text:
Citation and commencement
1
These Regulations may be cited as the Boiler (Efficiency) Regulations 1993 and, except as respects regulation 9, come into force on 1st January 1994; regulation 9 comes into force on 1st January 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires “appliance” means —
a
a boiler body designed to have a burner fitted, or
b
a burner designed to be fitted to a boiler body;
“average temperature of the boiler water” means the average of the water temperatures at the entry and exit of the boiler;
“boiler” means a hot water boiler comprising an assembly of a boiler body designed to have a burner fitted and a burner designed to be fitted to a boiler body which —
is designed to transmit the heat obtained from burning fuel to water,
is designed to be fired by liquid or gaseous fuels,
has an effective rated output of not less than 4 kW and not more than 400kW,
is designed to have an exit temperature for the water of less than 105oC;
“the Community” means the European Economic Community;
“the Directive” means Council Directive 92/42/ EEC concerning efficiency requirements for new hot water boilers fired with liquid or gaseous fuels;
“ EC mark”, except in relation to regulations 5(2)(d), 6(2)(d) and 7(1)(a)(ii), means a mark consisting of the symbol “CE” as described and shown in Schedule 1, and in those regulations means a mark consisting of the symbol “CE”;
“effective rated output” expressed in kW, means the maximum calorific output laid down and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;
“efficiency requirements” means —
in relation to a boiler, the useful efficiency requirements specified in Schedule 2 for a boiler of that description; and
in relation to an appliance, the useful efficiency requirements specified in Schedule 2 for a boiler of the description of which that appliance is designed to form part;
“gas condensing boiler” means a gas fired boiler designed continuously to condense in normal operation a large part of the water vapour contained in the combustion gases;
“gas appliances Directive” means Council Directive 90/396/EEC on the approximation of the laws of Member States relating to appliances burning gaseous fuels;
“gaseous fuel” means any fuel which is a gas at a temperature of 15oC at a pressure of 1 bar absolute;
“harmonised standard” means any standard drawn up under mandate from the Commission in accordance with Directives 83/189/EEC and 88/182/EEC relevant for the purposes of the Directive and of the gas appliances Directive —
the reference number of which has been published in the Official Journal of the European Communities; and
in respect of which a Member State has published the reference number of a relevant national standard transposing the standard so drawn up;
“low temperature boiler” means a boiler which can work continuously with a water supply temperature of 35 to 40OC, possibly producing condensation in certain circumstances, including condensing boilers using liquid fuel;
“notified body” means a body approved by the Secretary of State in accordance with regulation 8 to perform the functions of a notified body under these Regulations or by another Member State to perform the functions of a notified body under any legislation of that State implementing the Directive;
“part load”, expressed in percentage terms, means the ratio between the effective output of a boiler operating intermittently or at an output lower than the effective rated output and the same effective rated output;
“standard boiler” means a boiler for which the average water temperature can be restricted by design;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;
“useful efficiency”, expressed in percentage terms, means the ratio between the heat output transmitted to the boiler water and the product of the net calorific value at constant fuel pressure and the consumption expressed as a quantity of fuel per unit time.
2
Any word or expression used, but not defined, in these Regulations which is also used in the Directive has, in these Regulations, the meaning it has in the Directive.
3
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number, and
b
any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph which bears that number in that regulation or Schedule.
4
References in these Regulations to complying with or conforming to the requirements of these Regulations, in relation to acts done within the territory of a Member State other than the United Kingdom, are references to complying with or conforming to the requirements of the legislation of that State implementing the Directive, or, if there is no such legislation, of the Directive.
Boilers and appliances to which the Regulations do not apply
3
These Regulations do not apply in respect of boilers and appliances specified in Schedule 3.
Supply of boilers
4
1
Subject to the following provisions of these Regulations, no person shall supply or put into service a new boiler which does not satisfy the efficiency requirements.
2
A boiler with a dual function, that of heating premises and also providing sanitary hot water, satisfies the efficiency requirements if those requirements are satisfied in respect of its heating function only.
Efficiency requirements for boilers
5
1
Subject to the following provisions of these Regulations and without prejudice to other methods of satisfying the efficiency requirements, a boiler is deemed to satisfy the efficiency requirements if —
a
it complies with any relevant harmonised standard for boilers; and
b
it bears the EC mark affixed in a visible, easily legible and indelible manner and is accompanied by an EC declaration of conformity.
2
An EC declaration of conformity, in relation to a series produced boiler, is a declaration by the manufacturer or his authorised representative established in the Community which —
a
attests to the conformity of the boiler to the requirements of these Regulations,
b
certifies that the boiler is of a type which has been examined and certified by a notified body in accordance with the procedures specified in Schedule 4,
c
declares that the manufacturer or such a representative has, in accordance with the requirements specified in Part I, II or III of Schedule 5, ensured that the boiler conforms to that type, and
d
where the boiler is also subject to one or more Community Directives (other than the Directive) which provide for the affixing of an EC mark and allow the manufacturer during a transitional period to choose which arrangements to apply, specifies in respect of which of those Directives the EC mark, if affixed during that period, indicates conformity.
3
No person shall issue an EC declaration of conformity in respect of a boiler unless the efficiency requirements are satisfied in respect of that boiler.
4
The verification methods for production and measurement of boilers shall be those provided for in the harmonised standards.
5
The procedures for assessing the conformity of the efficiency of boilers burning gaseous fuels with the efficiency requirements are those used to assess the conformity of such boilers with the essential requirements specified in Schedule 3 to the Gas Appliances (Safety) Regulations 1992 .
6
Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.
Supply of appliances
6
1
No person shall supply or put into service a new appliance unless it —
a
bears the EC mark affixed in a visible, easily legible and indelible manner; and
b
is accompanied by an EC declaration of conformity.
2
An EC declaration of conformity, in relation to an appliance —
a
attests to the conformity of the appliance to the requirements of these Regulations,
b
defines the parameters for assembly and use of the appliance which will enable a boiler of which the appliance forms part, in service, to satisfy the efficiency requirements,
c
certifies that after assembly the resulting boiler will satisfy the efficiency requirements, whether by compliance with the procedures in Schedule 4 and the requirements of Part I, II or III of Schedule 5 or otherwise, and
d
where the appliance is also subject to one or more Community Directives (other than the Directive) which provide for the affixing of an EC mark and allows the manufacturer during a transitional period to choose which arrangements to apply, specifies in respect of which of those Directives the EC mark, if affixed during that period, indicates conformity
3
No person shall give an EC declaration of conformity in respect of an appliance unless, after assembly, the resulting boiler will satisfy the efficiency requirements.
4
Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.
