text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1992, shall apply to Great Britain, and shall come into force the day after the day on which they are made.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food, and
in relation to any other part of Great Britain, the Secretary of State;
“approved breed” means any hardy breed or cross breed of sheep approved by the appropriate Minister for the purposes of these Regulations, being a breed or cross breed which is suitable for breeding and rearing on land in respect of which the severity of the permanent natural handicaps affecting the breeding and rearing of sheep on that land is greater than that affecting the breeding and rearing of sheep on severely disadvantaged land generally;
“breeding cow” means a female bovine animal, comprised in a regular breeding herd which is not maintained primarily for the production of milk and which, on or before the qualifying day —
has borne a calf and is capable of lactation, or
has been brought into the herd primarily for the purpose of replacing an animal which has borne a calf, and is, in the opinion of the appropriate Minister, suitable for the purpose of bearing a calf during the year following the qualifying day;
“ Council Regulation ” means Council Regulation ( EEC ) No. 2328/91 on improving the efficiency of agricultural structures;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, DyfedSY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“disadvantaged land” means the land shown coloured blue or coloured pink on the designated maps, being land —
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate;
“ ECU ” means the unit of account used for the purposes of the common agricultural structures policy of the European Economic Community, and any reference in these Regulations to a specified number of ECU in relation to a compensatory allowance shall be taken to be a reference to the sterling equivalent of that number of ECU converted into sterling at the agricultural exchange rate applicable on the qualifying day in the year in which the compensatory allowance is paid;
“eligible land” means an area of land of not less than three hectares —
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive No. 75/268/EEC on mountain and hill farming and farming in certainless-favoured areas as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC as amended by Commission Decision 91/25/EEC , and
which is severely disadvantaged land or disadvantaged land;
“ewe” means a female sheep which, on the qualifying day, is more than one year old;
“forage area” means the area of land producing plants grazed by, or fed to, livestock;
“hill sheep land” in relation to Scotland means severely disadvantaged land suitable for use for the maintenance of sheep of a hardy breed, but not of sheep of other breeds;
“livestock unit” means a unit of measurement of numbers of livestock described in article 19 and annex 1 of the Council Regulation;
“occupier” includes a person who has a right to use eligible land for the purpose of grazing cattle or sheep;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree;
“qualified flock” means a flock of ewes which is kept on eligible land, or on eligible land and other land used with it, primarily for the breeding and rearing of lambs, and which is, in the opinion of the appropriate Minister, maintained and managed in accordance with sound husbandry practice;
“the qualifying day” means, in respect of any year in which a compensatory allowance maybe paid under these Regulations, 1st January in that year;
“regular breeding herd” means a herd of cattle which is kept on eligible land, or on eligible land and other land used with it, and which —
has, on the qualifying day, been in existence for a period of at least six months;
is, in the opinion of the appropriate Minister, maintained primarily for the purpose of breeding and rearing calves; and
comprises, in the opinion of the appropriate Minister, a reasonably constant number of cattle and is maintained and managed in accordance with sound husbandry practice;
“relevant afforested land” means land which in the opinion of the appropriate Minister was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of that land before the date when the conversion to forest was completed under the 1984 Regulations , the Hill Livestock (Compensatory Allowances) Regulations 1979 or the Hill Livestock (Compensatory Allowances) Regulations 1975 ; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date when such conversion was completed;
“retirement pension” means a category A and category B pension within the meaning of section 12(1)(f) of the Social Security Act 1975 ; a category C and category D pension within the meaning of section 34(1)(e) of that Act; or graduated retirement benefit as referred to in Schedule 1 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 ;
“severely disadvantaged land” means —
the land shown coloured pink on the designated maps, being land —
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, severely restricted to its range by, or by any combination of, soil, relief, aspect or climate, or
land situated in the Isles of Scilly;
“sound husbandry practice” includes practice in relation to the grazing and feeding of livestock;
“specially qualified flock” means a qualified flock in which all, or in the opinion of the appropriate Minister substantially all, of the ewes comprised in the flock are of an approved breed, and which —
in England and Wales is maintained on severely disadvantaged land or on severely disadvantaged land and other land used with it;
in Scotland is maintained or substantially maintained on hill sheep land;
“the 1984 Regulations” means the Hill Livestock (Compensatory Allowances) Regulations 1984 .
2
Where in Scotland any agricultural unit consists in part only of eligible land, that land or any part thereof shall be deemed for the purposes of these Regulations not to be eligible land unless, in the opinion of the appropriate Minister, such land or such part thereof would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed thereon, of maintaining a regular breeding herd or a qualified flock.
3
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Compensatory allowances
3
1
Subject to the provisions of these Regulations, the appropriate Minister may, in respect of the year 1992 and each succeeding year, pay to any person who is on the qualifying day in that year the occupier of eligible land, a compensatory allowance for cattle and sheep maintained by him on that day, being cattle comprised in a regular breeding herd and sheep comprised in a qualified flock.
2
A compensatory allowance in respect of any year shall be paid to an occupier of eligible land only if (except in the case of such an occupier who is in receipt of a retirement pension) he has entered into a written undertaking in such form as the appropriate Minister may require to the effect that he will, for a period of five years from the first payment of a compensatory allowance made under these Regulations or the 1984 Regulations continue to use eligible land for agricultural purposes.
3
Subject to regulations 3(5), 3(6) and 4, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at the following rates —
a
in the case of cows maintained by a person whose eligible land comprises solely severely disadvantaged land £63.30 or 102 ECU per cow;
b
in the case of cows maintained by a person whose eligible land comprises severely disadvantaged land and disadvantaged land —
i
£63.30 or 102 ECU per cow up to an amount calculated by multiplying the total number of hectares of severely disadvantaged land which is available to that person in accordance with paragraph (5)(a) below or which is relevant afforested land by £81.13 and deducting from the resulting figure any allowance payable in respect of sheep maintained by that person under paragraph (4) below (other than the allowance payable at the rate of £2.45 or 15.3 ECU per ewe); and
ii
thereafter £31.65 or 102 ECU per cow;
c
in the case of cows maintained by a person whose eligible land comprises solely disadvantaged land, £31.65 or 102 ECU per cow.
