text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gateshead Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“ establishment date” means 4th November 1992;
“ operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“ the trust” means the Gateshead Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Gateshead Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Queen Elizabeth Hospital, Sherriff Hill, Gateshead NE9 6SX and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Gateshead 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 Gateshead 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 Gateshead Health Authority.
Restrictions on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1992 and shall come into force on 14th February 1992.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and references to “Schedule 1” are references to Schedule 1 to the principal Regulations.
Amendment of regulation 31 of the principal Regulations
2
In regulation 31 of the principal Regulations (disposal of contributions not properly paid) —
a
at the beginning there shall be inserted the paragraph number “(1)”;
b
for the words “(other than Class 4 contributions)” there shall be substituted the words “(other than Class 1 A or Class 4 contributions)”; and
c
at the end there shall be added the following paragraph —
2
Where the whole or any part of a Class 1 A contribution falls to be returned by the Secretary of State to any person under regulation 32(1) of these Regulations, or any part of a Class 1A contribution falls to be repaid by the Secretary of State to any person under regulation 33A(1) of these Regulations, the Secretary of State may treat the amount of that contribution or, as the case may be, that part of that contribution as a payment on account of any secondaryClass 1 contributions or Class 2 contributions properly payable by that person.
.
Amendment of regulation 32 of the principal Regulations
3
In regulation 32(1) of the principal Regulations (return of contributions) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
in the case of Class 1 A contributions, does not exceed £0.50, or
b
in the case of —
i
Class 1 contributions, or
ii
Class 2 contributions paid in excess of the amount prescribed in regulation 17,
.
Insertion of regulation 33 A into the principal Regulations
4
After regulation 33 of the principal Regulations (return of Class 1 contributions paid at the non-contracted-out rate) there shall be inserted the following regulation —
Repayment of Class 1 A contributions
33A
1
Subject to the provisions of regulations 31 and 35 of these Regulations and the following provisions of this regulation, where, in a case prescribed in paragraph (2) of this regulation, the Secretary of State is satisfied, in the light of information of a kind mentioned in section 4 A (6) (a), (b) or (c) of the Act, that too much has been paid in respect of the Class 1 A contribution payable by the person referred to in that paragraph, the Secretary of State shall repay to that person the amount of that part of the Class 1 A contribution which has been overpaid, unless that amount does not exceed £0.50.
2
The cases to which paragraph (1) of this regulation applies are those in which a person has paid a Class 1 A contribution and in calculating the cash equivalent of the benefit of the car or fuel for the purpose of ascertaining the amount of that contribution under section 4 A (4) of the Act —
a
he made that calculation by reference to information which had been made available to him by the earner in the employment by reason of which the car was made available and that information was inaccurate or incomplete; or
b
he had been unable to obtain information for that purpose from the earner because at the time when he made that calculation the earner —
i
was absent from work because of the earner’s sickness, injury, pregnancy or confinement,
ii
was absent from Great Britain, or
iii
was no longer employed in the employment by reason of which the car was made available; or
c
he had become liable to pay that contribution by reason of a change of employer and the information available to him for the purpose of ascertaining the amount of that contribution was inaccurate or incomplete.
3
The repayment of part of a Class 1 A contribution under paragraph (1) of this regulation is subject to the condition that the person referred to in that paragraph shall make an application to that effect in writing to the Secretary of State and within the period of 6 years from the end of the year in which the Class 1 A contribution was paid or, if the Secretary of State is satisfied that that person had good cause for not making the application within that period, within such longer period as the Secretary of State may allow.
.
Amendment of regulation 46 of the principal Regulations
5
In regulation 46 of the principal Regulations (collection and recovery of earnings-related contributions) —
a
after the words “earnings-related contributions” in the heading to that regulation and in each place in that regulation where those words occur there shall be inserted the words “and Class 1 A contributions”; and
b
for the word “purpose” there shall be substituted the word “purposes”. Amendment of regulation 47 of the principal Regulations
6
In regulation 47 of the principal Regulations (direct collection and recovery of earnings-related contributions) after the words “earnings-related contributions” in the heading to that regulation and in each place in that regulation where those words occur there shall be inserted the words “or Class 1 A contributions”.
Amendment of regulation 50 of the principal Regulations
7
In regulation 50(2) of the principal Regulations (special provisions relating to employers exempted from liability under the Act by international treaty or convention) after the words “in respect of the employment” there shall be inserted the words “or contributions under section 4A of the Act in respect of any car made available to the earner or to a member of his family or household by reason of the employment, in either case”.
Amendment of regulation 119 of the principal Regulations
8
In regulation 119 of the principal Regulations (conditions as to residence or presence in Great Britain) —
a
in paragraph (1) for the words “liability or entitlement to pay Class 1 or Class 2 contributions or entitlement to pay Class 3 contributions” there shall be substituted the words “liability or entitlement to pay Class 1 or Class 2 contributions, liability to pay Class 1 A contributions or entitlement to pay Class 3 contributions”;
b
in paragraph (1) (b) for the words “liability for secondary Class 1 contributions” there shall be substituted the words “liability to pay secondary Class 1 contributions or Class 1 Acontributions”; and
c
in paragraph (2) for the words beginning with “subject to the proviso that no primary or secondary Class 1 contribution” and ending with “last entry into Great Britain” there shall be substituted the following words —
subject to the provi so that —
no primary or secondary Class 1 contribution shall be payable in respect of the earnings of the employed earner for such employment, and
no Class 1 A contribution shall be payable in respect of any car which is made available to the employed earner or to a member of his family or household by reason of such employment, after the date of the earner’s last entry into Great Britain
.
Amendment of regulation 120 of the principal Regulations
9
In regulation 120(2) of the principal Regulations (payment of contributions for periods abroad) after sub-paragraph (b) there shall be added the following sub-paragraph —
c
Class 1 A contributions shall be payable in respect of the period specified in sub-paragraph (a) of this paragraph.
.
Amendment of heading to Schedule 1
10
In the heading to Schedule 1 (which, with extensions and modifications, are provisions of the Income Tax (Employments) Regulations 1973 as they apply to earnings-related contributions under the Social Security Act 1975) after the words “EARNINGS-RELATED CONTRIBUTIONS” there shall be inserted the words “AND CLASS 1 A CONTRIBUTIONS”.
Amendment of heading to Parts II and III of Schedule 1
11
In the heading to Parts II and III of Schedule 1, after the word “CONTRIBUTIONS” there shall be added the words “AND RECORDING OF CLASS 1 A CONTRIBUTIONS”. Amendment of Regulation 13 in Schedule 1
12
In Regulation 13(6) in Schedule 1 (calculation and recording of deductions of earnings-related contributions) after the words “paragraph (6 B) of this Regulation” there shall be inserted the words “and the provisions of Regulation 13A (b)”.
