resources to which regulation 4 applies.
Investments to which the restriction does not apply
4
1
This regulation applies to —
a
any employer-related investment of resources in an account (including a current, deposit or share account) with a building society as defined in the Building Societies Act 1986 or an institution authorised under Part I of the Banking Act 1987 ; or
b
any employer-related investment of resources which have been derived from voluntary contributions within the meaning of section 12 of the Social Security Act 1986 (voluntary contributions) and are invested in employer-related investments with the written agreement of the member who paid those contributions.
2
This regulation applies to any employer-related investment of resources in the purchase of a policy of insurance or an annuity contract so as to provide benefits in respect of the pensionable service of a member (whether or not that policy or contract also relates to any other member) where —
a
the policy or contract is specifically allocated to the provision of those benefits for that member or any other person mentioned or described in —
i
that policy or contract; or
ii
the scheme rules or a nomination thereunder; and
b
that member —
i
has the right under the rules of the scheme to choose the policy or contract in question; and
ii
has agreed in writing that the resources in question may be invested in employer-related investments.
Existing cases
5
1
Where on 9th March 1992 the resources of a scheme which are invested in employer-related investments exceed the limit prescribed by regulation 3, those investments may be retained in accordance with paragraph (2).
2
To the extent that the employer-related investments mentioned in paragraph (1) consist of —
a
employer-related loans which are in being on 17th February 1992, they may be retained until 8th March 1994 or, where repayment cannot be required on or before that date, they may be retained until the earliest date on which repayment can be enforced;
b
securities which are listed on a recognised stock exchange on 9th March 1992, they may be retained until 8th March 1994;
c
employer-related securities that are traded in a second tier market of a recognised stock exchange on 9th March 1992, they may be retained until 8th March 1997;
d
employer-related investments to which sub-paragraphs (a) to (c)above do not apply, they may be retained without limit of time.
3
There shall be no new investment in employer-related investments where the resources of a scheme which have been retained inemployer-related investments by virtue of paragraph (2) exceed the restriction prescribed by regulation 3.
4
In this regulation —
“loans” does not include any sums regarded as loans under section 57A(3) of the Social Security Pensions Act 1975 (restrictions on investment of scheme’s resources in employer-related assets);
“recognised stock exchange” has the same meaning as in section 841 of the Income and Corporation Taxes Act 1988 (recognised stock exchange and recognised investment exchanges);
“retained”, in relation to a loan, means left undischarged;
“resources” does not include any resources to which regulation 4 applies.
Amendment of the Disclosure Regulations
6
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1986 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 9(1)(c) (availability of audited accounts, actuarial statements and other information) for the number “15” there shall be inserted the number “17”.
3
The following paragraphs shall be added after paragraph 15 of Schedule 5 (information to accompany audited accounts and actuarial statement) —
16
Where the scheme has employer-related investments within the meaning of section 57A of the Act (restrictions on investment of scheme’s resources inemployer-related assets) —
a
a copy of a list of those investments;
b
a copy of a statement on the proportion of the scheme’s resources that are invested in employer-related investments;
c
if that proportion exceeds 5 per cent, information on whether and, if so, how it is intended to reduce that percentage.
17
Where the Occupational Pension Schemes (Investment of Scheme’s Resources) Regulations 1992 apply, a copy of a statement on whether the investments of the scheme are invested in accordance with those Regulations.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
12th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Enforcement Notices and Appeals) (Amendment) Regulations 1992 and shall come into force on 1st September 1992.
2
In these Regulations, “the 1991 Regulations ” means the Town and Country Planning (Enforcement Notices and Appeals) Regulations 1991 .
Amendments to the 1991 Regulations
2
1
In regulation 4(a) and 9(c)(ii) of the 1991 Regulations, after “171A” insert “,171B and 172”.
2
In regulation 7 of those Regulations —
a
in paragraph (1), for the words “submit to the Secretary of State and serve” substitute “serve on the Secretary of State and”;
b
for paragraph (2) substitute —
2
Any statement which is required to be served by paragraph (1) of this regulation shall be served —
a
where a local inquiry is to be held and the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 6 weeks before the date fixed for the holding of the inquiry;
b
where a local inquiry is to be held and paragraph (a) does not apply, not later than 12 weeks after the relevant date;
c
where no local inquiry is to be held, not later than 28 days from the date on which the Secretary of State sends to the authority a notice requesting the statement.