4
Subject to regulations 3(5), 3(6) and 5, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a flock on the qualifying day at the following rates —
a
in the case of ewes of an approved breed comprised in a specially qualified flock, £8.75 or 15.3 ECU per ewe;
b
in the case of ewes not referred to in sub-paragraph (a) above maintained by a person —
i
whose eligible land comprises solely severely disadvantaged land, £4.90 or 15.3 ECU per ewe;
ii
whose eligible land comprises severely disadvantaged land and disadvantaged land, £4.90 or 15.3 ECU per ewe for a number of ewes calculated by multiplying the total number of hectares of severely disadvantaged land which is available for the maintenance of the flock in accordance with regulation 5(2)(c) below or which is relevant afforested land by 6, and deducting from the resulting figure the number of ewes, if any, falling within sub-paragraph (a) above which are kept on that land, and thereafter for additional ewes £2.45 or 15.3 ECU per ewe;
iii
whose eligible land comprises solely disadvantaged land, £2.45 or 15.3 ECU per ewe.
5
Notwithstanding the provisions of paragraphs (3) and (4) above, the total amount of a compensatory allowance which may be paid in respect of any year —
a
to the occupier of severely disadvantaged land, shall not exceed £81.13 for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land;
b
to the occupier of disadvantaged land, shall not exceed £60.85 for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land.
6
Where in this regulation alternative rates in sterling and in ECU are given, the rate which results in the lower payment in sterling shall apply.
Provisions with respect to cattle
4
1
A compensatory allowance for cattle shall not be paid in respect of any breeding cow the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
2
Where, in the opinion of the appropriate Minister, an appreciable quantity of milk has been produced by a regular breeding herd in the period of 12 months immediately preceding the qualifying day, and any of that milk has been sold or used for the manufacture of milk products for sale, a compensatory allowance shall be payable in relation to that qualifying day in respect of the number of breeding cows comprised in the herd on that day, reduced by such number as appears to the appropriate Minister to be the number of cows in the herd required to produce that quantity of milk in that period.
3
Subject to paragraph (1) and notwithstanding paragraph (2) and the foregoing provisions of these Regulations, the number of breeding cows in respect of which a compensatory allowance may be paid in relation to any qualifying day shall not exceed —
a
the number of breeding cows which the appropriate Minister may determine as the number which he is satisfied has been comprised in the herd throughout the greater part of the year preceding the qualifying day or, in the case of a herd newly established or re-established in that year, throughout such shorter period thereof as the appropriate Minister may determine, disregarding —
i
any seasonal variation in number, and
ii
any losses which he is satisfied have been or will be made good, or cannot reasonably be made good, within a reasonable period;
b
the number of breeding cows which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of calves produced in the year preceding the qualifying day or, in the case of a herd newly-established or re-established in that year, in such shorter periodas the appropriate Minister may determine;
c
the number of breeding cows which the appropriate Minister determines to be the number which the land on which the herd was grazed and maintained in the year preceding that day was, in his opinion, capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals grazed and maintained on that land in that year; or
d
the number of breeding cows which when added to the number of ewes in a qualified flock grazed and maintained on that land is equivalent to the maximum number of livestock units per hectare of the forage area of the holding permitted in respect of the grant of a compensatory allowance by article 19(a) of the Council Regulation.
Provisions with respect to sheep
5
1
A compensatory allowance for sheep shall not be paid in respect of any ewe the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
2
Subject to paragraph (1) above, and notwithstanding the foregoing provisions of these Regulations, the number of ewes in respect of which compensatory allowance may be paid in relation to any qualifying day shall not exceed —
a
the number of ewes which the appropriate Minister may determine as the number of ewes which he is satisfied has been comprised in the flock throughout the greater part of the year preceding that day or, in thecase of a flock newly established or re-established in that year, throughout such shorter period thereof as the appropriate Minister may determine, disregarding —
i
any seasonal variation in number, and
ii
any losses which he is satisfied have been or will be made good, or cannot reasonably be made good, within a reasonable period;
b
the number of ewes which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of lambs produced in the year preceding the qualifying day or, in the case of a flock newly established or re-established in that year, in such shorter period as the appropriate Minister may determine;
c
a number calculated at the rate of —
i
six ewes for each hectare of severely disadvantaged land, and
ii
nine ewes for each hectare of disadvantaged land, being land which the appropriate Minister is satisfied was available for the maintenance of the flock throughout the greater part of the year preceding that day, or throughout such shorter period of that year as is referred to in sub-paragraph (a) above or which is relevant afforested land;
d
the number of ewes which the appropriate Minister determines to be the number which the land on which the flock was grazed and maintained in the year preceding that day was, in his opinion, capable of carrying without overgrazing the whole or any part of it, taking into account the number of other animals grazed and maintained on that land in that year; or
e
the number of ewes which when added to the number of cattle comprised in a regular breeding herd grazed and maintained on that land is equivalent to the maximum number of livestock units per hectare of the forage area of the holding permitted in respect of the grant of a compensatory allowance by article 19(a) of the Council Regulation.
Power of appropriate Minister to apportion eligible land in certain cases
6
Where it appears to the appropriate Minister that on the qualifying day in any year, or during the year immediately preceding that qualifying day, any land was available for the maintenance of —
a
more than one regular breeding herd,
b
more than one qualified flock, or
c
breeding cows comprised in a regular breeding herd and ewes comprised in a qualified flock, under the foregoing provisions of these Regulations, apportion that land among the occupiers or former occupiers thereof as he thinks reasonable in the circumstances.
Applications for compensatory allowances
7
1
The appropriate Minister shall not pay a compensatory allowance unless an application for that payment has been submitted to the appropriate Minister in such form and at such time as he may require.
