text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham General Hospital’s 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 Rotherham General Hospital’s 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 Rotherham General Hospital’s 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 Rotherham General Hospital, Moorgate Road, Oakwood, Rotherham S60 2UD.
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 Rotherham 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 Rotherham 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 Rotherham 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


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No. 5 and Transitional Provisions) Order 1992.
2
In this Order, “ the Act ” means the Local Government Finance Act 1992.
Commencement of provisions
2
The following provisions of the Act shall come into force on 1st October 1992: —
a
in section 110, subsections (1) and (4);
b
in Schedule 11, paragraphs 31(b), 37 and 38 (a) and (c);
c
in Schedule 13, paragraphs 36, 38 (insofar as it concerns section 110A of the Local Government (Scotland) Act 1973 ), 43, 49 and 75; and
d
in Schedule 14, the repeals listed in the Schedule to this Order.
Transitional provisions
3
Nothing in this Order shall affect the operation of —
a
section 3A of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ;
b
any regulations made under that section; and
c
paragraph 19 of Schedule 5 to that Act;
in relation to any financial year beginning before 1st April 1993.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
9th September 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Deposit-takers) (Non-residents) Regulations 1992 and shall come into force on 30th January 1992.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Income and Corporation Taxes Act 1988;
“ the Board ” means the Commissioners of Inland Revenue;
“certificate” means the certificate referred to in section 482(11) (a) of the Act;
“declaration” means a declaration under section 481(5) (k) of the Act;
“deposit-taker”, “deposit” and “relevant deposit” have the meanings given by section 481 of the Act ;
“the 1985 Regulations ” means the Income Tax (Composite Rate) (Non-residents) Regulations 1985 ;
“notice” means notice in writing;
“payment” includes “credit”.
Requirement for a certificate
3
1
Every declaration which is in a form prescribed or authorised by the Board under the provisions of section 482(2) of the Act shall, if it does not give the address of the person making it, be supported by a certificate given by the deposit-taker in accordance with paragraph (2) of this regulation and regulations 4 and 5.
2
The certificate shall be given without delay after receipt of the declaration by the deposit-taker and in any event before the first payment of interest in respect of the deposit to which the declaration relates.
Information to be contained in the certificate
4
The certificate shall —
a
contain the deposit-taker’s full name and address;
b
be signed by a duly authorised signatory on behalf of the deposit-taker;
c
state the signatory’s office;
d
contain a sufficient description or other identification of the declaration to which the certificate relates;
e
contain a statement that the declaration includes the undertaking required by section 482(2) (a) of the Act;
f
contain a statement that the deposit-taker has no reason to believe that any person beneficially entitled to interest in respect of the deposit to which the declaration relates is not resident outside the United Kingdom.
Form of certificate
5
The certificate shall not be valid for the purposes of these Regulations unless it is in the form prescribed by the Board, or in a form authorised by the Board for those purposes.
Certificate ceasing to be valid
6
When the deposit-taker is in possession of information which can reasonably be taken to indicate that the deposit to which the certificate relates is or may be a relevant deposit, the certificate shall no longer be valid for the purposes of these Regulations and he shall thereupon treat that deposit as a relevant deposit.
Inspection of certificates
7
1
A deposit-taker shall, on being so required by notice given to him by an inspector, make any certificate to which the notice refers available for inspection by the inspector or by a named officer of the Board within such time as may be specified in the notice.
2
The inspector or officer to whom a certificate is to be made available under paragraph (1) shall be entitled to take copies of, or make extracts from, that certificate.
3
A notice under paragraph (1) may be combined with a notice given under section 482(3) of the Act.
Retention of declarations and certificates
8
Every declaration, whether made before or after the coming into force of these Regulations, and every certificate shall be preserved by the deposit-taker in such manner as may be approved by the Board until two years after the deposit has been repaid or has become a relevant deposit.
Revocation of the 1985 Regulations and consequential provision
9
1
The 1985 Regulations are hereby revoked.