The EC mark
7
1
No person shall affix or cause to be affixed to a boiler or appliance —
a
an EC mark, where the boiler or appliance does not comply with
i
the efficiency requirements, or
ii
any applicable provision of any other Community Directive concerning other aspects which provides for the affixing of an EC mark and to which the boiler or appliance is subject, or
b
any marking likely to deceive a third party as to the meaning and form of the EC mark, or
c
any marking which reduces the visibility and legibility of the EC mark.
2
Before 1st January 1995, paragraph (1) shall have effect as if for sub-paragraph (b) there were substituted: “(b) any mark, sign or indication reasonably likely to be confused with the EC mark,” and as if in sub-paragraph (a)
i
the word “and” and sub-paragraph (a)
ii
were omitted.
Notified bodies
8
1
The Secretary of State may approve a body which meets the requirements in Part I of Schedule 6 to perform the functions conferred on notified bodies by these Regulations, and shall notify the name of any body so approved to the Commission of the European Communities and to other Member States.
2
Any such approval —
a
may be given for an unlimited period or for a specified period; and
b
shall be given subject to conditions which meet the requirements in Part II of Schedule 6, and the Secretary of State shall withdraw an approval if the body ceases to satisfy or comply with such a condition or ceases to satisfy the criteria in Schedule 6.
3
A notified body may require a fee to be paid by the manufacturer or his authorised representative in connection with the performance by that body of any function under these Regulations, and in any case the fee shall not exceed the sum of —
a
the costs of the notified body in connection with the functions carried out or to be carried out by the body under these Regulations; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the nature and extent of the work done or to be done by the notified body in connection with the performance of that function; and
ii
the commercial rate normally charged in respect of profit for that work or similar work.
4
A body which satisfies the criteria laid down in the corresponding harmonised standards shall be deemed to comply with the criteria specified in Schedule 6.
Failure to comply with Regulations: powers of notified bodies
9
1
Where during or after the carrying out of any function under Schedule 4 or 5 the notified body is satisfied that the EC mark has been wrongly affixed to a boiler or appliance, it shall give notice in writing of that fact to the manufacturer or his authorised representative established within the Community.
2
The notice referred to in paragraph (1) shall —
a
specify the description of boiler or appliance to which the notice relates, and
b
give details of the failure to comply with the requirements of these Regulations.
3
The notice referred to in paragraph (1) shall require the person to whom it is addressed —
a
to secure that any boiler or appliance to which the notice relates is altered so that it complies with the requirements of these Regulations, and
b
to take all appropriate steps to secure that no other such boiler or appliance is put into service unless it complies with the requirements of these Regulations.
4
Where a notified body has served a notice referred to in paragraph (1), it may include within the notice a statement that unless, within a specified period, steps are taken to ensure compliance with the requirements of these Regulations of any appliance or boiler to which the notice relates —
a
any EC type-examination certificate issued under Schedule 4,
b
any decision by a notified body that the requirements of Parts II and III of Schedule 5 are met, or
c
any approval of a quality system given in accordance with Parts II and III of Schedule 5, will be suspended from the date specified in the notice.
5
A notice under this regulation shall give reasons for any decision conveyed in it.
6
Where a notice referred to in paragraph (1) has been given and any period referred to in that notice has elapsed, no person shall supply a boiler or appliance of the description to which the notice relates unless compliance with the requirements of these Regulations has been secured.
Optional marking of products to indicate energy performance
10
1
The manufacturer of a boiler or his authorised representative may label a new boiler as provided for in Schedule 7, and any such label shall be affixed in a visible, easily legible and indelible manner.
2
No person shall affix or cause to be affixed to a boiler a label provided for in paragraph (1) except in accordance with the requirements of Schedule 7.
3
No person shall affix or cause to be affixed to a boiler a label reasonably likely to be confused with a label provided for in paragraph (1).
Requirement to keep information about boilers etc
11
1
The manufacturer of a boiler or appliance or his authorised representative shall for a period of 10 years from the last date of manufacture of that boiler or appliance keep at the disposal of the Secretary of State in respect of that boiler or appliance —
a
the technical documents specified in paragraph 3 of Schedule 4 which accompanied his application to a notified body;
b
a copy of any EC type-examination certificate issued by a notified body in accordance with Schedule 4, and any addition to such a certificate;
c
a copy of any declaration of conformity given by a manufacturer in accordance with Part I of Schedule 5;
d
a copy of any document concerning the quality system lodged with a notified body in accordance with paragraph 6(1) or 10(1) of Schedule 5;
e
a copy of any notification given to a notified body in accordance with paragraph 6(9) or 11(7) of Schedule 5 informing that body of a proposed change in the quality system;
f
a copy of any decision regarding a proposed change to the quality system notified by the notified body to the manufacturer in accordance with paragraph 6(11) or 11(9) of Schedule 5;
g
a copy of any report of an audit carried out by the notified body in accordance with paragraph 7(3) or 12(3) of Schedule 5;
h
a copy of any report of a visit or test provided by a notified body in accordance with paragraph 7(4) or 12(4) of Schedule 5.
2
Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the documents referred to in paragraph (1)(a) is the responsibility of the person who places the product on the market.
Enforcement
12
It shall be the duty of —
a
a weights and measures authority, in England,
b
a county council, in Wales,
c
an islands or regional council, in Scotland,
d
the Department of Economic Development in Northern Ireland, to enforce these Regulations in their area.
Offences and penalties
13
1
It shall be an offence triable summarily to contravene regulation 4(1), 5(3), 6(1) or (3), 7(1)(a), (b) or (c), 9(6), 10(2) or (3) or 11(1).
2
A person guilty of an offence under this regulation shall be liable on conviction, in the case of a contravention of regulation 11(1), to a fine not exceeding level 3 on the standard scale and in Northern Ireland to a fine not exceeding £400, and, in the case of a contravention of any other provision specified in paragraph (1), to a fine not exceeding level 5 on the standard scale and in Northern Ireland to a fine not exceeding £2000.
Defences.
14
1
In any proceedings against any person for the offence of contravening regulation 4(1), 6(1) or 9(6), it shall be a defence for that person to show that —
a
he reasonably believed that the boiler or appliance would not be put into service in the Community; or
b
at the time the boiler or appliance was supplied or put into service he neither knew or had reasonable grounds for believing that the efficiency requirements were not satisfied by the boiler or appliance in question; or
c
the terms on which the boiler or appliance was supplied or put into service indicated that it was not supplied or to be supplied as new.
2
Subject to paragraphs (3) to (5), in proceedings against a person for an offence under regulation 13 it shall be a defence for a person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
3
Where in any proceedings against any person for such an offence the defence provided by paragraph (2) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another, that person shall not, without leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings, he has served a notice under paragraph (4) on the person bringing the proceedings.
4
A person serving a notice under this paragraph shall give such information identifying or assisting in the identification of the person who is alleged to have committed the act or default or to have given the information as is in the possession of the person serving the notice at the time he serves it.