3
In paragraph (2), “relevant date” means the date of the Secretary of State’s written notice to the appellant and the local planning authority of his intention to cause an inquiry to be held.
Transitional
3
The amendments to the 1991 Regulations contained in regulation 2(2) of these Regulations shall not apply to an appeal made before 1st September 1992.
Michael Howard
Secretary of State for the Environment
27th July 1992
David Hunt
Secretary of State for Wales
27th July 1992


text:
1
1
These Rules may be cited as the Patents (Fees) Rules 1992 and shall come into force on 11th May 1992.
2
The Patents (Fees) Rules 1991 are hereby revoked.
2
These Rules shall be construed as one with the Patents Rules 1990 and, to the extent that they continue to apply in relation to existing patents and existing applications, to the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1977 or arising under the Patents Act 1949 shall be those specified in Parts A and B of the Schedule to these Rules; and in any case where a form specified in Part A or Part B of the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1990 or, as the case may be, the Patents Rules 1968 to be used, that form shall be accompanied by the fee, if any, specified in respect of that matter or, where payment maybe made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
Reay
Parliamentary Under Secretary of State for Industry and Technology
Department of Trade and Industry
6th March 1992
We consent to the making of these Rules.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) Regulations 1992 and shall come into force on 16th July 1992.
Amendment of Regulations
2
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended —
a
in paragraph (1) of regulation 3 (interpretation and application of Part II), by the insertion, after the definition of “relevant year”, of the following —
“the 1992 Act ” means the Non-Domestic Rating Act 1992;
“transitional adjustment notice” has the meaning given by paragraph 7A(2)(b) of Schedule 1
;
b
in regulation 8 (failure to pay instalments), in the definition of “the estimated amount” in paragraph (8), by the insertion, after the words “paragraph 7(2)”, of the words “or, as the case may be, paragraph 7A or paragraph 7B”;
c
in paragraph (3) of regulation 23 (miscellaneous provisions), by the insertion after the words “paragraph 6(3) or 7(2)(a) of Schedule 1” of the words “or sub-paragraph (2) of paragraph 7A of that Schedule (including a notification given under that sub-paragraph pursuant to paragraph 7B(2) of that Schedule)”;
d
in paragraph 7 of Schedule 1 —
i
in sub-paragraph (1), by the substitution for the words “This paragraph” of the words “Subject to sub-paragraph (1A), this paragraph”; and
ii
by the insertion, after sub-paragraph (1), of the following —
1A
Except as provided in paragraph 9(2), this paragraph does not apply in a case to which paragraph 7A or 7B applies.
;
e
by the insertion, after paragraph 7 of Schedule 1, of the paragraphs set out in regulation 3 below;
f
in paragraph 8(a) of Schedule 1, by the substitution, for the words “paragraphs 6(1) to (5) and 7(1) and (3)”, of the words “paragraphs 6(1) to (5), 7(1) and (3), 7A(1)(d) and (5) and 7B(1)(b)”; and
g
by the substitution, for paragraph 9 of Schedule 1, of the following —
9
1
More than one adjustment of amounts paid or payable under a demand notice may be made under this Part as the circumstances require.
2
Where a further adjustment falls to be made under this Part after the service of a transitional adjustment notice pursuant to paragraph 7A or 7B —
a
paragraph 7 shall apply as if (so far as the context permits) references to the demand notice and to amounts in respect of instalments payable under it were references to the transitional adjustment notice and to the remaining instalments payable under it; and
b
in calculating the aggregate amount of instalments payable under a demand notice before the adjustment day for the purposes of sub-paragraphs (4) and (5) of that paragraph in consequence of the revised estimate mentioned in sub-paragraph (3), and without prejudice to sub-paragraph (6) of paragraph 7, there shall not count as so payable any amount in respect of such instalments which has fallen to be repaid (or credited) under paragraph 7A or 7B, as the case may be.
.