2
A certificate given in accordance with the 1985 Regulations which was valid for the purposes of those Regulations immediately before the coming into force of these Regulations shall have effect as if given in accordance with regulations 3, 4 and 5, and accordingly, unless the context otherwise requires, references to a certificate in these Regulations shall be construed as including a certificate given in accordance with the provisions of the 1985 Regulations.
A. M. W. Battishill
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
8th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Transfer of Loans) Order 1992 and shall come into force on 1st April 1992.
2
In this Order —
“the appropriate percentage” means, in relation to a council listed in column (1) of Schedule 1 to this Order, the percentage specified opposite thereto in whichever of column (2), (3) or (4) of that Schedule is appropriate to the loan in question; and
“the LRB ” means the London Residuary Body.
Transfer of loans
2
1
On 1st April 1992 part of the liability of the LRB to the Public Works Loan Board in respect of the payment of interest and the repayment of principal outstanding immediately before that date attributable to the loans listed in Schedule 2 to this Order shall transfer to and fall to be discharged by the councils listed in Schedule 1 to this Order in the manner described in paragraphs (2) to (4) below.
2
Each council shall be liable for the repayment of the appropriate percentage of principal outstanding in relation to each loan.
3
Each council shall discharge that part of the liability apportioned to it at the time and in the manner applicable to the loan in question.
4
Each council shall pay to the Public Works Loan Board interest on that part of the liability which falls to be discharged by it at the rate and time and in the manner applicable to the loan in question.
3
The rights of the LRB in respect of the loans referred to in article 2(1) above shall on 1st April 1992 vest jointly and severally in the LRB and in the councils there referred to.
Extinguishment of existing rights and liabilities, revocation and saving
4
1
Subject to paragraph (2) below, the rights and liabilities created by section 177(2) and (3) of the Education Reform Act 1988 and the Education (Inner London Education Authority) (Repayment of Loans) Order 1990 are extinguished and that Order is hereby revoked.
2
Paragraph (1) above shall not have effect in relation to rights and liabilities —
a
which accrued before 1st April 1992; and
b
in respect of payments which fall to be made on 30th September 1992 in accordance with article 6(3) of the said Order.
Kenneth Clarke
Secretary of State for Education and Science
4th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Grimsby Health 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 Grimsby Health 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 Grimsby Health 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 Grimsby District General Hospital, Scartho Road, Grimsby, South Humberside DN33 2BA and associated hospitals;
b
to manage community health services provided from Grimsby District General Hospital, Scartho Road, Grimsby, South Humberside DN33 2BA 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 Grimsby 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 Grimsby 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 Grimsby 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:
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
In regulation 2 of the Stamp Duty Reserve Tax Regulations 1986 —
a
after the definition of “broker and dealer” there shall be inserted —
“European institution” has the meaning given by regulation 3 of the Banking Coordination (Second Council Directive) Regulations 1992 ;
;
b
after the definition of “General Commissioners” there shall be inserted —
“investment business” has the meaning given by section 1(2) of the Financial Services Act 1986 ;
;
c
at the end of the definition of “qualified dealer” there shall be added —
or
c
is a European institution which carries on investment business in the United Kingdom;
.
Tim Wood
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd December 1992


text:
1
This Order may be cited as the Value Added Tax (Charities and Aids for Handicapped Persons) Order 1992 and shall come into force on 1st April 1992.
2
Group 4 (Talking Books for the Blind and Handicapped and Wireless Sets for the Blind) of Schedule 5 to the Value Added Tax Act 1983 shall be varied by adding after paragraph (h) of item 1 the following —
i
the supply of a service of repair or maintenance of any goods comprised in paragraphs (a) to (h) above
.
3
Group 10 (Transport) of Schedule 5 to the Value Added Tax Act 1983 shall be varied by adding after paragraph (b) of item 3 the following —
c
The supply of spare parts or accessories to a charity providing rescue or assistance at sea for use in or with goods comprised in paragraph (a) or slipways comprised in paragraph (b) above.
.