Insertion of Regulation 13A into Schedule 1
13
After Regulation 13 in Schedule 1th ere shall be inserted the following Regulation —
Recording of Class 1A contributions 13A.
Not later than 75 days after the end of the year in respect of which a Class 1A contribution is payable, every employer who is liable topay such a contribution —
a
shall, if he has not already done so in accordance with or as mentioned in Regulation 6, prepare a deductions working sheet in respect of the year immediately following the year in respect of which that contribution is payable and in respect of the employee by reason of whose employment the car was made available; and
b
shall record on the deductions working sheet for that employee, in addition to any particulars required under Regulation 13(6), the following particulars, namely —
i
the appropriate category letter indicated by the Secretary of State for recording the amount of the Class 1A contributions payable by anemployer, and
ii
the amount of the Class 1A contribution which the employer has calculated as being payable by him in accordance with section 4A(4) of the Act in respect of the employee and car in question, and he shall retain the deductions working sheet for not less than three years after the end of the year in which the Class 1 A contribution is payable.
.
Amendment of heading to Part IV of Schedule 1
14
In the heading to Part IV of Schedule 1 after the words “EARNINGS-RELATED CONTRIBUTIONS” there shall be inserted the words “AND CLASS 1 A CONTRIBUTIONS”.
Insertion of Regulation 26 C into Schedule 1
15
After Regulation 26 B in Schedule 1 (payment of earnings-related contributions by employer) there shall be inserted the following Regulation —
Payment of Class 1 A contributions 26 C.
1
Subject to paragraph (2) of this Regulation, an employer who is liable to pay a Class 1 A contribution shall pay that contribution to the Collector not later than 19th June in the year immediately following the end of the year in respect of which that contribution is payable.
2
Where an employer who is liable to pay a Class 1 A contribution is liable to pay earnings-related contributions quarterly in accordance with Regulation 26 A (1), he shall pay the Class 1A contribution to the Collector not later than 19th July in the year immediately following the end of the year in respect of which that contribution is payable.
3
If the employer has paid to the Collector under this Regulation an amount in respect of Class 1 A contributions which he was not liable to pay, he shall be entitled to deduct the amount overpaid from any payment in respect of secondary earnings-related contributions which he is liable to pay subsequently to the Collector under Regulation 26 or 26A for any income tax period in the same year.
.
Amendment of Regulation 27 in Schedule 1
16
In Regulation 27 in Schedule 1 (employer failing to pay earnings-related contributions) —
a
in the heading to the Regulation, after the words “earnings-related contributions” there shall be added the words “or Class 1A contributions”;
b
after paragraph (2) there shall be added the following paragraph —
2A
If the employer has paid no amount of Class 1 A contributions to the Collector by the date which applies to him under Regulation 26C(1) or (2) and the Collector is unaware of the amount, if any, which the employer is liable so to pay, the Collector may give notice to the employer requiring him to render, within 14 days, a return in the prescribed form showing the amount of Class 1 A contributions which the employer is liable to pay to the Collector under that Regulation in respect of the year in question.
; and
c
for paragraph (3) there shall be substituted the following paragraph —
3
A notice may be given by the Collector —
a
under paragraph (1) of this Regulation notwithstanding that anamount of earnings-related contributions has been paid to him by the employer under Regulation 26 or 26 A for any income tax period, or
b
under paragraph (2A) of this Regulation notwithstanding that anamount of Class 1 A contributions has been paid to him by the employer under Regulation 26 C (1) or (2) in respect of the year in question, if the Collector is not satisfied that the amount so paid is the full amount which the employer is liable to pay to him for that period or, as the case may be, that year, and the provisions of this Regulation shall have effect accordingly.
.
Insertion of Regulation 27 B into Schedule 1
17
After Regulation 27 A in Schedule 1 (specified amount of earnings-related contributions payable by the employer) there shall be inserted the following Regulation —
Specified amount of Class 1 A contributions 27 B.
1
If after 14 days following the date which applies to him under Regulation 26 C (1) or (2) the employer has paid no amount of Class 1 A contributions to the Collector in respect of the preceding year, despite demand being made, and there is reason to believe that the employer is liable so to pay, the Collector —
a
in the case of the first year in which the employer is liable to pay such contributions, upon consideration of any information which has been provided to him by the employer relating to the liability of the employer to pay such contributions, or
b
thereafter, upon consideration of the employer’s record of past payments, may to the best of his judgement specify the amount of Class 1A contributions which he considers the employer is liable to pay and give notice to him of that amount.
2
If, on the expiration of the period of 7 days allowed in the notice, the specified amount of Class 1 A contributions or any part thereof is unpaid, the amount so unpaid shall be certified by the Collector and shall be deemed, for the purposes of these Regulations, to be an amount of Class 1 A contributions which the employer was liable to pay in respect of that year in accordance with Regulation 26 C (1) or (2).
3
The provisions of paragraph (2) of this Regulation shall not apply if, during the period allowed in the notice, the employer pays to the Collector the full amount of Class 1 A contributions which the employer is liable to pay under Regulation 26 C (1) or (2) in respect of that year, or the employer satisfies the Collector that no amount of such contributions is due.
5
A notice may be given by the Collector under paragraph (1) of this Regulation not withstanding that an amount of Class 1 A contributions has been paid to him by the employer under Regulation 26C(1) or (2) in respect of the year in question, if, after seeking the employer’s explanation as to the amount of Class 1A contributions paid, the Collector is not satisfied that the amount so paid is the full amount which the employer is liable to pay to him in respect of that year, and the provisions of this Regulation shall have effect accordingly, save that paragraph (2) of this Regulation shall not apply if, during the period allowed in the said notice, the employer satisfies the Collector that no further amount of Class 1 A contributions is due in respect of that year.
6
Where, during the period allowed in a notice given by the Collector under paragraph (1) of this Regulation, the employer claims, but does not satisfy the Collector, that the payment of Class 1 A contributions made in respect of the year specified the rein is the full amount of Class 1 A contributions which he is liable to pay to the Collector in respect of that year, the employer may require the Collector to inspect the employer’s documents and records as if the Collector had called upon the employer to produce those documents and records in accordance with Regulation 32(1); and the provisions of Regulation 32 shall apply in relation to that inspection and the notice given by the Collector under paragraph (1) of this Regulation shall thereafter be disregarded.
7
Notwithstanding anything in this Regulation, if the employer pays an amount of Class 1 A contributions certified by the Collector under this Regulation and that amount exceeds the amount which he would have been liable to pay in respect of the preceding year apart from this Regulation, he shall be entitled to set off such excess against any amount of secondary earnings-related contributions which he is liable to pay to the Collector under Regulation 26 or 26 A subsequently for any income tax period in the year in which he has paid the amount of Class 1A contributions certified by the Collector under this Regulation.