3
The paragraphs referred to in regulation 2(e) are —
7A
1
This paragraph applies where —
a
the demand notice has been served on a ratepayer by a charging authority;
b
the authority’s estimate under regulation 6(1) for the purposes of the notice ( “the original estimate”) was made before the coming into force of sections 1 to 3 of the 1992 Act;
c
the original estimate is, in consequence of that Act, shown to be false;
d
the event mentioned in paragraph 6(1) above has not occurred as regards the hereditament to which the demand notice relates; and
e
no notice has been served under paragraph 7(2).
2
The charging authority shall as soon as practicable after the day on which sections 1 to 3 of the 1992 Act come into force —
a
adjust the instalments payable on or after the transitional adjustment day ( “the remaining instalments”) so that they accord with the instalments which would have been payable under the demand notice if —
i
those sections had been in force when the original estimate was made; and
ii
that estimate had been made with reference to that Act; and
b
serve a notice (“transitional adjustment notice”) on the ratepayer which is to state —
i
that it takes account of the 1992 Act;
ii
the amount of the original estimate;
iii
the amount of the estimate mentioned in sub-paragraph (5) (“the 1992 Act estimate”);
iv
the amount of the difference between the amounts of the original estimate and the 1992 estimate;
v
the amount of the instalments which would have been payable under the demand notice if sections 1 to 3 of the 1992 Act had been in force when the original estimate was made and that estimate had been made with reference to that Act;
vi
the amount of each remaining instalment;
vii
the day on which each such instalment is payable, being such of the days specified in the demand notice as fall after the transitional adjustment day; and
viii
the amount of any excess determined in accordance with sub-paragraph (7).
3
A transitional adjustment notice shall be served at least 14 clear days before the day on which an instalment falls to be paid under the demand notice.
4
The statement required to be given by sub-paragraph (2)(b)(i) shall be in the following terms —
This notice takes account of savings on your rates bill announced in the Budget and made by the Non-Domestic Rating Act 1992.
.
5
The amount referred to in sub-paragraph (2)(b)(iii) is the revised estimate of the charging authority of the amount payable for the relevant year in relation to the hereditament, having regard to sections 1 to 3 of the 1992 Act and made on the assumption mentioned in paragraph (1) of regulation 6 and as if the notice mentioned in that paragraph were the transitional adjustment notice.
6
For the purposes of sub-paragraph (2), where the demand notice relates to more than one hereditament, references to the amount of the original estimate and the amount of the 1992 Act estimate shall be construed as references to the aggregate of the amount of the original estimates and the aggregate of the amounts of the 1992 Act estimates respectively.
7
Insofar as the aggregate of any amounts paid (by reference to the original estimate) before the day on which the transitional adjustment notice is issued exceeds the aggregate of the amounts that would have been payable before that day if the original estimate had been the same as the 1992 Act estimate, the amount of the excess —
a
shall be repaid if the ratepayer so requires;
b
in any other case, shall (as the charging authority determines) either be repaid or be credited against any subsequent liability of the ratepayer to pay anything to the charging authority by way of non-domestic rate.
8
In this paragraph “the transitional adjustment day” means the day 14 days after the day on which the transitional adjustment notice is issued.
9
A transitional adjustment notice need not be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.
7B
1
This paragraph applies where —
a
the events mentioned in paragraph 7A(1)(a) to (c) have occurred;
b
the event mentioned in paragraph 6(1) has not occurred as regards the hereditament to which the demand notice relates; and
c
a notice has been served in accordance with paragraph 7(2).
2
Sub-paragraphs (2) to (9) of paragraph 7A shall apply in a case to which this paragraph applies as if —
a
for the reference in paragraph (a) of sub-paragraph (2) to the demand notice there were substituted a reference to the demand notice and any notice given under paragraph 7(2) in relation to the demand notice;
b
for references in paragraph (b)(ii) and (iv) of sub-paragraph (2) and in sub-paragraph (6) to the original estimate there were substituted references to the revised estimate of which notice has been given under paragraph 7(2) (or, if there has been more than one revised estimate, the last);
c
for paragraph (b)(v) of sub-paragraph (2) there were substituted the following —
v
the amount of the instalments which would have been payable under the demand notice and any notice given under paragraph 7(2) in relation to the demand notice if sections 1 to 3 of the 1992 Act had been in force when the original estimate was made and that estimate had been made with reference to those sections;
; and
d
in sub-paragraph (6), for the reference to the demand notice there were substituted a reference to the demand notice and any notice given under paragraph 7(2) in relation to the demand notice; and
e
in sub-paragraph (7), after the words “by reference to the original estimate”, there were inserted the words “and any revised estimate of which notice has been given under paragraph 7(2)”.