2
A person authorised by the appropriate Minister may, on production of his authority on demand and at any reasonable time, enter on any land occupied by a person claiming a compensatory allowance or used by him for grazing a herd or flock to which an application for a compensatory allowance relates and may —
a
inspect that land for the purposes of determining the forage area;
b
inspect that land for the purposes of determining whether it has been overgrazed;
c
require that the person claiming a compensatory allowance or any person in charge of animals on the land gather together at a reasonable time and in a convenient place on that land the herd or flock to which his application relates for the purpose of counting and inspection;
d
count and inspect any animals on that land;
e
require that the person claiming a compensatory allowance furnish for inspection any document or other record in his possession or under his control relating to any animals kept or formerly kept by him; and
f
require the person claiming a compensatory allowance and any person in charge of animals on the land to render all reasonable assistance to him in his exercise of the powers conferred by this paragraph.
3
In any counting of sheep, a reasonable allowance may be made for dead or ungathered animals.
4
In exercising the power conferred on him by paragraph (2), an authorised person may be accompanied by such other persons as appear to him to be necessary and, in relation to the inspection of documents or records any of them shall be entitled to make such copies as he may think fit.
Release from undertaking
8
A person who applies for, or who is in receipt of, a compensatory allowance under these Regulations shall be released from the undertaking referred to in regulation 3(2) above, if —
a
he is in receipt of a retirement pension; or
b
he is prevented from continuing to discharge that undertaking by reason of any material circumstances beyond his control; or
c
he ceases farming and at least 3 hectares of his eligible land, or the eligible land used by him for the grazing of animals, continues to be used for agriculural purposes.
Recovery of compensatory allowances
9
Where any person —
a
with a view to obtaining payment to himself or to any other person of a compensatory allowance under these Regulations makes any statement which is untrue or misleading in a material particular, or
b
having given an undertaking under regulation 3(2) above, which has not been released in accordance with regulation 8 above, fails in any way to comply with the terms thereof, or
c
being a person who has claimed a compensatory allowance under these Regualations, fails to comply with a requirement by a person authorised by the appropriate Minister in accordance with regulation 7(2)(c), (e)or (f), recover on demand as a debt the whole or any part of any compensatory allowance payable or paid to him or to such other person.
False statements
10
If any person for the purpose of obtaining for himself or any other person a compensatory allowance under these Regulations knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocations and transitional provision
11
1
The Regulations listed in the Schedule hereto are hereby revoked.
2
In determining the amount of a compensatory allowance payable to any person under these Regulations in respect of the year 1992, the appropriate Minister shall take into account any compensatory allowance payable or paid to that person under the 1984 Regulations as if it were payable or paid under these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
17th February 1992.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
17th February 1992


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 9 Regulations 1992, and shall come into force on 30th April 1992.
2
1
Section 716(1) of the Companies Act 1985 does not prohibit the formation for the purpose of carrying on business as a member firm of the London Stock Exchange of a partnership consisting of more than 20 persons which is upon formation a member firm of the London Stock Exchange by virtue of succeeding to the business of another partnership which was such a member firm.
2
In these Regulations, “the London Stock Exchange” means The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited. N. Hamilton Parliamentary Under-Secretary of State, 24th April 1992
N. Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
24th April 1992


text:
1
This Order may be cited as the Finance Act 1985 (Interest on Tax) (Prescribed Rate) (No. 2) Order 1992 and shall come into force on 6th December 1992.
2
For the purposes of subsections (1), (3) and (6) of section 18 of the Finance Act 1985 the prescribed rate shall be 7 per cent.
Gregory Knight
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 1992


text:
Citation and Commencement
1
The Regulations may be cited as the Hovercraft (Fees) Regulations 1992 and shall come into force on 16th July 1992.
Interpretation and Revocation
2
1
In these Regulations, unless the context otherwise requires —
“ CAA ”means the Civil Aviation Authority;
“costs of making an investigation”means any costs incurred by the CAA in making an investigation;
“hoverplatform”means a hovercraft with no installed means of propulsion or directional control and where any external agency providing propulsion or directional control is not itself a hovercraft;
“item”means an engine, propeller, fan, instrument, component, radio apparatus or equipment;
“maximum weight of the hovercraft”means the maximum total weight specified in the relevant application;
“the Order”means the Hovercraft (General) Order 1972;
“the weight of the type of hovercraft”means the maximum permissible weight specified in the Type Certificate.
2
The Hovercraft (Fees) Regulations 1989 are hereby revoked.
3
The provisions of the Schedule to these Regulations shall have effect with respect to the fees to be paid in connection with the Certificates and other documents and with tests, inspections, investigations, permissions and approvals, required by or for the purposes of the Order.
4
For the purposes of these Regulations a variation of a document incorporated by reference in a Certificate shall be treated as variation of the Certificate itself.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
9th June 1992
We approve the making of these Regulations.
Gregory Knight
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
18th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Revenue Traders (Accounts and Records) Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
1
In these Regulations —
“accounting period” means any period for accounting for duty allowed or prescribed by or under the customs and excise Acts;
“adjustment” means such adjustment of the duty payable in any accounting period as is allowed or prescribed by or under the customs and excise Acts with respect to errors in accounting for the duty made in any previous accounting period;
“duty” means any duty of excise;
“duty payable” means duty which is due and payable by a person whether or not payment of the duty may be deferred;
“excise duty account” is the account described in regulation 5;
“excise duty point” (the time when the duty is payable by a person whether or not payment may be deferred) has the meaning given by section 1 of the Finance ( No. 2) Act 1992 ;
“excise goods” means any goods of a class or description which is subject to a duty of excise (whether or not duty is chargeable on the goods).
2
a
The records, excise duty account or the copy specified in paragraph (b) below may be kept or preserved, but without prejudice to the provisions of section 118A(3) and (5) of the Customs and Excise Management Act 1979, in any form, and in particular they may be in documentary or other written form, or be in the form of anything that is commonly called or referred to as an account or a report; and the information which they contain or are to contain may be contained in or be in the form of an item described in Schedule 4 to these Regulations; and
b
the records and other items referred to in sub-paragraph (a) above, as being specified in this sub-paragraph, are —
i
the record and other information required by regulation 4 of these Regulations;
ii
the excise duty account required by regulation 5 of these Regulations;
iii
the record described in regulation 6 of these Regulations;
iv
the record containing the information specified in paragraph (b)
of regulation 7 of these Regulations; and
v
the copy of an item required by regulation 3 of these Regulations.