.
Substitution of Regulation 28 in Schedule 1
18
For Regulation 28 in Schedule 1 (recovery of earnings-related contributions) there shall be substituted the following Regulation —
Recovery of earnings-related contributions or Class 1A contributions
28
1
The provisions of the Income Tax Acts and of any Regulations undersection 203 (pay as you earn) of the Income and Corporation Taxes Act 1988 relating to the recovery of tax shall apply to the recovery of —
a
any amount of earnings-related contributions which an employer is liable to pay to the Collector for any income tax period in accordance with Regulation 26 or 26 A, or which he is deemed to be liable to pay to the Collector for any income tax period under Regulation 27 A, or
b
any amount of Class 1 A contributions which an employer is liable to pay to the Collector in respect of any year in accordance with Regulation 26 C (1) or (2) or which he is deemed to be liable to pay to the Collector in respect of any year under Regulation 27 B, as if each of those amounts had been tax charged by way of an assessment on the employer under Schedule E:
Provided that, in the application to any proceedings taken by virtue of this Regulation of any such provisions limiting the amount which is recoverable in those proceedings, there shall be disregarded any amount of tax which may by virtue of the following paragraph be included as part of the cause of action or matter of complaint in those proceedings.
earnings-related contributions which the employer is liable to pay to the Collector for any income tax period, or
Class 1 A contributions which the employer is liable to pay to the Collector in respect of any year, or
both of those classes of contributions as specified in sub-paragraphs (a) and (b) of this paragraph, or
any of the contributions as specified in sub-paragraph (a), (b) or (c) of this paragraph in addition to any tax which the employer is liable to pay to the Collector for any income tax period,
without specifying the respective amounts of those contributions and of tax or distinguishing the amounts which the employer is liable to pay in respect of each employee and without specifying the employees in question, and for the purposes of proceedings under section 66 of the Taxes Management Act 1970 (including proceedings under that section as applied by the provisions of this Regulation) and for the purposes of summary proceedings (including in Scotland proceedings in the sheriff court or in the sheriff’s small debt court), the said total amount shall, subject to the provisions of the proviso to paragraph (1) of this Regulation, be one cause of action or one matter of complaint; but noting in this paragraph shall prevent the bringing of separate proceedings for the recovery of each of the several amounts of earnings-related contributions, Class 1A contributions and of tax which the employer is liable to pay to the Collector for any income tax period in respect of his several employees, or, in the case of Class 1A contributions, in respect of any year in which any cars were made available to his several employees.
.
Amendment of Regulation 30 in Schedule 1
19
1
Regulation 30 in Schedule 1 (return by employer at end of year) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) (g) for the word “pounds.” there shall be substituted the words “pounds, and”.
3
After paragraph (1) (g) there shall be added the following sub-paragraph —
h
the amount of any Class 1 A contribution payable in that year, shown in the return under the appropriate category letter and separately from the total amounts under head (iii) of the said Regulation 13(6)(b).
.
4
In paragraph (2) (g) for the word “Regulations.” at the end of that sub-paragraph there shall be substituted the words “Regulations; and”.
5
After paragraph (2) (g) there shall be added the following sub-paragraphs —
h
the total amount of Class 1 A contributions payable by him in respect of each employee during that year; and
i
the total amount of Class 1 A contributions payable by him in respect of all his employees during that year.
.
6
For paragraph (6) there shall be substituted the following paragraph —
6
If within 14 days of the end of any year an employer has failed to pay to the Collector the total amount of earnings-related contributions which he is liable so to pay, or any Class 1 A contributions which he is liable to pay in respect of the year immediately preceding that year, the Collector may prepare a certificate showing —
a
the amount of earnings-related contributions remaining unpaid for that year, excluding any amount deducted by the employer by virtue of the Compensation of Employers Regulations, or (b) the total amount of Class 1A contributions remaining unpaid in respect of the year immediately preceding that year, or
c
both those total amounts;
and to the amount shown in the said certificate the provisions of paragraphs (1) and (2) of Regulation 28 shall with any necessary modifications apply.
.
Amendment of Regulation 32 in Schedule 1
20
1
Regulation 32 in Schedule 1 (inspection of employer’s records) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1) (a) there shall be inserted the following sub-paragraph —
aa
all wages sheets, deductions working sheets, and other documents and records what soever relating to the amount of any Class 1A contributions payable by the employer in respect of the years specified by such officer; or
.
3
At the end of paragraph (2) (a) for the word “and” there shall be substituted the word “or”.
4
After paragraph (2) (a) there shall be inserted the following sub-paragraph —
aa
the amount of any Class 1A contributions which it appears from the documents and records so produced that the employer is liable to pay to the Collector for the years covered by the inspection, or such an amount in addition to an amount referred to in sub-paragraph (a) of this paragraph; and
.
5
In paragraph (2) (b) after the words “earnings-related contributions” there shall be inserted the words “or Class 1A contributions, or both of those classes of contributions,”.
6
In paragraph (5) for the word “relate.” there shall be substituted the words “relate; and, in the case of any of those documents or records which contains any information relating to the amount of any Class 1A contribution, for not less than three years after the end of the year in which that contribution became payable under Regulation 26 C (1) or (2).”.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
16th January 1992
The Commissioners of Inland Revenue hereby concur
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
21st January 1992


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Exemption) (England) Regulations 1992 and shall come into force on 6th April 1992.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government, Planning and Land Act 1980;
“local authority” means a district council in England, a London borough council or the Common Council of the City of London in its capacity as local authority;
“housing action trust” means a housing action trust established before 6th April 1992 under Part III of the Housing Act 1988 .
Description of contract to which section 7(1) of the Act does not apply
3
Section 7(1) of the Act (limitations on power to enter into works contracts) shall not apply to a contract which satisfies the following conditions —
a
the contract is made between a local authority and a housing action trust;
b
the contract provides for the local authority to carry out work for the housing action trust in connection with property which has vested in the housing action trust and which was, immediately before so vesting, in the ownership of the local authority;
c
the work to be carried out under the contract is of the same description as work which was, immediately before the property so vested, carried out in connection with the property by the local authority as functional work after complying with the requirements of section 9 of the Act and any regulations made under this section in respect of that work;
d
without prejudice to paragraph (e) below, the contract does not provide for work to be carried out —
i
on or after the date when, if the work had continued to be functional work, the local authority would not have been permitted to continue to carry it out unless they had invited further offers to undertake the work in accordance with section 9 of the Act and any regulations made under that section, or
ii
if that date would have been less than three months after the property vested in the housing action trust, more than three months after the property so vested; and
e
the contract does not provide for work to be carried out more than 12 months after the property so vested.