Michael Howard
Secretary of State for the Environment
25th June 1992
David Hunt
Secretary of State for Wales
23rd June 1992


text:
Citation and commencement
1
These Rules may be cited as the Patents (Amendment) Rules 1992 and shall come into force as respects rules 1 to 9, 11, 12, 13 and 15 on 1st June 1992, and as respects rules 10 and 14 on 1st July 1992.
2
The Patents Rules 1990 are amended as set out in rules 3 to 15 below.
3
For rule 22 there shall be substituted the following —
Unity of invention
22
1
Without prejudice to the generality of section 14(5)(d), where two or more inventions are claimed (whether in a single claim or in separate claims), and there exists between or among those inventions a technical relationship which involves one or more of the same or corresponding special technical features, then those inventions shall be treated as being so linked as to form a single inventive concept for the purposes of the Act.
2
In this rule, “special technical features” means those technical features which define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
.
4
In paragraph (2) of rule 33, there shall be substituted for the words “and paragraphs (3) and (4) below” the words “and paragraphs (3) and (5) below”.
5
For paragraph (1) of rule 34, there shall be substituted the following paragraphs —
1
Subject to the provisions of paragraph (2) below and of rule 83(3), for the purposes of sections 18(4) and 20(1), the period within which an application for a patent shall comply with the Act and these Rules —
a
subject to sub-paragraphs (b) and (c) hereof and paragraph (1A) below, shall be —
i
the period of four years and six months calculated from its declared priority date or, where there is no declared priority date, from the date of filing of the application; or
ii
the period of twelve months calculated from the date the first report under section 18 in respect of that application is sent to the applicant,
whichever expires the later;
b
in the case of a new application for a patent arising from and made in accordance with an order of the comptroller under section 8(3), 12(6) or 37(4), shall be —
i
the period of four years and six months calculated from the declared priority date for the earlier application or, where there is no such declared priority date, the date of filing of the earlier application; or
ii
the period of eighteen months calculated from the actual date of filing of the application,
whichever expires the later;
c
subject to paragraph (1A) below, in the case of a new application under section 15(4), shall be —
i
the period of four years and six months calculated from its declared priority date or, where there is no declared priority date, from the date of filing of the earlier application; or
ii
the period of twelve months calculated from the date the first report under section 18 in respect of the earlier application is sent to the applicant,
whichever expires the later.
1A
Where the first report under section 18 is not sent to the applicant before the expiry of the periods prescribed by sub-paragraphs (a)(i) and (c)(i) of paragraph (1) above, those periods shall be extended to the date that report is sent to the applicant and the periods specified by sub-paragraphs (a)(ii) and (c)(ii) of paragraph (1) shall then apply.
.
6
In rule 48, there shall be substituted for the words “the appropriate fee” the words “the prescribed fee, if any”.
7
In rule 49, there shall be inserted in paragraph (1) after the words “the prescribed fee” the words “, if any,” and in paragraph (2) there shall be substituted for the words “the appropriate fee” the words “the prescribed fee, if any”.
8
In paragraph (2) of rule 52, there shall be substituted for the words “the appropriate fee” the words “the prescribed fee, if any”.
9
For paragraph (3) of rule 83, there shall be substituted the following paragraph —
3
The periods prescribed for the purposes of sections 18(4) and 20(1) by paragraphs (1)(a), (1A) (insofar as paragraph (1A) applies to paragraph (1)(a)) and (2) of rule 34 above shall also apply to an application for a European patent ( UK ) which is to be treated as an application for a patent under the Act, except that any reference to the date of filing of the application in paragraph (1)(a) of the said rule 34 shall be taken to refer to the date of filing of the application for the European patent (UK).
.