3
Schedule 1 to these Regulations shall be interpreted in accordance with the notes contained therein (called therein “Notes of interpretation”).
Items and records (including an excise duty account) to be kept and preserved
3
A revenue trader who receives, prepares, maintains or issues an item described in Schedule 1 to these Regulations shall —
a
in the case of a received item, keep and preserve the item;
b
in the case of an issued item, keep and preserve a copy of the item; and
c
in the case of an item that is prepared or maintained and which has not been received or which is not issued, preserve the item.
4
1
A revenue trader shall keep and preserve a record of —
a
the production, buying, selling, importation, exportation, dealing in or handling of any excise goods carried on by him;
b
the goods (whether or not they are excise goods) or services received by him in connection with or to enable him to undertake a transaction or activity described in sub-paragraph (a) of this paragraph; and
c
the financing or the facilitation, made or effected by him, of a transaction or activity described in sub-paragraph (a) of this paragraph (whether or not that transaction or activity was carried on by him).
2
The record, required of a revenue trader by paragraph (1) of this Regulation, shall include —
a
in the case of a receipt by him of excise goods, the date of receipt, and the name and address of the supplier of those goods to him;
b
in the case of the disposal by him of excise goods, the name and address, except where disposed of by a retail sale, of the person who acquires them, and the date of that disposal; and
c
in the case of a transaction described in sub-paragraph (c) of paragraph (1) of this regulation (financing or facilitation) —
i
the date of receipt and the name and address of the person making or effecting that transaction, where the revenue trader (keeping and preserving a record as required by paragraph (1) of this regulation) is the recipient of that transaction; and
ii
the date of making or effecting that transaction and the name and address of the recipient of it, where the revenue trader (keeping and preserving a record as required by paragraph (1) of this regulation) is making or effecting that transaction.
3
The record, required of a revenue trader by paragraph (1) of this regulation, shall contain sufficient information, by way of cross referencing or otherwise, to enable an officer to trace readily any payments, made or received by that trader in respect of any excise goods or of any financing or facilitation described in sub-paragraph (c) of paragraph (1) of this regulation.
5
1
Subject to paragraph (2) of this regulation, a revenue trader who, in an accounting period, is liable to pay an amount of duty shall keep and preserve a record, to be known as the excise duty account, containing the particulars specified in Schedule 2 to these regulations (and this requirement to keep and preserve an excise duty account is called “the obligation” in paragraph (2) of this regulation).
2
Where two or more revenue traders are liable jointly and severally to pay an amount of duty (called below “the debt”), and one of them (called below “the responsible revenue trader”), with the understanding of the other or, as the case may be, the others, agrees to take on the responsibility as between all of those revenue traders, to pay the debt or a portion of it, the obligation of that other or those others shall be considered, for the purposes of this regulation, to be discharged to the extent, having regard to the amount of the debt, that the debt is discharged through any payment made by the responsible revenue trader.
6
A revenue trader shall keep and preserve such records as the Commissioners may specify for any case or cases, in a notice published by them and not withdrawn by a further notice.
Time of recording and period of preservation of items and records (including an excise duty account)
7
A revenue trader required by or under these Regulations to keep a record (including an item or copy of an item governed by regulation 3 of these Regulations) or an excise duty account shall —
a
do so at the time of or as soon as possible after —
i
the happening of the event that is required by these Regulation to be recorded; and
ii
in any other case, the moment when the information, that is by virtue of these Regulations to be recorded, is first known to him; and
b
include in the record or the excise duty account sufficient information, by way of cross referencing or otherwise, to enable an officer to ascertain readily the particulars specified in Schedule 3 to these Regulations.
8
Anything that is required by or under these Regulations to be preserved by a revenue trader shall be preserved for a period of six years, or such lesser period as the Commissioners may allow, starting, on the day that the obligation to preserve arises.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
10th December 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government (Access to Information) (Variation) Order 1992, and shall come into force on 17th July 1992.
Exempt information — further qualification
2
Part II (Qualifications) of Schedule 12A (Access to Information: Exempt Information) to the Local Government Act 1972 shall be varied by the addition, after paragraph 6, of the following —
7
Information falling within any paragraph of Part 1 above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 ( S.I. 1992 No. 1492 ).
.
Michael Howard
Secretary of State for the Environment
22nd June 1992
David Hunt
Secretary of State for Wales
24th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Powys Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Powys Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Powys Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Bronllys Hospital, Bronllys, Powys LD3 0LU and associated hospitals;
b
to manage community health services provided from Bronllys Hospital, Bronllys, Powys LD3 0LU and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Powys Health Authority shall: —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
Powys Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be Powys Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
David Hunt
Secretary of State for Wales
29th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) (Amendment) Regulations 1992 and shall come into force on 20th February 1992.
Application of Regulations
2
The amendment made by regulation 3 of these Regulations has effect in relationto community charge demand notices and rate demand notices issued on or after thecoming into force of these Regulations with respect to the financial year beginning on1st April 1992.
Amendment of Regulations
3
Regulation 4(2) of the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991 is amended by the substitution for the words “Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1991” of the words “Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1992” .
Michael Heseltine
Secretary of State for the Environment
19th February 1992


text:
Title and commencement
1
These Regulations may be cited as the Fodder Plant Seeds (Amendment) Regulations 1992 and shall come into force on 5th August 1992.
Amendment of the Fodder Plant Seeds Regulations 1985
2
The Fodder Plant Seeds Regulations 1985 shall be amended in accordance with the following provisions of these Regulations.
Addition of Festulolium
3
1
In Schedule 1 (‘(A)Gramineae’) below the words “ Festuca rubra L. ” there shall be inserted the words “ Festuca pratensis Huds. x Lolium multiflorum Lam. ” and below the words “Red fescue, Chewings fescue” there shall be inserted the word “Festulolium”.