Michael Heseltine
Secretary of State for the Environment
9th March 1992


text:
1
This Order may be cited as the New Towns (Defects Grants) (Payments to District Councils) (Extensions of Time) (Amendment) Order 1992 and shall come into force on 1st March 1992.
2
In article 2 of the New Towns (Defects Grants) (Payments to District Councils) (Extensions of Time) Order 1990 (extensions of time for payments of grants) substitute “1st April 1997” for “31st March 1994”.
Michael Heseltine
Secretary of State for the Environment
14th January 1992


text:
Citation, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Export of Dangerous Chemicals Regulations 1992 and shall come into force on 29th November 1992.
2
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the principal Regulation ” means Council Regulation ( EEC ) No. 2455/92 concerning the export and import of certain dangerous chemicals .
Appointment of designated authority
2
The Health and Safety Commission established under section 10 of the 1974 Act shall be the designated authority competent for the notification and information procedures laid down by the principal Regulation.
False or misleading information
3
An exporter shall not provide information pursuant to the requirement in Article 4(1) of the principal Regulation knowing it to be false or misleading in a material particular or being reckless as to whether it is false or misleading in a material particular.
Enforcement and offences
4
1
The enforcement and offences provisions of the 1974 Act shall apply to any requirement or prohibition imposed upon an exporter by the principal Regulation or by regulation 3 of these Regulations as if the requirement or prohibition concerned had been imposed by regulations made under section 15 of that Act.
2
The Health and Safety (Enforcing Authority) Regulations 1989 shall not apply to any requirement or prohibition referred to in paragraph (1) above.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
9th October 1992


text:
1
This Order may be cited as the Education (Polytechnics and Colleges Funding Council) (Supplementary Functions) Order 1992 and shall come into force on 23rd March 1992.
2
In this Order “the PCFC ” means the Polytechnics and Colleges Funding Council.
3
1
The Secretary of State hereby confers on the PCFC the supplementary function of exercising on his behalf his functions in relation to the property referred to in paragraph (2) below.
2
That property is land and other property which is or was used or held for the purpose of an institution to which paragraph (3) below applies, and in respect of which the Secretary of State is entitled to any right or interest, or would be so entitled on the occurrence of an event, by virtue of a term or condition of grant made by him to the institution or any undertaking given by or on behalf of the institution.
3
This paragraph applies to any institution for the time being designated under section 129 of the Education Reform Act 1988.
4
In exercising this function the PCFC shall provide the Secretary of State with such information and advice as he may from time to time require, and shall act in accordance with such directions as the Secretary of State may give from time to time.
5
Where in the exercise of the Secretary of State’s functions the PCFC receive sums to which the Secretary of State is entitled they shall forthwith pay those sums to him.
6
The operation of section 134(10) of the Education Reform Act 1988 is hereby excluded in relation to the supplementary function conferred by this Order.
Kenneth Clarke
Secretary of State for Education and Science
28th February 1992


text:
1
This Order may be cited as the Public Order (Football Exclusion) (Amendment) Order 1992 and shall come into force on 1st August 1992.
2
Paragraph 1 of the Schedule to the Public Order (Football Exclusion) Order 1987 , shall be amended by inserting after the words “Football League” the words “or the Football Association Premier League”.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
30th June 1992


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 1) Order 1992 and shall come into force on 23rd March 1992.
Identification of site and designation of restricted area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 50° 53'.42 North, Longitude 00° 41'.91 East.
2
The area within a distance of 75 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Revocation
3
The Protection of Wrecks (Designation No. 7) Order 1974 is hereby revoked.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
24th February 1992


text:
1
1
This Order may be cited as the Returning Officers' Charges Order 1992 and shall come into force on 17th March 1992.
2
This Order extends to Great Britain only.
3
The Returning Officers' Charges Order 1991 is hereby revoked.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A of the Schedule”), and
b
expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B of the Schedule”) and expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as the amounts set out in the right-hand column of those Parts in respect of each entry set out opposite thereto in the left-hand column of those Parts.
3
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£321.50 in respect of the services specified in Part A of the Schedule, and
b
£795.78 in respect of the expenses specified in Part B of the Schedule.
4
In the Schedule to this Order —
a
“election” means a parliamentary election, and
b
any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
9th March 1992
We consent to this Order
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
Citation and commencement
1
This Order may be cited as the Medway Ports Authority Scheme 1991 Confirmation Order 1992 and shall come into force on 29th February 1992.
Confirmation of Scheme
2
1
The Medway Ports Authority Scheme 1991 is hereby confirmed with modifications.
2
The text of the said Scheme as so confirmed is set out in the Schedule hereto.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
6th February 1992


text:
Title and commencement
1
This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1992 and shall come into force on 28th August 1992.
Variation of the principal Scheme
2
The Schedule to the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) is hereby varied as follows —
i
in column 1, after “ Euphorbia Milii ” insert “ Galtonia candicans ”;
ii
in column 2, after “ Euphorbia Milii ” insert “ Galtonia candicans ”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th July 1992.
Derek H. Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd August 1992
David Hunt
Secretary of State for Wales
31st July 1992
Patrick Mayhew
Secretary of State for Northern Ireland
3rd August 1992
Kenneth Clarke
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
31st July 1992


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1992 and shall come into force on 16th June 1992.
2
In this Order —
a
“the temporary provisions of the 1991 Act ” means Parts I to VIII of the Northern Ireland (Emergency Provisions) Act 1991 except —
i
section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 9 and 10;
ii
sections 63 and 64; and
iii
paragraph 20 of Schedule 4;
b
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989, that is to say Parts III and V of that Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The temporary provisions of the 1991 Act except section 34 and Schedule 3, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 16th June 1992.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
15th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cumbria Ambulance Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Cumbria Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Cumbria Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Service, Headquarters, Coledale Hall, 94 New Town Road, Carlisle CA2 7LL 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 East Cumbria 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 East Cumbria 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 East Cumbria 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
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
1
These Regulations shall come into force on 1st January 1993 and may be cited as the Street Works (Sharing of Costs of Works) Regulations 1992.
2
1
In these regulations: —
“ the Act ” means the New Roads and Street Works Act 1991;
“authority” means a highway, bridge or transport authority;
“the Code” means the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992, and approved by the Secretary of State on 30th June 1992 as revised and re-issued from time to time;
“works” means major highway works, major bridge works or major transport works;
a reference to a regulation followed by a number is a reference to the regulation bearing that number in these Regulations, and a reference to a paragraph followed by a number or a letter is a reference to the paragraph bearing that number or letter in the regulation in which the reference occurs.
2
For the purposes of these Regulations “allowable costs” means all the reasonable costs of the measures needed to be taken for the purpose specified in section 84(1) of the Act except costs incurred: —
a
in preparing the initial set of plans and estimates in relation to those measures (but not in preparing any further plans and estimates which the authority may require); and
b
in relation to the undertaker’s apparatus placed in a street after the undertaker was given notice as mentioned in section 85(2)(a) of the Act.