10
In rule 85 —
a
in paragraph (4) the words “paragraph (5A) below,” shall be inserted between the words “under” and “rule 100”;
b
in paragraph (5) the following shall be inserted after sub-paragraph (b) —
; and,
c
where a title has been established by the International Searching Authority under rule 37.2 of the Regulations under the Patent Cooperation Treaty which differs from the title included in the application as originally filed, shall include the former title in place of the latter.
;
c
the following paragraph shall be inserted after paragraph (5) —
5A
Where an applicant is required to file a translation into English both of an application as originally filed and of the amendment to it, in accordance with paragraph (5) above, in order to satisfy the relevant conditions of section 89A(3) and (5) and at the expiry of the relevant period referred to in paragraph (1) above the prescribed fee has been paid and one but not both of the necessary translations has been filed —
a
the comptroller shall give notice to the applicant at the address furnished by the applicant in accordance with rule 30 requiring the applicant to file the required translation within the period of one month commencing on the day on which the notice is sent; and
b
the relevant period shall be treated in respect of that translation as not expiring until the end of the period specified in the notice given under sub-paragraph (a) above.
.
11
In rule 93, there shall be substituted in each case for the words “the appropriate prescribed fee” in paragraph (1) and for the words “the appropriate fee” in paragraph (2), the words “the prescribed fee, if any”.
12
In paragraph (4) of rule 108 there shall be substituted for the words “within two months” the words “within one month”.
13
In paragraph (3) of rule 110 —
a
the reference to rule 85(1) and (7) shall be replaced by a reference to rule 85(1), (5A) and (7);
b
the words “paragraph (6) below,” shall be omitted.
14
In rule 118 —
a
the word “Payment” at the beginning of each of paragraphs (1), (2) and (3) shall be replaced with —
“Subject to paragraph (4) below, payment”;
b
in paragraph (2) the following words shall be inserted after the word “Regulations” —
“in respect of designations made under rule 4.9(a) thereof”;
c
the following paragraph shall be inserted after paragraph (2) —
2A
Payment of designation fees and of confirmation fees referred to in rule 15.5(a) in respect of designations made under rule 4.9(b) of the said Regulations shall be made to the Patent Office in the respective amounts provided for in rule 15.2(b) and rule 15.5(a) thereof not later than 15 months after the date to be treated by virtue of section 89B(1)(b) as the declared priority date, or, where there is no declared priority date, the date on which the application to which they relate is filed at the Patent Office.
;
d
the following paragraph shall be inserted after paragraph (3) —
4
Where payment of a fee pursuant to paragraphs (1), (2) and (3) above has not been made to the Patent Office, in the case of transmittal, basic and designation fees, within the periods prescribed by paragraphs (1) and (2) above, and in the case of search fees, within the period referred to in rule 16.1(f) of the said Regulations (“the specified period”) —
a
the Patent Office shall give notice to the applicant requiring the applicant to pay the Patent Office the outstanding fee and a late payment fee calculated in accordance with rule 16bis.2 of the said Regulations within the period of one month commencing on the date on which the notice is sent to the applicant; and
b
the specified period shall be treated in respect of the outstanding fee as not expiring until the end of the one month period referred to in sub-paragraph (a) above.
15
In Schedule 2 —
a
the word “Where,” at the beginning of paragraph 3(1) shall be replaced with —
“Subject to sub-paragraph (2A) below, where,”;
b
the following sub-paragraph shall be inserted after sub-paragraph (2) —
2A
Where, for the purpose set out in sub-paragraph (1) above, an applicant for an international application for a patent (UK) gives notice in writing to the International Bureau under rule 13bis.3 of the Regulations under the Patent Cooperation Treaty before the technical preparations for international publication of the application are complete of his intention that a sample of the micro-organism should be made available only to an expert, he shall be treated by the comptroller for the purposes of this paragraph as having complied with the conditions in sub-paragraph (1) above and sub-paragraph (2)(a) above shall not apply.
.
T. Sainsbury
Minister for Industry,
Department of Trade and Industry
11th May 1992


text:
1
This Order may be cited as the Gipsy Encampments (City of Cambridge) Order 1992 and shall come into force on 18th March 1992.