2
In Schedule 4 Part II paragraph 5 below the words “Red fescue” there shall be inserted the word “Festulolium” and at the appropriate place in columns (2), (4), (6) and (7) there shall be inserted respectively the figures “75”, “96”, “0.3” and “1.5”.
3
In Schedule 4 Part II paragraph 6 below the words “Red fescue” there shall be inserted the word “Festulolium” and at the appropriate place in columns (2), (3), (4), (5), (6), (8), (9), (11), (12), (16) and (17) there shall be inserted respectively the figures “60”, “0”, “0a”, “2”, “5”, “5”, “0.3”, “5”, “0.5”, “20b” and “1.0”.
4
In Schedule 5 Part I paragraph 11(i) in the Table for the dimensions of the dynamic spear sampler after the word “ryegrasses” there shall be inserted the word “festulolium”.
5
In Schedule 5 Part II in the table in paragraph b below the word “Fescues” there shall be inserted the word “Festulolium” and at the appropriate place in the columns headed “Breeder's, Pre-basic and Basic Seed” and “All other Categories” there shall be inserted the figure “200”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th June 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
29th June 1992
David Hunt
Secretary of State for Wales
30th June 1992


text:
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) Regulations 1992 and shall come into force on 1st February 1993.
2
The Premium Savings Bonds Regulations 1972 shall be amended —
a
by the substitution in regulation 6(1) of the word “paragraph” for the words “paragraphs (1A) and”; and
b
by the omission of regulation 6(1A).
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 1992


text:
Citation and Commencement
1
These Rules may be cited as the Town and Country Planning (Inquiries Procedure) Rules 1992 and shall come into force on 30th September 1992.
Interpretation
2
In these Rules, unless the context otherwise requires —
“applicant”, in the case of an appeal, means the appellant;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act ;
“development order” has the meaning given in section 59 of the Planning Act ;
“document” includes a photograph, map or plan;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;
“land” means the land, tree or building to which an inquiry relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means —
in relation to a referred application, the body who would otherwise have dealt with the application;
in relation to an appeal, the body who were responsible for dealing with the application occasioning the appeal;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“referred application” means an application of any description mentioned in rule 3(1) which is referred to the Secretary of State for determination;
“relevant date” means the date of the Secretary of State’s written notice to the applicant and the local planning authority of his intention to cause an inquiry to be held, and “relevant notice” means that notice;
“the 1988 Rules ” means the Town and Country Planning (Inquiries Procedure) Rules 1988 ;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence;
“statutory party” means —
a person mentioned in paragraph (1)(b)(i) of article 22A of the Town and Country Planning General Development Order 1988 whose representa tions the Secretary of State is required by paragraph (3) of that article to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, a person whose representations the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.
“tree preservation order”has the meaning given in section 198 of the Planning Act.
Application of Rules
3
1
These Rules apply in relation to any local inquiry caused by the Secretary of State to be held in England or Wales before he determines —
a
an application in relation to planning permission referred to him under section 77, or an appeal to him under section 78, of the Planning Act;
b
an application for consent referred to him under a tree preservation order or an appeal to him under such an order, with the exceptions that rule 4(1) shall not apply and the references to a statutory party shall be omitted;
c
an application for listed building consent referred to him under section 12, or for variation or discharge of conditions referred to him under that section as applied by section 19, or an appeal to him under section 20, of the Listed Buildings Act;
d
an application for conservation area consent referred to him under section 12 (including an application to which that section is applied by section 19), or an appeal to him under section 20, of the Listed Buildings Act as those sections are applied by virtue of section 74(3) of that Act,
but do not apply to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992 or Rules superseded by those Rules , any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of a notice from the Secretary of State of his intention to cause an inquiry to be held (“the relevant notice”), forthwith inform him and the applicant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall as soon as practicable thereafter inform the applicant and the local planning authority in writing of the name and address of any statutory party who has made representations to him.
2
This paragraph applies where —
a
the Secretary of State has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
b
in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to section 14(2) of the Listed Buildings Act as to how the application is to be determined; or
c
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, or, in the case of an application for consent under a tree preservation order, should be granted together with a direction requiring replanting; or
d
any authority or person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the date of the relevant notice (“the relevant date”) inform the person or body concerned of the inquiry and, unless they have already done so, that person or body shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
Procedure where Secretary of State causes pre-inquiry meeting to be held
5
1
The Secretary of State may cause a pre-inquiry meeting to be held if it appears to him desirable and where he does so the following paragraphs apply.
2
The Secretary of State shall serve with the relevant notice a notification of his intention to cause a meeting to be held and a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the application or appeal in question; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view which is mentioned in rule 4(2)(c), the Secretary of State shall set this out in his statement and shall supply a copy of the statement to the Minister or government department concerned.
3
The local planning authority shall cause to be published in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to cause a meeting to be held and of the statement served in accordance with paragraph (2).
4
The applicant and the local planning authority shall, not later than 8 weeks after the relevant date, each serve an outline statement on the other and on the Secretary of State.
5
Where rule 4(2) applies, the local planning authority shall —
a
include in their outline statement the terms of —
i
any direction given together with a statement of the reasons therefor; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within the period mentioned in paragraph (4), supply a copy of their statement to the person or body concerned.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to serve, within 4 weeks of being so required, an outline statement on him, the applicant and the local planning authority.
7
The meeting (or, where there is more than one, the first meeting) shall be held not later than 16 weeks after the relevant date.
8
The Secretary of State shall give not less than 3 weeks written notice of the meeting to the applicant, the local planning authority, any person known at the date of the notice to be entitled to appear at the inquiry and any other person whose presence at the meeting seems to him to be desirable; and he may require the local planning authority to take, in relation to notification of the meeting, one or more of the steps which he may under rule 10(6) require them to take in relation to notification of the inquiry.
9
The inspector shall preside at the meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return or to attend any further meeting, or may permit him to return or attend only on such conditions as he may specify.