5
A person shall not be entitled to rely on the defence provided by paragraph (2) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of a person other than principal offender
15
1
Where the commission by any person of an offence under regulation 13 is due to an act or default committed by some other person in the course of any business of that other person, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under regulation 13 (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In Scotland, where a partnership is guilty of an offence under regulation 13 (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Transitional provisions
16
Nothing in these Regulations shall prevent the supply or putting into service before 1st January 1998 of boilers or appliances which comply with national rules and schemes in force within the United Kingdom on 21st May 1992. John Selwyn Gummer 9th December 1993The Secretary of State for the Environment


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Foundation of Mid Staffordshire National Health Service Trust (Change of Name) Order 1993 and shall come into force on 28th June 1993.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Mental Health Foundation of Mid Staffordshire National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the NHS trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Foundation National Health Service Trust instead of the Mental Health Foundation of Mid Staffordshire National Health Service Trust, and accordingly in article 1(2) of the Order in the definition of “the trust” and in article 2 of the Order the words “Mental Health” and “of Mid Staffordshire” shall be omitted.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancaster Acute Hospitals National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 24th November 1993.
2
In this Order–
“the Authority” means Lancaster Health Authority;
“the Trust” means the Lancaster Acute Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 11th June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
26th October 1993


text:
Citation
1
This Order may be cited as the Finance Act 1993, Section 18, (Appointed Day) Order 1993.
Appointed Day
2
The appointed day for the purposes of sub-section (2) of section 18 of the Finance Act 1993 (annual rates of duty on vehicles used for carrying or drawing exceptional loads) shall be 30th November 1993.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
7th October 1993


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) Order 1993 and shall come into force on 1st September 1993.
Interpretation
2
1
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“the Council Regulation ” means Council Regulation ( EEC ) No. 2241/87 establishing certain control measures for fishing activities , as amended by Council Regulation (EEC) No. 3483/88 ;
“the first Commission Regulation ” means Commission Regulation (EEC) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish , as read with the Commission communication of 29th January 1985 concerning the date of application of that Regulation , and as amended by the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and Commission Regulation (EEC) No.473/89 ;
“fishing boat” includes a receiving vessel and a third vessel, within the meaning in each case of the Council Regulation;
“foreign fishing boat” means a fishing boat which is not a British fishing boat;
“the second Commission Regulation” means Commission Regulation (EEC) No. 1382/87 establishing detailed rules concerning the inspection of fishing vessels .
2
Any reference in this Order to a numbered Schedule shall be construed as a reference to the Schedule bearing that number in this Order.
Offences
3
1
Where there is, in respect of —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any provision of the Council Regulation or second Commission Regulation specified in Schedule 1, as read with any qualifying words relating thereto in that Schedule, the master, owner, charterer (if any) and any other person responsible for the vessel, shall each be guilty of an offence.
2
Any person who in purported compliance with article 5, 6, 7 or 8 of the Council Regulation, as read with article 1, 2 or 3 of the first Commission Regulation, furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3(1) of this Order founded on a contravention of, or failure to comply with, a provision of the Council Regulation or the second Commission Regulation specified in column 1 of Schedule 1, as read with any qualifying words relating thereto in that Schedule, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 3 of that Schedule;
b
on conviction on indictment to a fine.
2
A person guilty of an offence under 3(1) of this Order founded on a contravention of, or failure to comply with, article 11(3), 11a(2), 11b(2) or 13 of the Council Regulation, as read with any qualifying words relating hereto in Schedule 1, shall also be liable —
a
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
b
to the forfeiture of any fish in respect of which the offence was committed, or to a fine not exceeding the value of any fish in respect of which the offence was committed.
3
A person guilty of an offence under article 3(2) of this Order shall be liable —
a
on summary conviction to a fine not exceeding £50,000;
b
on conviction on indictment to a fine.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, member of the crew, owner, charterer (if any) or any other person responsible for the vessel, who is convicted by the court of an offence under article 3 or 10 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, member of the crew, owner, charterer (if any) or any other person responsible for the vessel, who is convicted by the sheriff of an offence under article 3 or 10 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
if the boat is a foreign fishing boat, order it to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer may exercise in relation to —
a
any British fishing boat wherever it may be, or
b
any other fishing boat which is within British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner, charterer (if any) or any other person responsible for the vessel, has committed an offence under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
Any British sea-fishery officer may —
a
enter at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of any sea fish;
e
take copies of any such document.
2
If a justice of the peace is satisfied on information on oath that there is reasonable ground for suspecting that an offence under article 3 of this Order has been committed, and that evidence of the commission of such an offence is to be found on any such premises, he may issue a warrant in writing authorising a British sea-fishery officer to enter those premises, if necessary by force, at any time within fourteen days from the time of the issue of the warrant and search them; and any British sea-fishery officer who enters the premises under the authority of the warrant may —
a
take with him such other persons as appear to him to be necessary; and
b
seize and remove any documents or other things whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of such an offence.
3
In the application of paragraph (2) of this article to Scotland, the reference to a justice of the peace includes a reference to the sheriff and a stipendiary magistrate.
Powers of British sea-fishery officers to seize fish and fishing gear
8
Any British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, article 11(3), 11a(2) or 11b(2) of the Council Regulation has been committed; and
b
any fish caught with a net in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, article 13 of the Council Regulation has been committed; and
c
any net or other fishing gear —
i
in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order founded on a contravention of, or failure to comply with, article 13 of the Council Regulation has been committed, or
ii
which he has reasonable grounds to suspect has been used in committing any offence under article 3 of this Order founded on a contravention of, or failure to comply with, article 11(3) of the Council Regulation, or
iii
which he has reasonable grounds to suspect has been used for catching any fish in respect of which any offence under article 3 of this Order founded on a contravention of, or failure to comply with, article 11(3), 11a(2) or 11b(2) of the Council Regulation has been committed.
Protection of officers
9
A British sea-fishery officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of article 6, 7 or 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction etc.
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on him by virtue of article 6, 7 or 8 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
intentionally obstructs any such officer who is exercising any of those powers,
shall be guilty of an offence, and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
11
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
Proceedings for an offence under the provisions of this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and landing or trans-shipment declarations
12
Any logbook kept under article 5 of the Council Regulation and any declaration submitted under article 6 or 7 of the Council Regulation shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein, and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation
13
The Orders specified in Schedule 2 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
9th August 1993.
Ian Lang
Secretary of State, Scottish Office
10th August 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th August 1993
Patrick Mayhew
Secretary of State for Northern Ireland
6th August 1993


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1993 and shall come into force on the tenth day after the day on which it is made.
2
This Order extends to England and Wales only.
3
In this Order “ the Act ” means the Criminal Justice Act 1988 and “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
There shall be inserted in Schedule 1 to the principal Order, at the appropriate places in alphabetical order, the entries for those countries specified in the Schedule to this Order.