2
The area of the City of Cambridge is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Michael Heseltine
Secretary of State for the Environment
19th February 1992


text:
1
1
This Order may be cited as the Combined Probation Areas (Dyfed) Order 1992.
2
This Order shall come into force on 1st April 1993 save that, for the purpose of making appointments to the probation committee for the Dyfed Probation Area to take effect on that date, this Order shall come into force forthwith.
2
In column 3 of the entry relating to the Dyfed Probation Area in Schedule 2 to the Combined Probation Areas Order 1986 , the numbers “2”, “3” and “4” shall be replaced by the number “1” except in the case of the number “3” opposite to the entry for the Llanelli petty sessions area which shall be replaced by the number “2”.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd September 1992


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the new A564 trunk road with the A38 Trunk Road at Burnaston in the County of Derbyshire (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to bespecified in a notice given by the Secretary of State to the County Council of Derbyshire. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM73 marked “The A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass) (Burnaston Slip Roads) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the slip roads” has the meaning given in article 1 of this Order;
iii
“the roundabout” has the meaning given in item 1 in the Schedule to this Order;
iv
“the new A564 trunk road” means the main new trunk road as defined in article 1 of the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) ( No. 1) Order 1992; and
v
“the A38 Trunk Road” means the A38 Exeter — Leeds Trunk Road.
5
This Order shall come into force on 14th February 1992 and may be cited as the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass) (Burnaston Slip Roads) Order 1992.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992


text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1992 and shall come into force on 6th November 1992.
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing amount Substituted amount
12(3) £32.40 £34.70 £17.60 £17.90 16(1) £16.40 £17.60 £9.50 £9.70 16(2) £32.40 £34.70 £17.60 £17.90 34(1) £13.60 £13.90 41(1) £9.30 £9.50
Signed by authority of the Secretary of State for Transport.
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
14th October 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 4) Order 1992 and shall come into force on 22nd August 1992.
2
In this Order “the principal Order ” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment to the principal Order
2
The principal Order shall be amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , Council Regulation (EEC) No. 4193/88 , Council Regulation (EEC) No. 2220/89 , Council Regulation (EEC) No. 4056/89 , Council Regulation (EEC) No. 3500/91 , Council Regulation (EEC) No. 345/92 , Council Regulation (EEC) No. 1465/92 and Council Regulation (EEC) No. 2120/92 ;
.
Revocation
3
The Sea Fishing (Enforcement of Community Conservation Measures)(Amendment) (No. 3) Order 1992 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
20th August 1992.
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
17th August 1992
Wyn Roberts
Minister of State, Welsh Office
18th August 1992
Patrick Mayhew
Secretary of State for Northern Ireland
17th August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Isle of Wight Community Healthcare National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that );
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Isle of Wight Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Isle of Wight Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Frank James Hospital, Adelaide Grove, East Cowes, Isle of Wight PO30 3EB, and associated hospitals and ambulance and patient transport services;
b
to manage community health services and ambulance and patients' transport services provided from Whitecroft, Sandy Lane, Newport, Isle of Wight PO30 3EB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Isle of Wight Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Isle of Wight 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 Isle of Wight Community Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Education (Higher Education Corporations) (No. 8) Order 1992 and shall come into force on 30th September 1992.
2
There shall be established on 30th September 1992 —
a
a body corporate to be known as Wimbledon School of Art to conduct the institution known by that name from 1st April 1993; and
b
a body corporate to be known as Kent College for the Careers Service to conduct the institution known by that name from 1st April 1993,
being in each case institutions which appear to the Secretary of State to satisfy the criteria set out in section 122(1) of the Education Reform Act 1988.
3
1st April 1993 is hereby appointed as the transfer date for each such corporation for the purposes of section 126 of that Act.
John Patten
Secretary of State for Education
3rd September 1992


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1992 and shall come into force on 22nd March 1992.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1992.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
5th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Caithness and Sutherland National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Caithness and Sutherland 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 Caithness and Sutherland National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as Caithness General Hospital and the Town and Country Hospital, both Wick, Dunbar Hospital, Thurso, Lawson Memorial Hospital and Cambusavie Unit, Golspie and Migdale Hospital, Bonar Bridge, and establishments associated with these hospitals, including management of the facilities provided at and from those establishments, and also including the management of the teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Highland Health Board 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 Highland Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Highland Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State,
Scottish Office St Andrew’s House,
Edinburgh
22nd December 1992


text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Third-Party Risks Deposits) Regulations 1992, and shall come into force on 1st July 1992.