10
Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further meeting. He shall arrange for such notice to be given of a further meeting as appears to him necessary; and paragraph (9) shall apply to such a meeting.
Service of statements of case etc.
6
1
Subject to paragraph (4), the local planning authority shall, not later than —
a
6 weeks after the relevant date, or
b
where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,
serve a statement of case on the Secretary of State, the applicant and any statutory party.
2
Where rule 4(2) applies, the local planning authority shall, unless they have already done so in an outline statement, include in their statement of case the matters mentioned in rule 5(5)(a) and shall supply a copy of the statement to the person or body concerned.
3
Subject to paragraph (4), the applicant shall, not later than —
a
in the case of a referred application where no pre-inquiry meeting is held pursuant to rule 5, 6 weeks after the relevant date, or
b
in the case of an appeal where no such meeting is held, 9 weeks after the relevant date, or
c
in any case where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,
serve a statement of case on the Secretary of State, the local planning authority and any statutory party.
4
The statement of case mentioned in paragraph (1) or, as the case may be, paragraph (3) shall be served no later than the day which is 4 weeks before the date fixed for the holding of the inquiry, where that day falls within whichever of the periods mentioned in either of those paragraphs is applicable to the case.
5
The applicant and the local planning authority may each require the other to send to them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in that party’s statement of case; and any such docu- ment, or relevant part, shall be sent as soon as practicable to the party who required it.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry to serve a statement of case, within 4 weeks of being so required, on the applicant, the local planning authority, the Secretary of State and any (or any other) statutory party.
7
The Secretary of State shall supply any person from whom he requires a statement of case in accordance with paragraph (6) with a copy of the applicant’s and the local planning authority’s statement of case and shall inform that person of the name and address of every person on whom his statement of case is required to be served.
8
The Secretary of State or an inspector may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify; and a person so required shall provide the Secretary of State, or as the case may be, the inspector, with that information in writing and shall, at the same time, send a copy to any other person on whom the statement of case has been served.
9
Any person other than the applicant who serves a statement of case on the local planning authority shall serve with it a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (11).
10
Unless he has already done so, the Secretary of State shall in the case of a referred application, and may in the case of an appeal, not later than 12 weeks from the relevant date serve a written statement of the matters referred to in rule 5(2) on the applicant, the local planning authority, any statutory party and any person from whom he has required a statement of case.
11
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any statement of case or other document which, or a copy of which, has been served on them in accordance with this rule, and of their statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement or otherwise served by them pursuant to this rule; and shall specify in their statement of case the time and place at which the opportunity will be afforded.
Further power of inspector to hold pre-inquiry meetings
7
1
Where no pre-inquiry meeting is held pursuant to rule 5, an inspector may hold one if he thinks it desirable.
2
An inspector shall arrange for not less than 2 weeks written notice of a meeting he proposes to hold under paragraph (1) to be given to the applicant, the local planning authority, any person known at the date of the notice to be entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable.
3
Rule 5(9) shall apply to a meeting held under this rule.
Inquiry time-table
8
1
Where a pre-inquiry meeting is held pursuant to rule 5 an inspector shall, and in any other case may, arrange a time-table for the proceedings at, or at part of, an inquiry and may at any time vary the time-table.
2
An inspector may specify in a time-table arranged pursuant to this rule a date by which any proof of evidence and summary required by rule 13(1) to be sent to him shall be so sent.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than —
a
22 weeks after the relevant date; or
b
in a case where a pre-inquiry meeting is held pursuant to rule 5, 8 weeks after the conclusion of that meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the relevant period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
6
The Secretary of State may require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to serve a notice of the inquiry on such persons or classes of persons as he may specify, within such period as he may specify;
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
7
Where the land is under the control of the applicant he shall, if so required by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Every notice of inquiry published, served or posted pursuant to pararaph (6), or affixed pursuant to paragraph (7), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the application or appeal in question;
b
a written description of the land sufficient to identify approximately its location; and
c
a brief description of the subject matter of the application or appeal.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 2(1)
of the Planning Act or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980 ;
v
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980;
vi
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
vii
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area designated as a new town, the development corporation for the new town or the Commission for the New Towns as its successor;
e
statutory party;
f
the council of the parish or community in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under section 14 of the Listed Buildings Act, the Commission;
h
any other person who has served a statement of case in accordance with rule 6(6) or who has served an outline statement in accordance with rule 5(6).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
Representatives of government departments and other authorities at inquiry
12
1
Where —
a
the Secretary of State or the Commission has given a direction such as is described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed a view such as is described in rule 4(2)(c) and the local planning authority have included the terms of the expression of view in a statement served in accordance with rule 5(4) or 6(1); or
c
another Minister of the Crown or any government department has expressed a view such as is described in rule 4(2)(c) and the Secretary of State has included its terms in a statement served in accordance with rule 5(2) or 6(10),
the applicant may, not later than 2 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, transmit the application to the other Minister, department or body concerned, who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Proofs of evidence
13
1
A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send a copy of the proof to the inspector together with, subject to paragraph (2), a written summary.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof and any summary shall be sent to the inspector not later than —
a
3 weeks before the date fixed for the holding of the inquiry, or
b
where a time-table has been arranged pursuant to rule 8 which specifies a date by which the proof and any summary shall be sent to the inspector, that date.
4
Where the applicant or the local planning authority send a copy of a proof to an inspector in accordance with paragraph (1), with or without a summary, they shall at the same time send a copy of that proof and any summary to the other party, and to any statutory party; and where any other party so sends a copy of such documents he shall at the same time send a copy to the applicant, the local planning authority and any (or any other) statutory party.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person required by this rule to send a copy of a proof to any other person shall send with it a copy of the whole, or the relevant part, of any document referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(11).
7
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Procedure at inquiry
14
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
Unless in any particular case the inspector with the consent of the applicant otherwise determines, the applicant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the local planning authority and a statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.