3
In the Appendix set out at the end of paragraph 21(f) of Schedule 2 to the principal Order (institution of proceedings) there shall be inserted before the entry for Italy the following entry —
India
a
when information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law;
b
when any allegation is made orally or in writing to a court of law that a person has committed an offence;
c
when a person is charged with an offence;
d
when any investigation or inquiry into the commission of any offence is directed by a court of law.
,
and the like amendment shall be made to the Appendix to section 102 of the Act as set out in Schedule 3 to the principal Order.
4
1
In the modification of section 102(11) of the Act (which defines when proceedings in a designated country are instituted) which is specified in paragraph 21(d) of Schedule 2 to the principal Order, there shall be inserted after paragraph (a) of the said section 102(11) the following paragraph —
aa
where no steps have been specified in relation thereto as mentioned in paragraph (a) above, when the defendant has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of an offence; or
;
and the like amendment shall be made to section 102(11) of the Act as set out in Schedule 3 to the principal Order.
2
In article 5(1) of the principal Order (evidence in relation to proceedings and orders in a designated country) there shall be inserted after sub-paragraph (a) the following sub-paragraph —
aa
in a case to which paragraph (aa) of section 102(11) of the Act, as modified by Schedule 2 to this Order, applies, that the defendant has been notified as specified in that paragraph;
.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (No.2) Regulations 1993 and shall come into force on 1st August 1994.
Revocation
2
The Education (Student Loans) Regulations 1993 and the Education (Student Loans) (Amendment) Regulations 1993 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwise requires–
“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration or a course for the degree of BA(Hons.) with Qualified Teacher Status awarded by St Martin’s College, Lancaster;
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read with regulation 4 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course–
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere)–
in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and
in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
“loan” means a loan (whether made before or after the coming into force of these Regulations) towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act, including the interest accrued on the loan and the amount of the loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child; and
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations any reference to a reg ulation is a reference to a regulation of these Regulations, any reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Conditions of eligibility
4
1
A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 199 4 if–
a
his course of study during that academic year forms part or all of–
i
a full-time course; or
ii
a course (whether or not full-time) for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962 ; and
b
i
he satisfies the conditions prescribed in the Schedule to these Regulations; or
ii
in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in Schedule 1 to the Students' Allowances (Scotland) Regulations 1991 ; or
iii
before the commencement of or at any time during that academic year he has been recognised as a refugee and from that time he has been ordinarily resident in the British Islands, or is the spouse or child of such a person; and
c
the loans administrator has received the certified eligibility form referred to in regulation 13(2)(g) or (3)(d) in connection with his application for the loan; and
d
he has agreed with the loans administrator to notify the latter promptly in writing if he ceases to attend his course–
i
because he has completed it on a date earlier than that specified by him in the eligibility form referred to in regulation 13(2)(d) and (3)(a); or
ii
otherwise than because he has completed it; and
e
he has agreed with the loans administrator to accept payment of the loan by direct credit to his bank or building society account and has provided the administrator with a signed direct debiting instruction in favour of the administrator in respect of repayments of the loan from that account; and
f
he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
g
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who–
a
before the date on which the course begins has attained the age of fifty years; or
b
is attending a course leading to registration in Part 12, 13, 14 or 15 of the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 and is eligible to receive payment of a bursary or salary out of funds paid by the Secretary of State under section 97 of the National Health Service Act 1977 or section 85(1) of the National Health Service (Scotland) Act 1978 ; or
c
in respect of his attendance at the course is eligible to receive an allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 ; or
d
is studying for the Postgraduate Certificate in Education as a participant in arrangements made by a local education authority for the training of teachers known as the “Articled Teachers Scheme”; or
e
is in breach of any obligation contained in any agreement for a loan; or
f
subject to paragraph (3) was under the age of 18 when any agreement for a loan was made with him and who has not ratified that agreement after attaining that age.
3
In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (f) of paragraph (2) shall apply only if–
a
the agreement referred to in that sub-paragraph was entered into before 25th September 1991; and
b
that agreement was made–
i
with the concurrence of the borrower’s curator; or
ii
at a time when the borrower had no curator.
4
A student shall not be eligible for a loan in relation to more than one academic year or more than one course beginning in any period of twelve months beginning on 1st August in any year.
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
Amounts of loans
6
1
Subject to paragraphs (3) to (5), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be–
a
if the year is the final year of the course, £670 if he resides at his parents' home, and £1,005 if he does not; and
b
if the year is any other year of the course £915 if he resides at his parents' home, and £1,375 if he does not.
2
Subject to paragraphs (3) to (5), in the case of any other student the maximum amount of the loan in relation to any academic year shall be–
a
if the year is the final year of the course, £670 if he resides at his parents' home, and £840 if he does not; and
b
if the year is any other year of the course, £915 if he resides at his parents' home, and £1,150 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £840 if the year is the final year of the course and £1,150 if it is not.
4
Where a student’s course is an accelerated course, paragraph (1)(a) shall have effect as if for £670 and £1,005 there were substituted £915 and £1,375 respectively and paragraph (2)(a) shall have effect as if for £670 and £840 there were substituted £915 and £1,150 respectively.
5
For the purposes of paragraphs (1) to (3), where a course for the Postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) is of only one academic year’s duration that year shall not be treated as a final year, and for the purposes of paragraphs (1) and (2) a student’s place of residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 13.
Interest
7
1
Notwithstanding the revocation of the Education (Student Loans) Regulations 1993 loans shall bear interest in respect of the period consisting of the month of August 1994 at the rate specified in regulation 7 of those regulations.
2
Loans shall bear interest in respect of any period commencing on or after 1st September 1994 at the rate specified in paragraphs (3) and (4), being the rate appearing to the Secretary of State to be requisite for maintaining the value of the loans in real terms.
3
That rate is the rate of interest per day which, in relation to a loan made on or after 1st September 1994, taking account of the addition of interest to the outstanding amount of the loan in accordance with regulation 8, will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980 which is equal to the percentage specified in paragraph (4).
4
That percentage is the percentage increase between the retail prices index published by the Central Statistical Office for March 1993 and the retail prices index so published for March 1994.
Time and manner of repayments
8
1
Subject to paragraph (2) and regulations 9 to 12 a borrower shall commence repayment of his loan on such day in the month of April next following the date on which he ceased to attend the course as the loans administrator may determine in his case (referred to below in this regulation as “the determined date”).
2
Where a borrower ceases to attend his course without completing it and on the first day thereafter on which it is reasonably practicable for him to do so begins to attend at the same institution another course which satisfies the requirements of regulation 4(1), paragraph (1) shall apply only in relation to the latter course.
3
Subject to regulations 9 to 12 repayments shall be made in 60 monthly instalments calculated in accordance with paragraphs (6) to (8) in the case of a borrower who has received a loan in relation to less than five academic years and in 84 such instalments calculated as aforesaid in all other cases.