4
Group 14 (Drugs, Medicines, Aids for the Handicapped, etc ) of Schedule 5 to the Value Added Tax Act 1983 shall be varied —
a
by adding after paragraph (h) of item 2 the following —
i
boats designed or substantially and permanently adapted for use by handicapped persons
;
b
by adding after item 10A the following item —
10B
The supply to a charity of a service of providing, extending or adapting a washroom or lavatory for use by handicapped persons in a building, or any part of a building, used principally by a charity for charitable purposes where such provision, extension or adaptation is necessary to facilitate the use of the washroom or lavatory by handicapped persons.
.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Workplace (Health, Safety and Welfare) Regulations 1992.
2
Subject to paragraph (3), these Regulations shall come into force on 1st January 1993.
3
Regulations 5 to 27 and the Schedules shall come into force on 1st January 1996 with respect to any workplace or part of a workplace which is not —
a
a new workplace; or
b
a modification, an extension or a conversion.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“new workplace” means a workplace used for the first time as a workplace after31st December 1992;
“public road” means (in England and Wales) a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984 ;
“traffic route” means a route for pedestrian traffic, vehicles or both and includes any stairs, staircase, fixed ladder, doorway, gateway, loading bay or ramp;
“workplace” means, subject to paragraph (2), any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes —
any place within the premises to which such person has access while at work; and
any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from that place of work or where facilities are provided for use in connection with the place of work other than a public road;
but shall not include a modification, an extension or a conversion of any of the above until such modification, extension or conversion is completed.
2
Any reference in these Regulations, except in paragraph (1), to a modification, an extension or a conversion is a reference, as the case may be, to a modification, an extension or a conversion of a workplace started after 31st December 1992.
3
Any requirement that anything done or provided in pursuance of these Regulations shall be suitable shall be construed to include a requirement that it is suitable for any person in respect of whom such thing is so done or provided.
4
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Application of these Regulations
3
1
These Regulations apply to every workplace but shall not apply to —
a
a workplace which is or is in or on a ship within the meaning assigned to that word by regulation 2(1) of the Docks Regulations 1988 ;
b
a workplace where the only activities being undertaken are building operations or works of engineering construction within, in either case, section 176 of the Factories Act 1961 and activities for the purpose of or in connection with the first-mentioned activities;
c
a workplace where the only activities being undertaken are the exploration for or extraction of mineral resources; or
d
a workplace which is situated in the immediate vicinity of another workplace or intended workplace where exploration for or extraction of mineral resources is being or will be undertaken, and where the only activities being undertaken are activities preparatory to, for the purposes of, or in connection with such exploration for or extraction of mineral resources at that other workplace.
2
In their application to temporary work sites, any requirement to ensure a workplace complies with any of regulations 20 to 25 shall have effect as a requirement to so ensure so far as is reasonably practicable.
3
As respects any workplace which is or is in or on an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicles (Excise) Act 1971 or a vehicle exempted from duty under that Act —
a
regulations 5 to 12 and 14 to 25 shall not apply to any such workplace; and
b
regulation 13 shall apply to any such workplace only when the aircraft, locomotive or rolling stock, trailer or semi-trailer or vehicle is stationary inside a workplace and, in the case of a vehicle for which a licence is in force under the Vehicles (Excise) Act 1971, is not on a public road.
4
As respects any workplace which is in fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking’s main buildings —
a
regulations 5 to 19 and 23 to 25 shall not apply to any such workplace; and
b
any requirement to ensure that any such workplace complies with any of regulations 20 to 22 shall have effect as a requirement to so ensure so far as is reasonably practicable.
Requirements under these Regulations
4
1
Every employer shall ensure that every workplace, modification, extension or conversion which is under his control and where any of his employees works complies with any requirement of these Regulations which —
a
applies to that workplace or, as the case may be, to the workplace which contains that modification, extension or conversion; and
b
is in force in respect of the workplace, modification, extension or conversion.