3
Save as provided in regulations 7 and 9, in cases where works are initiated by an authority and an undertaker executes measures which need to be taken in respect of his apparatus because of those works, the authority shall pay to the undertaker a sum equal to the allowable costs incurred by the undertaker in taking those measures, provided that the authority shall pay only 82 per cent of the said allowable costs if the authority pays to the undertaker a sum equal to 75 per cent of the estimate of the said 82 per cent pursuant to paragraph (a) of regulation 9.
4
Save as provided in regulation 7, in a case where works are initiated by an authority and the authority executes measures which need to be taken in respect of apparatus of an undertaker because of those works, the undertaker shall pay to the authority a sum equal to 18 per cent of the allowable costs incurred by the authority in taking those measures.
5
In a case where works are initiated by an authority and are done by the authority, an undertaker whose apparatus is moved by an authority at the request of the undertaker solely because of a change in the type of highway construction (not involving an alteration in the depth of cover to a depth less or, as the case may be, greater than the acceptable depth referred to in Appendix B to the Code) shall be liable to pay to the authority a sum equal to the whole of the allowable costs incurred by the authority in moving the apparatus: —
6
Save as provided in regulation 7, in a case where works are initiated by a person other than an authority in its capacity as such or an undertaker and for the purposes of that person, and because of those works measures need to be taken in respect of apparatus: —
a
if the authority takes those measures the undertaker shall pay to the authority a sum equal to 18 per cent of the allowable costs incurred by the authority in taking those measures;
b
if the undertaker takes those measures the authority shall pay to the undertaker a sum equal to the allowable costs incurred by the undertaker in taking those measures, provided that the authority shall pay only 82 per cent of the said allowable costs if the authority pays to the undertaker a sum equal to 75 per cent of the estimate of the said 82 per cent pursuant to paragraph (a) of regulation 9.
For the purposes of this regulation in calculating the cost of taking measures, there shall be taken into account in favour of the undertaker any sum which is recoverable from the person for whose purposes the works are done, irrespective of whether or not such a sum is actually recovered from that person, or any sum which would have been recoverable if the person for whose purposes the works are done were not the authority.
7
1
In a case where works consist of or include major bridge works an undertaker shall not be liable for costs in respect of the provision of adequate space in the structure of the bridge or of sufficient strength in the bridge to accommodate the undertaker’s apparatus in the bridge, but this paragraph shall not apply to the cost of any ducts, pipe bays, hangers or other provision for housing or supporting the apparatus within such space or to the provision of adequate space or adequate strength to accommodate the apparatus of any undertaker installed in the bridge after the execution of such works other than the installation, replacement or modification (not involving enlargement) of apparatus previously installed in the bridge prior to the execution of such works.
2
No costs shall be allowable to an undertaker in respect of apparatus placed in the street after the authority has given to the undertaker notice pursuant to section 85(2)(a) of the Act of their intention to execute the works: —
a
in the case of works consisting of major bridge works comprising a replacement of the bridge, not more than 10 years before those works are executed;
b
in the case of any other works, not more than 5 years before those works are executed.
8
1
In a case where, under these Regulations, an undertaker is liable to make a payment to an authority or an authority is liable to make a payment to an undertaker in relation to measures which need to be taken in respect of the undertaker’s apparatus there shall be taken into account in favour of the authority: —
a
if those measures result in a betterment of the undertaker’s apparatus, a sum equal to the benefit which the undertaker gains as a result of the betterment calculated in accordance with Appendix F of the Code;
b
if those measures result in a postponement of the need to renew the undertaker’s apparatus, a sum determined in accordance with Appendix E of the Code.
2
For the purposes of this regulation “betterment” shall be determined in accordance with Appendix F of the Code.
9
Allowable costs under any of the provisions of these Regulations shall be payable as follows: —
a
in the case of any payments due from an authority pursuant to regulations 3 and 6 the authority may pay to the undertaker a sum equal to 75 per cent of the estimate of 82 per cent of the allowable costs in a single lump sum before the works begin or, if the authority and undertaker so agree in the case of works of an estimated duration of more than 3 months, by instalments of such amounts payable at such times during the execution of the works as the authority and undertaker agree;
b
after the works have been completed the person to whom the allowable costs are due (the creditor) shall issue to the person from whom they are due (the debtor) an account of the allowable costs and within 35 days of that account having been issued the debtor shall pay to the creditor a sum equal to the allowable costs provided that in any case where an authority has made a payment or payments pursuant to paragraph (a) above: —
i
the authority shall pay to the undertaker the balance of the estimate together with any further sum equal to the amount by which the proportion of allowable costs to which the undertaker is entitled exceeds the estimate;
ii
the undertaker shall refund to the authority a sum equal to the amount by which the sum paid by the authority pursuant to paragraph (a) of this regulation exceeds the proportion of allowable costs to which he is entitled.
10
These Regulations shall not apply to a licence under section 50 of the Act, a consent under section 61 of the Act or an agreement to house apparatus in a bridge structure or to the costs of removal or changing the position of apparatus pursuant to section 62 of the Act.
Signed by authority of theSecretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
15th July 1992
Wyn Roberts
Minister of State for Wales
15th July 1992


text:
Citation and commencement
1
This Order may be cited as the Social Security (Norway) Order 1992 and shall come into force on 31st December 1992.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and variation of the Principal Order
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be varied so as to give effect to the Principal Convention as amended by the Agreement set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 1992 and shall come into force on 1st August 1992.
2
These Regulations apply in relation to schools in England only.
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Education Reform Act 1988;
“ CTC ” means city technology college and city college for the technology of the arts;
“education authority”, in relation to a school maintained by a local education authority, means that authority and, in relation to a grant-maintained school or a CTC, means the authority in whose area the school is situated;
“ GCE `A' level examinations” and “ GCE `AS' examinations” mean General Certificate of Education advanced level and advanced supplementary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“maintained secondary school” means —
any county or voluntary secondary school;
any maintained special school which is not established in a hospital and which provides secondary education; and
any grant-maintained secondary school;
but excludes schools deemed to be secondary schools by virtue of the Education (Middle Schools) Regulations 1980 ;
“prescribed public examination” means a public examination which is for the time being prescribed by regulations made under section 106 of the 1988 Act ;
“previous school year”means the school year immediately preceding the reporting school year, but subject to paragraph (5) excludes the school year 1990/91;
“reporting school year” means the school year immediately preceding the school year in which information is required to be provided to the Secretary of State pursuant to regulation 5; and
“special class” means a class so designated by the education authority (in the case of a school maintained by the authority), governing body (in the case of a grant-maintained school) or proprietor (in the case of a CTC), in which all or the majority of pupils have special educational needs.