4
Interest accrued on a loan shall be added to the loan at regular monthly intervals and thenceforth form part of the outstanding amount of the loan.
5
On or before the determined date, the amount of the monthly repayments shall be calculated in accordance with paragraph (6).
6
The amount of the loan outstanding on the first day of the month in which the determined date falls and of interest which will accrue during the period of repayment shall be divided by the number of repayments, and the amount so calculated shall be the amount of the monthly repayment until it is re-calculated in accordance with paragraph (7).
7
On 1st September next following the determined date, and on each subsequent 1st September until the loan has been repaid or cancelled, the amount of the loan outstanding on that date and of interest which will accrue during the remaining period of repayment shall be divided by the number of repayments still to be made and the amount so calculated shall be the amount of the monthly repayment.
8
For the purposes of calculating monthly repayments under paragraphs (6) and (7)–
a
no account shall be taken of any repayments due prior to the relevant date which have not been made, but account shall be taken of the amounts of interest which have accrued on such unpaid repayments; and
b
it shall be assumed that–
i
the rate of interest will not change during the period of repayment; and
ii
each repayment will be applied to reduce the amount of the loan immediately after the addition of interest in accordance with paragraph (4).
9
Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise.
10
Nothing in this regulation shall be taken to prevent a borrower, after giving notice to the loans administrator, from discharging or with the agreement of the loans administrator reducing his liability in respect of his loan sooner than required by the regulation, and where a borrower wishes so to reduce his liability the amount and time of repayments shall be determined by the loans administrator and the provisions of this regulation (except paragraphs (4) and (9) shall no longer apply to the loan).
9
Notwithstanding the provisions of regulation 8, the loans administrator may, in the case of a borrower who is in breach of an obligation to repay any loan instalment, do either or both of the following, namely:
a
grant any relaxation or indulgence to the borrower which does not vary the agreement for the loan;
b
require the borrower to make an immediate repayment of the outstanding amount of the loan:
Provided that the loans administrator shall not grant any relaxation or indulgence in accordance with paragraph (a) unless it is satisfied that such action represents a more effective means of recovering the debt due under the agreement than instituting legal proceedings against the borrower.
Repayment by disabled borrowers
10
1
In the case of a borrower receiving any disability-related benefit (as defined in regulation 11(6)) at the beginning of or at any time during the period of repayment determined in accordance with regulation 8, the loans administrator may do all or any of the following, namely:
a
allow the borrower to commence repayment of the loan at such date later than that provided by regulation 8 as the loans administrator considers appropriate; or
b
allow the borrower to defer making repayments of the loan until such later date; or
c
allow the borrower to make repayments of the loan in such greater number of instalments of such lesser amounts than those provided by regulation 8 as the loans administrator considers appropriate:
but interest on the loan shall continue to accrue and to be added to the outstanding amount of the loan during any period in which repayments are not being made or during any extended period of repayment.
2
The loans administrator may exercise any discretion conferred on it by paragraph (1) notwithstanding that the outstanding amount of the loan will not in consequence be fully repaid before the borrower’s liability in respect thereof is cancelled by virtue of paragraphs (1)(b) and (2) of regulation 12.
Deferment
11
1
Subject to the provisions of this regulation, a borrower shall be entitled to defer making repayments of his loan if he satisfies the loans administrator–
a
that his gross income for the month preceding the month in which he applies for deferment does not exceed the product of £1,165 and the annual adjustment; and
b
if the loans administrator so requires, that his gross average monthly income during the three months immediately following the month first referred to in sub-paragraph (a) will not or is unlikely to exceed that amount.
2
For the purposes of paragraph (1) “the annual adjustment” means the average earnings index for March 199 4 divided by the average earnings index for March 1993; and “the average earnings index” means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department of Employment or, if that index is not published for a month for which it is relevant for the purposes of this regulation, any substituted index or index figures published by that Department.
3
If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date not more than twelve months earlier or two months later than the date on which the loans administrator notifies the borrower that it is satisfied that he is entitled to defer making repayments.
4
Notwithstanding deferment a borrower may, after giving notice to the loans administrator, resume making repayments at any time before the end of the period of deferment.
5
In determining whether a borrower’s gross monthly income exceeds, will exceed or is likely to exceed the amount specified in paragraph (1) no account shall be taken of any disability-related benefits paid or which will or are likely to be paid to him in the months in question.
6
In paragraph (5) “disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social Security Contributions and Benefits Act 1992 known as invalidity benefit , severe disablement allowance , disability living allowance and industrial injuries benefit ;
b
where income support is payable to the borrower under the Income Support (General) Regulations 1987 , the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable, which amount shall for the purposes of regulations 10(1) and 11(5) be considered to be a disability related benefit which is being received, which has been paid or which will be likely to be paid, as the case may be; and
c
disability working allowance payable under sections 123(1)(c) and 129 of the Social Security Contributions and Benefits Act 1992.
7
Interest shall accrue on a loan and shall be added to the outstanding amount thereof during any period of deferment.
Cancellation
12
1
A borrower’s liability to make repayments in respect of all loans shall be cancelled if —
a
he dies; or
b
he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of any obligation in relation to any loan and —
a
if he was aged less than forty when he last entered into an agreement for a loan, if he attains the age of fifty or if the loan for which he last entered into an agreement has been outstanding for not less than twenty-five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into an agreement for a loan, if he attains the age of sixty.
Duties of governing bodies in relation to loans
13
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
The governing body shall as soon as practicable after the commencement of each academic year —
a
issue to any student who requests them to certify his eligibility for a loan an eligibility questionnaire provided by the loans administrator;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a)–(c) and whom they consider to be eligible an eligibility form provided by the loans administrator for completion by the student and return to them.
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all other steps required by the preceding provisions of this paragraph a loan application form provided by the loans administrator; and
g
send each certified eligibility form to the loans administator.
3
Where a student is a borrower who has obtained an eligibility form from the loans administrator and completed it the governing body shall as soon as practicable after the commencement of each academic year —
a
accept the completed eligibility form from any such student who requests them to certify his eligibility;
b
if the loans administrator has requested that any of the particulars inserted in the form should be verified take such steps as are reasonably practicable to verify those particulars;
c
certify to the best of their knowledge and belief the accuracy of the particulars which the loans administrator has requested them to verify and the amount of loan to which they consider the student to be entitled; and
d
send each certified eligibility form to the loans administrator.