2
Subject to paragraph (4), every person who has, to any extent, control of a workplace, modification, extension or conversion shall ensure that such workplace, modification, extension or conversion complies with any requirements of these Regulations which —
a
applies to that workplace or, as the case may be, to the workplace which contains that modification, extension or conversion;
b
is in force in respect of the workplace, modification, extension, or conversion; and
c
relates to matters within that person’s control.
3
Any reference in this regulation to a person having control of any workplace, modification, extension or conversion is a reference to a person having control of the workplace, modification, extension or conversion in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
4
Paragraph (2) shall not impose any requirement upon a self-employed person in respect of his own work or the work of any partner of his in the undertaking.
5
Every person who is deemed to be the occupier of a factory by virtue of section 175(5) of the Factories Act 1961 shall ensure that the premises which are so deemed to be a factory comply with these Regulations.
Maintenance of workplace, and of equipment, devices and systems
5
1
The workplace and the equipment, devices and systems to which this regulation applies shall be maintained (including cleaned as appropriate) in an efficient state, in efficient working order and in good repair.
2
Where appropriate, the equipment, devices and systems to which this regulation applies shall be subject to a suitable system of maintenance.
3
The equipment, devices and systems to which this regulation applies are —
a
equipment and devices a fault in which is liable to result in a failure to comply with any of these Regulations; and
b
mechanical ventilation systems provided pursuant to regulation 6 (whether or not they include equipment or devices within sub-paragraph (a) of this paragraph).
Ventilation
6
1
Effective and suitable provision shall be made to ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air.
2
Any plant used for the purpose of complying with paragraph (1) shall include an effective device to give visible or audible warning of any failure of the plant where necessary for reasons of health or safety.
3
This regulation shall not apply to any enclosed workplace or part of a workplace which is subject to the provisions of —
a
section 30 of the Factories Act 1961 ;
b
regulations 49 to 52 of the Shipbuilding and Ship-Repairing Regulations 1960 ;
c
regulation 21 of the Construction (General Provisions) Regulations 1961 ;
d
regulation 18 of the Docks Regulations 1988 .
Temperature in indoor workplaces
7
1
During working hours, the temperature in all workplaces inside buildings shall be reasonable.
2
A method of heating or cooling shall not be used which results in the escape into a workplace of fumes, gas or vapour of such character and to such extent that they are likely to be injurious or offensive to any person.
3
A sufficient number of thermometers shall be provided to enable persons at work to determine the temperature in any workplace inside a building.
Lighting
8
1
Every workplace shall have suitable and sufficient lighting.
2
The lighting mentioned in paragraph (1) shall, so far as is reasonably practicable, be by natural light.
3
Without prejudice to the generality of paragraph (1), suitable and sufficient emergency lighting shall be provided in any room in circumstances in which persons at work are specially exposed to danger in the event of failure of artificial lighting.
Cleanliness and waste materials
9
1
Every workplace and the furniture, furnishings and fittings therein shall be kept sufficiently clean.
2
The surfaces of the floors, walls and ceilings of all workplaces inside buildings shall be capable of being kept sufficiently clean.
3
So far as is reasonably practicable, waste materials shall not be allowed to accumulate in a workplace except in suitable receptacles.
Room dimensions and space
10
1
Every room where persons work shall have sufficient floor area, height and unoccupied space for purposes of health, safety and welfare.
2
It shall be sufficient compliance with this regulation in a workplace which is not a new workplace, a modification, an extension and which, immediately before this regulation came into force in respect of it, was subject to the provisions of the Factories Act 1961, if the workplace does not contravene the provisions of Part I of Schedule 1.
Workstations and seating
11
1
Every workstation shall be so arranged that it is suitable both for any person at work in the workplace who is likely to work at that workstation and for any work of the undertaking which is likely to be done there.
2
Without prejudice to the generality of paragraph (1), every workstation outdoors shall be so arranged that —
a
so far as is reasonably practicable, it provides protection from adverse weather;
b
it enables any person at the workstation to leave it swiftly or, as appropriate, to be assisted in the event of an emergency; and
c
it ensures that any person at the workstation is not likely to slip or fall.