2
In these Regulations, except where the context otherwise requires —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year;
b
references to examinations for which pupils at the school were entered include examinations for the syllabuses of which pupils were prepared at the school (within the meaning of section 106(11) of the 1988 Act) but for which they were entered otherwise than in pursuance of section 117 of the 1988 Act; and
c
any reference to the date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the local education authority in pursuance of section 6(1) of the Education Act 1980, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.
3
Where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
4
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
5
For the purposes of these Regulations any prescribed public examination for which a pupil aged 15 or 17 was entered during the previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
6
References in column 2 of Schedule 2 to these Regulations to GCSE National Criteria are to criteria which are applied by the School Examinations and Assessment Council (being a body designated by the Secretary of State pursuant to section 5(3) of the 1988 Act) in determining whether to approve a syllabus for the purposes of section 5(1)(a) of the 1988 Act .
7
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is to the paragraph of that regulation bearing that number, any reference in a paragraph to a subparagraph is a reference to a subparagraph of that paragraph and any reference to a Schedule is to a Schedule to these Regulations.
Amendment of the Education (School Information) Regulations 1981
3
The Education (School Information) Regulations 1981 are amended as follows —
a
in paragraph (6)(b) of regulation 2 for “sub-paragraph (1)(d)” there is substituted “sub-paragraph (1)(a)”;
b
for regulation 4A there is substituted the following regulation —
4A
1
This regulation applies where the information relating to prescribed public examination results referred to in paragraph 15(1)(b) of Schedule 2 ( “the public examination results information”) which is published in accordance with subsection (5) of section 8 of the Act of 1980 (read with regulations 4 and 6) does not relate to examinations held in the school year immediately preceding the school year in which the information is published ( “the reporting school year”).
2
Where this regulation applies the persons referred to in paragraph (1) of regulation 4 shall as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in paragraph (2) of regulation 6, publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus.
;
c
in subparagraph (1) of paragraph 15 of Schedule 2, for “in year groups 11 or 13”, there is substituted “aged 15 or 17”;
d
for subparagraph (1)(b) of that paragraph there is substituted —
b
in relation to all prescribed public examinations held in the relevant school year —
i
the particulars referred to in Parts I and II of Schedule 1 to the Education (School Performance Information) (England) Regulations 1992; and
ii
the corresponding national figures.
;
e
for subparagraph (2)(a) of that paragraph there is substituted —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending with the 31st August immediately preceding the school year in question and who were registered as pupils at the school on the third Thursday in January in that year
; and
f
after subparagraph (2)(c) of that paragraph there is added “and” and the following paragraph —
d
“corresponding national figures” means the average figures for all schools in England providing secondary education (other than special schools established in hospitals) which correspond to the figures referred to in paragraphs 13, 15 and 16 of Schedule 1 to the said Regulations of 1992.
.
Provision of school examination results by head teacher to governing body and education authority
4
1
For the purpose of enabling the governing body to satisfy the statutory requirements, the head teacher of every maintained secondary school shall each year make available to the governing body such particulars relating to examinations for which registered pupils at the school were entered during the reporting school year and the previous school year as are referred to —
a
in the case of a school providing education for pupils aged 15 or 17, in Parts I and II of Schedule 1 and in Schedule 3;
b
in the case of a school providing education for pupils aged 15, as are referred in Part III of Schedule 1; and
c
in the case of a school providing education for pupils aged 17, in Part IV of Schedule 1.
2
For the purpose of enabling the education authority to satisfy the statutory requirements, the head teacher of every county and voluntary controlled secondary school shall each year make available to the education authority the particulars referred to in sub-paragraph (a) of paragraph (1).
3
In this regulation “the statutory requirements” means any requirements relating to the provision of information about schools imposed by or under the Education Act 1980, the Education ( No. 2) Act 1986 , the 1988 Act or the Education (Schools) Act 1992 (including, in the case of the last-mentioned Act, these Regulations).
Provision of school examination results to Secretary of State
5
1
The governing body of every maintained secondary school and the proprietor of every CTC shall within two weeks of receiving a written request from the Secretary of State during the first term of each school year make available to him such particulars relating to examinations for which registered pupils at the school were entered during the reporting school year and the previous school year and such other information as are referred to —
a
in the case of a school providing education for pupils aged 15, in Part III of Schedule 1;
b
in the case of a school providing education for pupils aged 17, in Part IV of Schedule 1; and
c
in both cases, in Schedule 3.
Determination of examination results particulars
6
1
The provisions of this regulation have effect for the purpose of determining the particulars referred to in Schedule 1.
2
In the case of examinations for the GCSE for which pupils aged 15 were entered, the particulars shall commence with the subjects listed in column 1 of Schedule 2 in the order in which they are so listed, and for those subjects shall show separately the number of male pupils, of female pupils and of all pupils.
3
For the purposes of paragraph (2) an examination for the GCSE in a subject listed in column 1 of Schedule 2 is not to be treated as such unless the examination is in a syllabus referred to in column 2 opposite that subject.
4
Subject to paragraph (6) if a pupil has been entered for two or more examinations in the same subject in the same school year, or in different school years which are treated as the same school year by virtue of regulation 2(5), only the examination in which he achieved the higher or highest grade shall be taken into account.
5
In the case of an examination leading to the award of the GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages but each grade awarded to him shall be treated as having been awarded in a separate subject.
6
In the case of a pupil who has been entered for both GCE `A' level and GCE `AS' examinations in the same subject only the GCE `A' level examination result shall be taken into account.
7
For the purpose of determining points scores in GCE `A' level and GCE `AS' examinations the following grades of achievement equate to the following points, namely: GCE `A' level: grade A=10 points; grade B==8 points; grade C=6 points;grade D=4 points; and grade E=2 points. GCE `AS': grade A=5 points; grade B=4 points; grade C=3 points;grade D=2 points; and grade E=1 point.
Publication of local and national examination results information by governing body
7
1
The governing body of every maintained secondary school shall provide the information referred to in paragraph (2) in the form and manner and to the persons specified in paragraph (3).
2
The information referred to in paragraph (1) is information about the results of examinations taken by pupils at secondary schools in the area of the education authority and in England in the reporting school year and the other information relating to those schools contained in a document provided to the governing body by the Secretary of State.
3
The information shall be provided in the document in which it was provided by copies being made available at the school for reference by parents and other persons.
4
The governing body of every maintained primary school providing education for pupils aged 9 and every maintained school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 shall provide the information referred to in paragraph (2) by distributing the document without charge to parents of pupils who are in their final year at the school before transferring to secondary schools and by making copies of the document available at the school for reference by parents and other persons.