4
The governing body shall —
a
promptly notify the loans administrator in writing if a person in respect of whom they have certified eligibility (whether under these Regulations or otherwise) ceases to be an eligible student during the academic year in which they certified eligibility or subsequently —
i
because he has completed the course on a date earlier than that specified in the certified eligibility form referred to in paragraph (2)(g)or (3)(d)or notified by them to the loans administrator as the expected date on which he will complete the course,
ii
otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to etablish a student’s eligibility;
c
permit the loans administrator or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application forms received by them from the loans administrator and provide to it on request brief particulars of such forms which they have issued; and
e
as soon as practicable notify the loans administrator in writing if they believe that a person has fraudulently obtained or attempted to obtain a loan and provide the administrator with the name of the person (if known) and particulars of the circumstances of that person’s obtaining or attempting to obtain the loan.
5
Without prejudice to the generality of paragraph (2)(b) and (c), the steps to be taken under those paragraphs shall include verifying particulars given in the eligibility questionnaire by reference to —
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953 or the Births and Deaths Registration (Northern Ireland) Order 1976 )a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 50 of the Adoption Act 1976 or in the Adopted Children Register kept in pursuance of Article 50 of the Adoption (Northern Ireland) Order 1987 )which contains a record of the date of birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a pe rson in respect of whom an entry was made in the Adopted Children Register kept in pursuance of Section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
6
Nothing in this regulation shall require the governing body to take any steps to establish whether a student falls within sub-paragraph (1)(c) to (f), or (2)(e) or (f) of regulation 4 (receipt of certified eligibility form, agreement to notify cessation of attendance, direct credit and debit agreement, date of loan agreement, breach of loan agreement and minor’s failure to ratify loan agreement), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs.
7
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to his eligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer.
John Patten
Secretary of State for Education
26th November 1993
Ian Lang
Secretary of State for Scotland
29th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax (Deductions from Income Support) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992 ;
“adjudication officer” means an officer appointed in accordance with section 38(1) of the Administration Act;
“application” means an application made under regulation 2 or regulation 3 containing the information specified in regulation 4;
“appropriate appeal court” means the appropriate court as determined in accordance with regulation 10(9) and 10(10);
“authority” means —
in relation to England and Wales, a billing authority, and
in relation to Scotland, a levying authority;
“benefit week” has the meaning prescribed by regulation 2(1) of the Income Support (General) Regulations 1987 ;
“ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“Commissioner” means the Chief or any other Social Security Commissioner appointed in accordance with section 52(1) or (2) of the Administration Act, and includes a Tribunal of three Commissioners constituted in accordance with section 57(1) of that Act;
“debtor” —
in relation to England and Wales, has the same meaning as in paragraph 6 of Schedule 4 to the Local Government Finance Act , and
in relation to Scotland, has the same meaning as in paragraph 6 of Schedule 8 to that Act;
“5 per cent. of the personal allowance for a single claimant aged not less than 25” means, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent. to the next higher such multiple;
“income support” means income support within the meaning of the Social Security Contributions and Benefits Act 1992 ;
“the Local Government Finance Act” means the Local Government Finance Act 1992;
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(e) of column 2 of Schedule 2 to the Income Support (General) Regulations 1987 ;
“social security office” means an office of the Department of Social Security which is open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is open to the public for the receipt of claims for unemployment benefit;
“tribunal”, except in relation to a Tribunal of three Commissioners, means a social security appeal tribunal constituted in accordance with section 41 of the Administration Act.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.
Application for deductions from income support: England and Wales
2
Where a liability order has been made against a debtor by a magistrates' court and the debtor is entitled to income support the billing authority concerned may apply to the Secretary of State asking him to deduct sums from any amounts payable to the debtor by way of income support in order to secure the payment of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
Application for deductions from income support: Scotland
3
Where a levying authority has obtained a summary warrant or a decree against a debtor in respect of arrears of sums payable under paragraph 1(1) of Schedule 8 to the Local Government Act and the debtor is entitled to income support, the levying authority may, without prejudice to its right to pursue any other means of recovering such arrears, apply to the Secretary of State asking him to deduct sums from any amounts payable to the debtor by way of income support in order to secure the payment of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.
Contents of application
4
1
An application shall contain the following particulars —
a
the name and address of the debtor;
b
the name and address of the authority making the application;
c
the name and place of the court which made the liability order or granted the summary warrant, or decree as the case may be;
d
the date on which the liability order was made or the summary warrant or decree granted as the case may be;
e
the amount specified in the liability order, summary warrant or decree as the case may be;
f
the total sum which the authority wishes to have deducted from income support.
2
An authority making an application shall serve it on the Secretary of State by sending or delivering it to a social security office.
3
Where it appears to the Secretary of State that an application from an authority gives insufficient particulars to enable the debtor to be identified he may require the authority to furnish such further particulars as may reasonably be required for that purpose.
Reference to adjudication officer
5
1
Where the Secretary of State receives an application from an authority he shall, subject to regulation 8(4), refer it forthwith to an adjudication officer who shall determine whether there is sufficient entitlement to income support to enable the Secretary of State to make any deduction.
2
The adjudication officer shall determine there is sufficient entitlement to income support to enable the Secretary of State to make a deduction —
a
if the amount payable by way of income support after any deduction to be made under regulation 7 is 10 pence or more;
b
if the aggregate amount payable under one or more of the following provisions, namely paragraphs 3(2)(a), 5(6), 6(2)(a), 7(3)(a), 7(5)(a) of Schedule 9 and paragraph 3(5) of Schedule 9A to the Claims and Payments Regulations, together with the amount to be deducted under regulation 7, does not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.
3
The adjudication officer shall determine whether there is sufficient entitlement to income support to enable a deduction to be made, so far as is practicable, within 14 days of receipt of the reference from the Secretary of State.
Notification of decision
6
The Secretary of State shall notify the debtor and the authority concerned in writing of the adjudication officer’s decision so far as is practicable within 14 days from the date on which he receives that decision and at the same time he shall notify the debtor of his right of appeal.
Deductions from debtor’s income support
7
Where the adjudication officer has determined that there is sufficient entitlement to income support the Secretary of State may deduct a sum equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made or the summary warrant or the decree was granted.
Circumstances, time of making and termination of deductions
8
1
The Secretary of State shall make deductions from income support under regulation 7 only if —
a
the debtor is entitled to income support throughout any benefit week;
b
no deductions are being made in respect of the debtor under any other application; and
c
no payments are being made under regulation 2 of the Community Charge (Deductions from Income Support) (Scotland) Regulations 1989 or regulation 2 of the Community Charge (Deductions from Income Support) (No.2) Regulations 1990.
2
The Secretary of State shall make deductions from income support by reference to the times at which payment of income support is made to the debtor .
3
The Secretary of State shall cease making deductions from income support if —
a
there is no longer sufficient entitlement to income support to enable him to make the deduction;
b
an authority withdraws its application for deductions to be made; or
c
the debt in respect of which he was making the deductions is discharged.
4
Where at any time during which the Secretary of State is making deductions in respect of an application he receives one or more further applications in respect of the debtor from whom the deductions are being made, he shall refer those further applications to the adjudication officer in accordance with the following order of priority, namely, the one bearing the earliest date shall be referred first and each subsequent application shall be referred, one at a time and in date order, only after deductions under any earlier application have ceased.