4
The inspector may refuse to permit —
a
the giving or production of evidence,
b
the cross-examination of persons giving evidence, or
c
the presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 13(5), the proof of evidence referred to in rule 13(1) shall, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
7
The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
8
The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
9
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
10
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
11
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
Site inspections
15
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the land in the company of the applicant, the local planning authority and any statutory party; and he shall make such an inspection if so requested by the applicant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
16
1
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
2
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of thematters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
If, after the close of an inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording to them an opportunity of making written representations to him within 3 weeks of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking within that period for the re-opening of the inquiry.
5
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the applicant or the local planning authority in the circumstances and within the period mentioned in paragraph (4); and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (3) to (8) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
17
1
The Secretary of State shall notify his decision on an application or appeal, and his reasons for it, in writing to all persons entitled to appear at the inquiry who did appear, and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application made to the Secretary of State within 4 weeks of the date of the decision.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
Procedure following quashing of decision
18
Where a decision of the Secretary of State on an application or appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application or appeal; and
b
shall afford to those persons the opportunity of making, within 3 weeks of the date of the written statement, written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be reopened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
19
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Service of notices by post
20
Notices or documents required or authorised to be served or sent under these Rules may be sent by post.
Revocation, savings and transitional
21
1
Subject to paragraph (2), the Town and Country Planning (InquiriesProcedure) Rules 1988 are hereby revoked, except rule 21 of those Rules so far as it makes provision for the continued application of the Town and Country Planning (Inquiries Procedure) Rules 1974 .
2
Any application or appeal to which the 1988 Rules applied which has not been determined on the date when these Rules come into force (“the commencement date”) shall be continued under these Rules, but —
a
rules 13 and 14(5) of the 1988 Rules shall continue to apply, and rules 8(2), 13 and 14(5) of these Rules shall not apply, in a case where at the commencement date —
i
an inquiry has been opened but not closed; or
ii
a date has been fixed for the holding of an inquiry which is less than 6 weeks after the commencement date; and
b
persons who were section 29(3) parties under the 1988 Rules shall be treated as statutory parties.
Mackay of Clashfern, C.
24th August 1992


text:
1
This Order may be cited as the Maintenance Enforcement Act 1991 (Commencement No. 2) Order 1992.
2
Those provisions of the Maintenance Enforcement Act 1991 not already in force , apart from paragraphs 15 to 17 of Schedule 1 to that Act (and section 10 to the extent necessary to bring those paragraphs into force), shall come into force on 1st April 1992.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State Home Office
2nd March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lancashire National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Lancashire National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West Lancashire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Ormskirk and District General Hospital, Wigan Road, Ormskirk, Lancashire, L39 2AZ and associated hospitals;
b
to manage community health services provided from Ormskirk and District General Hospital, Wigan Road, Ormskirk, Lancashire, L39 2AZ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Lancashire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The West Lancashire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Lancashire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Huddersfield Health Care Services National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Huddersfield Health Care Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Huddersfield Health Care Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Huddersfield Royal Infirmary, Lindley, Huddersfield HD3 3EA and associated hospitals;
b
to manage community health services provided from Huddersfield Royal Infirmary, Lindley, Huddersfield HD3 3EA and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Huddersfield District Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Huddersfield District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the Huddersfield District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
— These Regulations may be cited as the Retention of Registration Marks Regulations 1992 and shall come into force on 1st April 1992.
2
1
In these Regulations —
“the 1971 Act ” means the Vehicles (Excise) Act 1971 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“duplicate retention document” means a copy of a retention document issued under regulation 8;
“G.B. records” means the records kept under the 1971 Act, on behalf of the Secretary of State, by the Driver and Vehicle Licensing Agency and does not include any records kept under that Act, on behalf of the Secretary of State, by a Northern Ireland department;
“grantee” in relation to a right of retention, means the person to whom the right is granted;
“right of retention” means such a right as is mentioned in regulation 3(1);
“retention document” shall be construed in accordance with regulation 7.
2
In these Regulations unless the context otherwise requires —
a
any reference to a numbered regulation is a reference to the regulation bearing that number in the Regulations; and
b
any reference to a numbered paragraph is a reference to paragraph bearing that number in the regulation in which the reference occurs.
Rights of retention
3
1
Subject to the following provisions of these Regulations, a person in whose name a vehicle is registered may be granted by the Secretary of State a right, exercisable on a single occasion falling within the period mentioned in paragraph (2), to have the registration mark for the time being assigned to the vehicle assigned to some other vehicle, being a vehicle registered —
a
in that person’s name; or
b
in the name of some other person nominated by him in the application for the grant of the right.
2
The period referred to in paragraph (1) is —
a
within one year from the date of the grant of the right; or
b
within such further period if the Secretary of State thinks fit in the circumstances of any particular case.
3
This regulation applies only to vehicles which are recorded as being registered vehicles in the G.B. records.
Application for the grant of a right of retention
4
An application for the grant of a right of retention shall be made in writing to the Secretary of State and shall be accompanied by —
the registration document issued under the 1971 Act in respect of the vehicle to which the registration mark is for the time being assigned (in this paragraph referred to as “the vehicle”); and
a vehicle licence for the time being in force issued in respect of the vehicle under the 1971 Act or a valid application for such a licence.
5
The fee on the making of an application shall be £25 and may be retained by the Secretary of State whether or not the application is granted.
6
The applicant shall, if required to do so by the Secretary of State, make available the vehicle to which the registration mark is for the time being assigned for inspection at a place designated by the Secretary of State.
Retention document
7
If the Secretary of State grants a right of retention, he shall issue to the applicant a document (“a retention document”) which —
a
records the date of the grant;
b
records the end of the period during which the right is exercisable by virtue of regulation 3(1);
c
records the name of the applicant and where applicable, his nominee;
d
records the registration mark in question; and
e
identifies the type of vehicle to which the registration mark was assigned at the time of the grant.
Issue of duplicate retention documents
8
1
If the grantee notifies the Secretary of State that a retention document has been lost or destroyed, the Secretary of State, upon being satisfied that the retention document has been lost or destroyed, shall issue a copy of the retention document marked as a duplicate.