Revocation
2
The Motor Vehicles (Third-Party Risks Deposits) Regulations 1967 are hereby revoked.
Interpretation
3
In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them —
“ the Act ” means the Road Traffic Act 1988;
“the Accountant General” means the Accountant General of the Supreme Court;
“basic account” means a deposit account bearing interest;
“the court” means the High Court;
“the depositor” has the meaning assigned thereto in regulation 4 of these Regulations;
“permitted securities” means the securities specified in Part I, paragraphs 1 to 10A and 12 of Part II, and paragraphs 2 and 3 of Part III, of Schedule 1 to the Trustee Investments Act 1961 , as supplemented by Part IV of that Schedule;
“the prescribed sum” means the sum for the time being specified in section 144(1) of the Act; and
“the Secretary of State” means the Secretary of State for Transport.
Deposits
4
Any person wishing to deposit with the Accountant General the prescribed sum, or to increase the deposit already made to the prescribed sum, or any person wishing to deposit with the Accountant General the sum of £15,000 in pursuance of section 146(2) of the Act, may apply to the Secretary of State for a warrant which shall be a sufficient authority for the Accountant General to issue a direction for lodgment into court by the person named in the warrant (hereinafter referred to as “the depositor”) of the said prescribed sum, or of sufficient sum to increase the deposit already made to the prescribed sum, or the said sum of £15,000, which shall be credited in the books of the Accountant General to an account entitled ex parte the depositor, in respect of the Act:
Provided that in lieu, wholly or in part, of the deposit of money the depositor may deposit an equivalent amount of securities in which cash under the control of or subject to the order of the court may for the time being be invested (the value thereof being taken at a price as near as may be to, but not exceeding, the current market price) and in that case the Secretary of State shall vary his warrant accordingly.
Investment
5
1
Any money deposited shall be —
a
invested by the Accountant General in such permitted securities as the depositor may in writing request, or
b
in the absence of such request, placed to a basic account.
2
Any interest, dividend or income accruing due on money or securities deposited with the court under the last preceding regulation shall, subject to any order of the court, be paid to the depositor at his request.
3
This regulation shall apply to any deposit made, or having effect as if made, in pursuance of sections 144(1) or 146(2) of the Act, whether under these Regulations or any preceding Rules or Regulations.
Withdrawal of deposits
6
In any case where it may be just and equitable so to do, and in particular in any of the following cases, that is to say —
a
where a person who has made a deposit in pursuance of section 144(1) of the Act, or having effect as if made in pursuance of that section, complies, or satisfies the Accountant General that he intends to comply, in some other manner, whether by way of insurance or otherwise, with the provisions of Part VI of the Act,
b
where —
i
a person who has made such a deposit as aforesaid ceases to own, or to control the use of, a motor vehicle, or
ii
a person who has made a deposit in pursuance of section 146(2) of the Act, or having effect as if made in pursuance of that section, has ceased altogether to carry on in the United Kingdom the business of giving securities under Part VI of the Act,
and in either case all liabilities in respect of which money or securities were deposited in court have been satisfied or otherwise provided for,
the Secretary of State may, on the application of any such person, authorise the Accountant General to pay or transfer any money or securities deposited with him to such person as aforesaid or otherwise as the Accountant General may direct.
Warrants
7
The issue of any warrant under regulation 4 of these Regulations or any error in any such warrant, or in relation thereto, shall not render the Secretary of State or the person signing the warrant on his behalf, in any manner liable for or in respect of any money or security deposited in court, or any securities for the time being representing the same, or the interest, dividends or income accruing due thereon.
Application of Court Funds Rules
8
Subject to the foregoing Regulations, the relevant provisions of the Court Funds Rules 1987 shall apply to deposits made, or having effect as if made, in pursuance of section 144(1) or section 146(2) of the Act, whether under these Regulations or any preceding Rules or Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
3rd June 1992