5
Payments of sums deducted from income support by the Secretary of State under these Regulations shall be made to the authority concerned, as far as is practicable, at intervals not exceeding 13 weeks.
6
Where the whole of the amount to which the application relates has been paid, the authority concerned shall, so far as is practicable, give notice of that fact within 21 days to the Secretary of State.
7
The Secretary of State shall notify the debtor in writing of the total sums deducted by him under any application —
a
on receipt of a written request for such information from the debtor; or
b
on the termination of deductions made under any such application.
Withdrawal of application
9
An authority may withdraw an application at any time by giving notice in writing to the social security office to which the application was sent or delivered.
Appeal
10
1
Where the adjudication officer has decided a question under regulation 5, the debtor may appeal to a tribunal.
2
Subject to paragraph (5), an appeal lies to a Commissioner from any decision of a tribunal on the grounds that the decision of that tribunal was erroneous in point of law and the persons who may appeal are the debtor and the adjudication officer.
3
If it appears to the Chief Commissioner or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for that purpose, that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone but by a tribunal consisting of three Commissioners and, if the decision is not unanimous, the decision of the majority shall be the decision of the tribunal.
4
Subject to paragraph (5), an appeal on a question of law lies to the appropriate appeal court from any decision of a Commissioner and the persons who may appeal are —
a
the debtor;
b
the adjudication officer; and
c
the Secretary of State.
5
No appeal lies —
a
to the Commissioner from a decision of a tribunal without the leave of the chairman of the tribunal which gave the decision or, if he refuses leave, without the leave of a Commissioner, or
b
to the appropriate appeal court from a decision of a Commissioner, without the leave of the Commissioner who decided the case, or if he refuses, without the leave of the appropriate appeal court.
6
Where in any case it is impracticable, or it would be likely to cause undue delay, for an application for leave to appeal against a decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under section 41(4) of the Administration Act to act as a chairman of tribunals.
7
In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for an application for leave to appeal to the appropriate appeal court to be determined by the Commissioner who decided the case, that application shall be determined —
a
where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner, and
b
where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.
8
If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (7) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.
9
On an application to a Commissioner for leave under this regulation it shall be the duty of the Commissioner to specify as the appropriate court —
a
the Court of Appeal if it appears to him that the relevant place is in England and Wales; and
b
the Court of Session if it appears to him that the relevant place is in Scotland;
except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) and (b) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
10
In paragraph (9) “the relevant place”, in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the tribunal whose decision was the subject of the Commissioner’s decision usually exercises its functions.
Review
11
1
Any decision under these Regulations of an adjudication officer, a tribunal or a Commissioner may be reviewed at any time by an adjudication officer if —
a
the officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
b
there has been a relevant change of circumstances since the decision was given.
2
Any decision of an adjudication officer may be reviewed by an adjudication officer on the grounds that the decision was erroneous in point of law.
3
A question may be raised with a view to review under this regulation by means of an application in writing to an adjudication officer, stating the grounds of the application.
4
On receipt of any such application, the adjudication officer shall take it into consideration and, so far as is practicable, dispose of it within 14 days of its receipt.
5
A decision given by way of revision or a refusal to review under this regulation shall be subject to appeal in the same manner as an original decision and regulation 10(1) and Schedule 2 shall apply with the necessary modification in relation to a decision given on review as they apply to the original decision on a question.
Correction of accidental errors
12
1
Subject to regulation 14, accidental errors in any decision or record of a decision made under regulations 5, 10 and 11 and Schedule 2 may at any time be corrected by the person or tribunal by whom the decision was made or a person or tribunal of like status.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and written notice of it shall be given as soon as is practicable to every party to the proceedings.
Setting aside decisions on certain grounds
13
1
Subject to regulation 14, on an application made by a party to the proceedings, a decision, made under regulations 5, 10 and 11 and Schedule 2 by an adjudication officer, a tribunal or a Commissioner (“the adjudicating authority”), together with any determination given on an application for leave to appeal to a Commissioner, or the appropriate appeal court against such a decision may be set aside by the adjudicating authority which gave the decision or an authority of like status, in a case where it appears just to set that decision aside on the grounds that
a
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by a party to the proceedings or the party’s representative or was not received at the appropriate time by the person or tribunal who gave the decision;
b
in the case of an appeal to a tribunal or an oral hearing before a Commissioner a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing relating to the proceedings; or
c
the interests of justice so require.
2
An application under this regulation shall be made in accordance with regulation 15 and Schedule 1.
3
Where an application to set aside is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
4
Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
5
For the purpose of determining under these Regulations an application to set aside a decision, there shall be disregarded regulation 16(1) which deems any notice or other document required or authorised to be given or sent to any person to have been given or sent if it was sent by post to that person’s last known notified address.
Provisions common to regulations 12 and 13
14
1
In calculating any time specified in Schedule 1 there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 12 or on which notice is given that a determination of a decision shall not be set aside following an application under regulation 13, as the case may be.
2
There shall be no appeal against a correction made under regulation 12 or a refusal to make such a correction or against a determination under regulation 13.
3
Nothing in regulation 12 or 13 shall be construed as derogating from any inherent or other power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Manner of making applications or appeals and time limits
15
1
Any application or appeal set out in Column (1) of Schedule 1 shall be made or given by sending or delivering it to the appropriate office within the specified time.
2
In this regulation —
a
“appropriate office” means the office specified in Column (2) of Schedule 1 opposite the description of the relevant application or appeal listed in Column (1); and
b
“specified time” means the time specified in Column (3) of that Schedule opposite the description of the relevant application or appeal so listed.
3
The time specified by this regulation and Schedule 1 for the making of any application or appeal (except an application to the chairman of a tribunal for leave to appeal to a Commissioner) may be extended for special reasons, even though the time so specified may already have expired, and any application for an extension of time under this paragraph shall be made to and determined by the person to whom the application or appeal is sought to be made or, in the case of a tribunal, its chairman.
4
An application under paragraph (3) for an extension of time (except where it is made to a Commissioner) which has been refused may not be renewed.
5
Any application or appeal set out in Column (1) of Schedule 1 shall be in writing and shall contain: —
a
the name and address of the appellant or applicant;
b
the particulars of the grounds on which the appeal or application is to be made or given; and
c
his address for service of documents if it is different from that in sub-paragraph (a);
and in the case of an appeal to the Commissioner, but subject to paragraph 21(2) of Schedule 2, the notice of appeal shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.
6
Where it appears to an adjudication officer, or chairman of a tribunal, or Commissioner that an application or appeal which is made to him, or to the tribunal, gives insufficient particulars to enable the question at issue to be determined, he may require, and in the case of a Commissioner, direct that the person making the application or appeal shall furnish such further particulars as may reasonably be required.