2
In any case where a duplicate of a lost retention document has been issued and the lost retention document subsequently comes into the possession of the grantee he shall forthwith return it to the Secretary of State.
3
If a retention document becomes defaced or illegible, the grantee may return it to the Secretary of State so that the Secretary of State may issue a copy of the retention document marked as a duplicate.
Refusal of an application for a grant of a right of retention
9
The Secretary of State may refuse an application for the grant of a right of retention on such grounds as he thinks fit.
Exercise of a right of retention
10
1
A right of retention shall be exercisable by means of the presentation by the grantee to the Secretary of State of —
a
the retention document or a duplicate retention document; and
b
the registration document issued under the 1971 Act in respect of the vehicle to which the grantee proposes that the registration mark be assigned, being a vehicle registered in the name of the grantee or his nominee as recorded in the retention document.
Non-transferability of right of retention
11
A right of retention shall be non-transferable but without prejudice to the vesting of any such right in a person by operation of law.
Conditions for the assignment of a registration mark
12
1
A registration mark may not be assigned to a vehicle in pursuance of a right of retention unless the conditions specified in paragraph (2) are satisfied.
2
The conditions are —
a
where the registered number in a registration mark contains a single letter of the alphabet, that the assignment of that mark to a vehicle would not give an indication that the vehicle was first registered more recently than is the case;
b
that a vehicle licence issued under the 1971 Act is in force for the vehicle;
c
that the vehicle is —
i
one to which section 47 of the 1988 Act applies, or would apply if the vehicle had been registered under the 1971 Act more than three years earlier; or
ii
of a class to which regulations under section 49 of the 1988 Act applies;
d
that the Secretary of State is satisfied as to the origins of the vehicle and the date on which it was first used; and
e
that the vehicle is recorded as being a registered vehicle in the G.B. records.
3
For the purpose of determining whether a vehicle falls within sub-paragraph (2)(c)(i), the Motor Vehicles (Tests) Regulations 1981 shall have effect as if sub- paragraph (xvi) of regulation 6(1) of those Regulations (which relates amongst other things to test certificates issued in respect of a vehicle under the law of Northern Ireland) were omitted.
4
In this regulation, “registered number” has the same meaning as in regulation 9 of the Road Vehicles (Registration and Licensing) Regulations 1971 .
Revocation of right of retention
13
The Secretary of State may revoke a right of retention if it appears to him that there are special reasons for doing so.
Payment of charge upon an assignment
14
In respect of any assignment of a registration mark in pursuance of a right of retention, the charge as is for the time being prescribed by virtue of section 12(1) of the Finance Act 1976 shall be payable.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
6th March 1992


text:
Citation and commencement
1
This Order may be cited as the Gas (Modification of Therm Limits) Order 1992 and shall come into force on 6th August 1992.
Amendment of the Gas Act 1986
2
In the following provisions of the Gas Act 1986: —
a
section 4(2)(d) (duty of Secretary of State etc. to enable persons to compete effectively);
b
section 8(5)(b) (limitation of authorisation to premises a minimum distance from the main of a public gas supplier unless a specified rate of supply is exceeded of gas); and
c
section 14(4)(b) (provision for special agreements with customers for a minimum supply of gas),
for “25,000 therms ” there shall be substituted “2,500 therms”.
Consequential amendment of the Gas (Metrication) Regulations 1992
3
For paragraph (5)(a) of regulation 3 of the Gas (Metrication) Regulations 1992 there shall be substituted the following paragraph: —
5
With effect from 1st January 2000 —
a
in the following provisions —
i
section 7(12) (definition of “relevant main”), and
ii
section 10(5) (limitation on public gas supplier’s duty to supply),
for “25,000 therms ” there shall be substituted “732,000 kilowatt hours ”; and
in the following provisions —
section 4(2)(d) (duty of Secretary of State etc. to enable persons to compete effectively),
section 8(5)(b) (limitation of authorisation to premises a minimum distance from the main of a public gas supplier unless a specified rate of supply is exceeded of gas), and
section 14(4)(b) (provision for special agreements with customers for a minimum supply of gas),
for “2,500 therms ” there shall be substituted “73,200 kilowatt hours ”;
.
Tim Eggar
Minister of State,
Department of Trade and Industry
14th July 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1992 and shall come into force —
a
for the purposes of this regulation, on 1st August 1992;
b
for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 2, regulation 2(1) so far as it relates to those sub-paragraphs, and regulation 3,
i
to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1992 but before 1st September 1992, on the first Monday of that period;
ii
in any other case, on 7th September 1992;
c
for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs,
i
to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1992 but before 1st September 1992, on the first Tuesday of that period;
ii
in any other case, on 1st September 1992;
d
for the purposes of sub-paragraph (e) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to that sub-paragraph, but subject to sub-paragraph (e) below,
i
to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1992 but before 1st September 1992, on the first day of that period;
ii
in any other case, on 1st September 1992;
e
regulation 2(2)(e) shall come into force in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in sub-paragraph (d) of this paragraph which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations .
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Student’s grant income
2
1
In the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “£257” in each place where it occurs there shall be substituted the amount “£267”.
2
The regulations are —
a
regulation 38(2)(g) of the Community Charge Benefits (General) Regulations 1989 ;
b
regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991 ;
c
regulation 38(2)(f) of the Family Credit (General) Regulations 1987 ;
d
regulation 53(2)(g) of the Housing Benefit Regulations;
e
regulation 62(2)(g) of the Income Support Regulations.
Student’s eligible rent
3
In regulation 51(1) of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£23.45” in sub-paragraph (a) there shall be substituted the amount “£24.30” and for the amount “£16.25” in sub-paragraph (b) there shall be substituted the amount “£16.85”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
1st July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Hampshire Water Company (Constitution and Regulation) Order 1992 and shall come into force on 15th September 1992.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 15th September 1992.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 15th September 1992.
Signed by authority of the Secretary of State for the Environment
David Maclean
Minister of State,
Department of the Environment
18th August 1992