Governing body’s annual report to parents: supplementary examination results information
8
1
If, when the governing body of a maintained secondary school publish in their annual report to parents in pursuance of section 30(2)(i) of the Education (No. 2) Act 1986 or section 58(5)(j) of the 1988 Act the results of examinations held during the period to which the report relates, there are available to them the corresponding local figures for that period, they shall publish those figures with the report.
Grant-maintained school prospectus: examination results information
9
Where the information relating to prescribed public examinations results which is published by the governing body of a grant-maintained secondary school pursuant to section 58(5)(j) of the 1988 Act does not relate to examinations held in the reporting school year, the governing body shall as soon as practicable after the information in question for that school year is made available to them, but in any event not later than two weeks before the date by which an application for admission to the school in the school year following the school year in which the information is published should be made, publish that information as a supplement to the school prospectus in the manner required by the school’s articles of government for publication of the prospectus.
Qualification of governing body’s and local education authority’s duty
10
The duties imposed on a governing body and a local education authority by virtue of these Regulations in respect of particulars relating to schools in the area of the education authority or in England apply only to the extent that the relevant particulars have been made available to the governing body or, as the case may be, the education authority by the Secretary of State before the latest occasion on which the particulars are required to be published by the governing body or the authority.
Avoidance of duplication of information in certain circumstances
11
Nothing in these Regulations shall require a head teacher or governing body to make the same particulars available to the same person on more than one occasion, nor to make available to any person particulars which have been made available to him or them by that person.
Revocation
12
The Education (Information on School Examination Results) (England) Regulations 1991 ( “the 1991 Regulations”) are revoked, but the Education (School Information) Regulations 1981 shall continue to have effect with the amendments made by the 1991 Regulations and by regulation 3 of these Regulations.


text:
1
Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations a regulation referred to by number means a regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and a reference to the Schedule means the Schedule to those Regulations.
3
1
In regulation 2–
a
after the definition of “area committee” there shall be inserted the following new definition:
“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 ;
;
b
In the definition of “unsocial hours” for the words from “weekday” to the end of the definition there shall be substituted the words “business day and any time on a day which is not a business day;”
4
For sub-paragraph (1) of paragraph 1 of the Schedule there shall be substituted, in respect of work done on or after 1st April 1992, the following sub-paragraph–
1
1
The Board shall, subject to paragraph 2 in the case of item (a), allow fees for work allowed by it under regulation 5 at the following rates:
Class of work Rate
a
availability during duty period
£3.50 per hour served, to a maximum of £84 (£3.55 per hour served to a maximum of £85.20 in respect of a solicitor whose office is situated within legal aid area 1)
b
advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious offence or to a volunteer, given
i
by a duty solicitor in unsocial hours
£57.50 per hour
ii
by a duty solicitor in all other hours
£43.50 per hour (£46.50 per hour in respect of a solicitor whose office is situated within legal aid area 1)
iii
by an own solicitor
£43.50 per hour (£46.50 per hour in respect of a solicitor whose office is situated within legal aid area 1)
c
Travelling and waiting
i
by a duty solicitor in unsocial hours
£57.50 per hour
ii
by a duty solicitor in in all other hours
£43.50 per hour (£46.50 per hour in respect of a solicitor whose office is situated within legal aid area 1)
iii
by an own solicitor
£24.25 per hour
d
advising and assisting over the telephone
£19.75 per item (£20.50 per item in respect of a solicitor whose office is situated within legal aid area 1)
e
routine telephone calls
£2.25 per item (£2.40 per item in respect of a solicitor whose office is situated within legal aid area 1)
Mackay of Clashfern, C.
6th March 1992
We consent,
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1992


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 3) Order 1992 and shall come into force on 15th May 1992.
2
1
The area within a distance of 75 metres of the site identified in article 2(2) hereof, being the site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, is hereby designated as a restricted area.
2
The site referred to in article 2(1) hereof is in position latitude 56° 27.45' north, longitude 05° 39.32' west.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
5th May 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Devon Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 16th July 1992.
2
In this Order: —
“the Authority”means Exeter Health Authority;
“the Trust”means the Devon Ambulance Service National Health Service Trust;
“the trust property”means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust before the date on which this Order is made, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th July 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th June 1992


text:
1
This Order may be cited as the Alcoholic Liquor (Amendment of Units of Measurement) Order 1992 and shall come into force on 31st August 1992.
2
The Alcoholic Liquor Duties Act 1979 shall be amended as follows —
a
In section 24(3) (restriction on carrying on of other trades by distiller etc ) for the words “2 miles” there shall be substituted the words “3 kilometres”.
b
In section 69(2) (Miscellaneous provisions as to wholesalers and retailers of spirits) for the words “2 miles” there shall be substituted the words “3 kilometres”.
3
This Order does not involve a greater charge to duty or a reduction of any relief, drawback, rebate or allowance.
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines Act 1968 (Application to Radiopharmaceutical-associated Products) Regulations 1992 and shall come into force —
a
for the purpose of making Regulations under section 18 of the Act (including that section as applied by section 24(4) of the Act), on 11th March 1992; and
b
for all other purposes, on 3rd April 1992.
2
In these Regulations, unless the context requires otherwise —
“the Act” means the Medicines Act 1968 ;
“generator” means any system incorporating a fixed parent radionuclide from which is produced a daughter radionuclide which is to be removed by elution or by any other method and is to be used in a radiopharmaceutical;
“kit” means any preparation to be reconstituted or combined with radionuclides in a final radiopharmaceutical, usually prior to its administration;
“precursor” means a radionuclide produced for the radio-labelling of another substance prior to administration, other than a radionuclide which is incorporated in, or produced from, a generator, or is included in a radiopharmaceutical;
“radiopharmaceutical” means any medicinal product which, when ready for use, contains one or more radionuclides included for a medicinal purpose;
“radiopharmaceutical-associated product” means a generator, kit or precursor which is not itself a medicinal product;
and any other expression used in these Regulations which is defined in the Act shall, unless the context requires otherwise, bear the meaning which it bears in the Act.
Application of the Act to radiopharmaceutical-associated products
2
1
Subject to paragraph (2) of this regulation, the provisions of the Act specified in column 1 of the Schedule to these Regulations shall have effect in relation to radiopharmaceutical-associated products as they have effect in relation to medicinal products.
2
Where in relation to any provision specified in column 1 of the Schedule to these Regulations there is an entry in column 2 of that Schedule, that provision shall, in its application to radiopharmaceutical-associated products, have effect subject to the modification specified in that entry.
3
For the purposes of Part I, sections 108 to 115, 118, 119 and 125 of, and Schedule 3 to, the Act —
a
the provisions of the Act applied by paragraphs (1) and (2) of this regulation to radiopharmaceutical-asociated products, and the provisions of any regulations made under any of those provisions as so applied, shall be treated as provisions of, respectively, the Act and regulations made under it;
b
any offence against any of those provisions shall be treated as an offence under the Act; and
c
any reference in any of those provisions to medicinal products shall be treated as including a reference to radiopharmaceutical-associated products.