7
The conduct and procedure in relation to any application or appeal shall be in accordance with Schedule 2.
Manner and time for the service of notices etc.
16
1
Any notice or other document required or authorised to be given or sent to any person under these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that person at his ordinary or last notified address.
2
Any notice or other document required or authorised to be given or sent to an appropriate social security office or office of the clerk to a tribunal shall be treated as having been so given or sent on the day that it is received in the appropriate social security office or office of the clerk to the tribunal.
3
Any notice or document required to be given, sent or submitted to, or served on, a Commissioner —
a
shall be given, sent or submitted to an office of the Social Security Commissioners;
b
shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Social Security Commissioners.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
5th March 1993


text:
Citation and commencement
1
This Order may be cited as the Manchester, Liverpool Road (Castlefield Properties Limited) Light Railway Order 1993 and shall come into force on 2nd September 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“the Board” means the British Railways Board;
“the Board’s railways” means the railways or former railways of the Board described in the Schedule to this Order and shown on the deposited plan and the lands and works so described;
“the Company” means Castlefield Properties Limited incorporated under the Companies Act 1985 and having its registered office at 36 Golden Square, London W1R 4AH;
“the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for Transport;
“the lease” means the lease of the Board’s railways granted by the Board to the Company on 30th March 1990, any extension of the same or any new lease of the Board’s railways granted by the Board to the Company;
“the principal Act ” means the Light Railways Act 1896;
“the railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 , so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order: —
Section 16 (works to be executed);
Sections 18 to 23 (protection of gas and water mains);
Section 68 (gates, bridges, fences, drains, watering places);
Section 87 (Company empowered to contract with other Companies).
2
Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following provisions shall apply to the railway —
Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Leasing and sale of Board’s railways to Company
4
1
During the continuance of the lease, or after the operative date of any transfer under paragraph (2) of this article, the Company shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise (insofar as the same are still subsisting and capable of taking effect) as are for the time being in force in respect of the Board’s railways or such part thereof as is comprised in the lease or is so transferred, as the case may be, to the intent that the Board should be released from all such obligations.
2
The Board and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of the freehold reversion in the Board’s railways or any part thereof.
Power to make railway
5
1
The Company may on lands and works comprised in the Board’s railways or on any part thereof, construct, make and maintain the following railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order: —
In the Metropolitan County of Greater Manchester, partly in the City of Manchester and partly in the City of Salford —
A railway (137 metres in length) commencing in the City of Salford at a point on the west bank of the River Irwell 28 metres south-west of the western end of Princes Bridge, continuing thence in a generally easterly direction across the said river and terminating in the City of Manchester at a point by the south-east side of Water Street adjoining the junction of that street with the road carried by the said Princes Bridge.
2
The railway shall be laid on the same levels as, and within the existing formation of, the Board’s railways.
3
The foregoing description of the railway or anything otherwise contained in this Order shall not be deemed to prohibit or preclude the Company from making, constructing, laying or erecting any further branches, sidings, junctions and other conveniences with all rails, plates and other works in connection therewith provided and so far as the same shall be solely on land belonging to the Company and situated within the boundaries shown edged red on the deposited plan.
Gauge of railway and motive power
6
The railway shall be constructed and operated on a nominal gauge of 1.435 metres (4 feet 8½ inches) and the motive power shall be diesel, steam, internal combustion, battery electric or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of such apparatus.
Restrictions as to the conveyance of passengers
7
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of the public using the railway.
For protection of public gas suppliers
8
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the railway is constructed.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary
Department of Transport
1st September 1993


text:
Citation, commencement and interpretation.
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1993 and shall come into force on 11th January 1994.
2
In this Order —
1
“the 1980 Order ” means the Supreme Court Fees Order 1980 ;
2
an article or fee referred to by number means the article or fee so numbered in the 1980 Order.
Amendments to the 1980 Order
3
The 1980 Order shall be amended in accordance with the following provisions of this Order.
4
For article 5 there shall be substituted the following —
5
1
No fee shall be payable under this Order where the person who would otherwise be liable to pay it is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 .
2
Where Fee No.25(a) has been paid on the appointment of a judge of the Commercial Court or an official referee as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee shall be refunded.
3
Where it appears to the Lord Chancellor that payment of any fee under this Order would involve undue financial hardship because of the exceptional circumstances of the particular case, he may reduce or remit the fee in that case.
.
5
In relation to each fee shown in column 1 of the Schedule to this Order, the amount shown in column 3 shall be substituted for the amount shown in column 2.
6
In Fee No.2, for the word “abroad.” there shall be substituted the following —
abroad,
for appointing a guardian of a child’s estate.
30.00 The filed copy
.
7
1
Fee No.5E shall be omitted.
2
In the paragraph following Fee No.5E, for “5B, 5D and 5E” there shall be substituted “5B and 5D”.
3
In Fee No.5F, “,5E” shall be omitted.
8
In Fee No.5J, for the words “fixing a date for the trial of a cause or matter before an official referee” there shall be substituted the words “obtaining allocation of a case to an official referee”.
9
For Fee No.25 there shall be substituted the following —
Judge or Official Referee sitting as Arbitrator
25
a
On the appointment of —
i
a judge of the Commercial Court as an arbitrator or umpire under section 4 of the Administration of Justice Act 1970 ; or
1700.00
ii
an official referee as an arbitrator or umpire under section 11 of the Arbitration Act 1950 and
1200.00
b
for every day or part of a day (after the first day) of the hearing before —
i
a judge; or the judge or official
1700.00 The arbitration agreement or other document produced to
ii
an official referee so appointed as arbitrator or umpire.
1200.00 referee as constituting the submission to arbitration.
.
10
In Fee No.30, after paragraph (d) there shall be inserted the following —
e
on filing an appeal in bankruptcy
25.00 The notice of appeal
f
on filing a notice of cross appeal or a respondent’s notice
15.00 The notice
.
Mackay of Clashfern, C.
Dated 10th December 1993
Taylor, C.J.
Bingham, M.R.
Stephen Brown, P.
Donald Nicholls, V-C.
Dated 13th December 1993
Timothy Kirkhope
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 15th December 1993


text:
1
The County Council of Clwyd (A525 St Asaph — Rhyl Road, Rhuddlan Bypass Stage II) River Clwyd Bridge Scheme 1992 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Welsh Office Repository, Curran Embankment, Cardiff and at the offices of Clwyd County Council, Shire Hall, Mold, Clwyd.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Clwyd (A525 St Asaph — Rhyl Road, Rhuddlan Bypass Stage II) River Clwyd Bridge Scheme 1992 Confirmation Instrument 1993.
Signed by authority of the Secretary of State
K. J. Thomas
Director of Highways Welsh Office
3rd June 1993