4
The provisions of sections 1 and 132 of the Act (definitions) shall have effect in relation to radiopharmaceutical-associated products in so far as they relate to the provisions of the Act specified in column 1 of Schedule 1 to these Regulations.
Transitional provision
3
These Regulations shall not render unlawful anything done before 31st December 1992 in relation to a radiopharmaceutical-associated product if —
a
products of that description were sold or supplied, or procured to be sold, supplied, manufactured or assembled, at any time before 3rd April 1992; and
b
products of that description were effectively on the market in the United Kingdom immediately before 3rd April 1992.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
9th March 1992


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Health and Safety (Display Screen Equipment) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations–
a
“display screen equipment” means any alphanumeric or graphic display screen, regardless of the display process involved;
b
“operator” means a self-employed person who habitually uses display screen equipment as a significant part of his normal work;
c
“use” means use for or in connection with work;
d
“user” means an employee who habitually uses display screen equipment as a significant part of his normal work; and
e
“workstation” means an assembly comprising–
i
display screen equipment (whether provided with software determining the interface between the equipment and its operator or user, a keyboard or any other input device),
ii
any optional accessories to the display screen equipment,
iii
any disk drive, telephone, modem, printer, document holder, work chair, work desk, work surface or other item peripheral to the display screen equipment, and
iv
the immediate work environment around the display screen equipment.
3
Any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation in these Regulations so numbered; or
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
4
Nothing in these Regulations shall apply to or in relation to–
a
drivers' cabs or control cabs for vehicles or machinery;
b
display screen equipment on board a means of transport;
c
display screen equipment mainly intended for public operation;
d
portable systems not in prolonged use;
e
calculators, cash registers or any equipment having a small data or measurement display required for direct use of the equipment; or
f
window typewriters.
Analysis of workstations
2
1
Every employer shall perform a suitable and sufficient analysis of those workstations which–
a
(regardless of who has provided them) are used for the purposes of his undertaking by users; or
b
have been provided by him and are used for the purposes of his undertaking by operators,
for the purpose of assessing the health and safety risks to which those persons are exposed in consequence of that use.
2
Any assessment made by an employer in pursuance of paragraph (1) shall be reviewed by him if–
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the matters to which it relates;
and where as a result of any such review changes to an assessment are required, the employer concerned shall make them.
3
The employer shall reduce the risks identified in consequence of an assessment to the lowest extent reasonably practicable.
4
The reference in paragraph (3) to “an assessment” is a reference to an assessment made by the employer concerned in pursuance of paragraph (1) and changed by him where necessary in pursuance of paragraph (2).
Requirements for workstations
3
1
Every employer shall ensure that any workstation first put into service on or after 1st January 1993 which–
a
(regardless of who has provided it) may be used for the purposes of his undertaking by users; or
b
has been provided by him and may be used for the purposes of his undertaking by operators,
meets the requirements laid down in the Schedule to these Regulations to the extent specified in paragraph 1 thereof.
2
Every employer shall ensure that any workstation first put into service on or before 31st December 1992 which–
a
(regardless of who provided it) may be used for the purposes of his undertaking by users; or
b
was provided by him and may be used for the purposes of his undertaking by operators,
meets the requirements laid down in the Schedule to these Regulations to the extent specified in paragraph 1 thereof not later than 31st December 1996.
Daily work routine of users
4
Every employer shall so plan the activities of users at work in his undertaking that their daily work on display screen equipment is periodically interrupted by such breaks or changes of activity as reduce their workload at that equipment.
Eyes and eyesight
5
1
Where a person–
a
is already a user on the date of coming into force of these Regulations; or
b
is an employee who does not habitually use display screen equipment as a significant part of his normal work but is to become a user in the undertaking in which he is already employed,
his employer shall ensure that he is provided at his request with an appropriate eye and eyesight test, any such test to be carried out by a competent person.
2
Any eye and eyesight test provided in accordance with paragraph (1) shall–
a
in any case to which sub-paragraph (a) of that paragraph applies, be carried out as soon as practicable after being requested by the user concerned; and
b
in any case to which sub-paragraph (b) of that paragraph applies, be carried out before the employee concerned becomes a user.
3
At regular intervals after an employee has been provided with an eye and eyesight test in accordance with paragraphs (1) and (2), his employer shall, subject to paragraph (6), ensure that he is provided with a further eye and eyesight test of an appropriate nature, any such test to be carried out by a competent person.
4
Where a user experiences visual difficulties which may reasonably be considered to be caused by work on display screen equipment, his employer shall ensure that he is provided at his request with an appropriate eye and eyesight test, any such test to be carried out by a competent person as soon as practicable after being requested as aforesaid.
5
Every employer shall ensure that each user employed by him is provided with special corrective appliances appropriate for the work being done by the user concerned where–
a
normal corrective appliances cannot be used; and
b
the result of any eye and eyesight test which the user has been given in accordance with this regulation shows such provision to be necessary.
6
Nothing in paragraph (3) shall require an employer to provide any employee with an eye and eyesight test against that employee’s will.
Provision of training
6
1
Where a person–
a
is already a user on the date of coming into force of these Regulations; or
b
is an employee who does not habitually use display screen equipment as a significant part of his normal work but is to become a user in the undertaking in which he is already employed,
his employer shall ensure that he is provided with adequate health and safety training in the use of any workstation upon which he may be required to work.
2
Every employer shall ensure that each user at work in his undertaking is provided with adequate health and safety training whenever the organisation of any workstation in that undertaking upon which he may be required to work is substantially modified.
Provision of information
7
1
Every employer shall ensure that operators and users at work in his undertaking are provided with adequate information about–
a
all aspects of health and safety relating to their workstations; and
b
such measures taken by him in compliance with his duties under regulations 2 and 3 as relate to them and their work.
2
Every employer shall ensure that users at work in his undertaking are provided with adequate information about such measures taken by him in compliance with his duties under regulations 4 and 6(2) as relate to them and their work.
3
Every employer shall ensure that users employed by him are provided with adequate information about such measures taken by him in compliance with his duties under regulations 5 and 6(1) as relate to them and their work.
Exemption certificates
8
1
The Secretary of State for Defence may, in the interests of national security, exempt any of the home forces, any visiting force or any headquarters from any of the requirements imposed by these Regulations.
2
Any exemption such as is specified in paragraph (1) may be granted subject to conditions and to a limit of time and may be revoked by the Secretary of State for Defence by a further certificate in writing at any time.
3
In this regulation–
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ; and
c
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Extension outside Great Britain
9
These Regulations shall, subject to regulation 1(4), apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 as they apply within Great Britain.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
5th November 1992