3
A suitable seat shall be provided for each person at work in the workplace whose work includes operations of a kind that the work (or a substantial part of it) can or must be done sitting.
4
A seat shall not be suitable for the purpose of paragraph (3) unless —
a
it is suitable for the person for whom it is provided as well as for the operations to be performed; and
b
a suitable footrest is also provided where necessary.
Condition of floors and traffic routes
12
1
Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
2
Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that —
a
the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety; and
b
every such floor shall have effective means of drainage where necessary.
3
So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.
4
In considering whether for the purposes of paragraph (2)(a) a hole or slope exposes any person to a risk to his health or safety —
a
no account shall be taken of a hole where adequate measures have been taken to prevent a person falling; and
b
account shall be taken of any handrail provided in connection with any slope.
5
Suitable and sufficient handrails and, if appropriate, guards shall be provided on all traffic routes which are staircases except in circumstances in which a handrail can not be provided without obstructing the traffic route.
Falls or falling objects
13
1
So far as is reasonably practicable, suitable and effective measures shall be taken to prevent any event specified in paragraph (3).
2
So far as is reasonably practicable, the measures required by paragraph (1) shall be measures other than the provision of personal protective equipment, information, instruction, training or supervision.
3
The events specified in this paragraph are: —
a
any person falling a distance likely to cause personal injury;
b
any person being struck by a falling object likely to cause personal injury.
4
Any area where there is a risk to health or safety from any event mentioned in paragraph (3) shall be clearly indicated where appropriate.
5
So far as is practicable, every tank, pit or structure where there is a risk of a person in the workplace falling into a dangerous substance in the tank, pit or structure, shall be securely covered or fenced.
6
Every traffic route over, across or in an uncovered tank, pit or structure such as is mentioned in paragraph (5) shall be securely fenced.
7
In this regulation, “dangerous substance” means —
a
any substance likely to scald or burn;
b
any poisonous substance;
c
any corrosive substance;
d
any fume, gas or vapour likely to overcome a person; or
e
any granular or free-flowing solid substance, or any viscous substance which, in any case, is of a nature or quantity which is likely to cause danger to any person.
Windows, and transparent or translucent doors, gates and walls
14
1
Every window or other transparent or translucent surface in a wall or partition and every transparent or translucent surface in a door or gate shall, where necessary for reasons of health or safety —
a
be of safety material or be protected against breakage of the transparent or translucent material; and
b
be appropriately marked or incorporate features so as, in either case, to make it apparent.
Windows, skylights and ventilators
15
1
No window, skylight or ventilator which is capable of being opened shall be likely to be opened, closed or adjusted in a manner which exposes any person performing such operation to a risk to his health or safety.
2
No window, skylight or ventilator shall be in a position when open which is likely to expose any person in the workplace to a risk to his health or safety.
Ability to clean windows etc. safely
16
1
All windows and skylights in a workplace shall be of a design or be so constructed that they may be cleaned safely.
2
In considering whether a window or skylight is of a design or so constructed as to comply with paragraph (1), account may be taken of equipment used in conjunction with the window or skylight or of devices fitted to the building.
Organisation etc. of traffic routes
17
1
Every workplace shall be organised in such a way that pedestrians and vehicles can circulate in a safe manner.
2
Traffic routes in a workplace shall be suitable for the persons or vehicles using them, sufficient in number, in suitable positions and of sufficient size.
3
Without prejudice to the generality of paragraph (2), traffic routes shall not satisfy the requirements of that paragraph unless suitable measures are taken to ensure that —
a
pedestrians or, as the case may be, vehicles may use a traffic route without causing danger to the health or safety of persons at work near it;
b
there is sufficient separation of any traffic route for vehicles from doors or gates or from traffic routes for pedestrians which lead onto it; and
c
where vehicles and pedestrians use the same traffic route, there is sufficient separation between them.
4
All traffic routes shall be suitably indicated where necessary for reasons of health or safety.
5
Paragraph (2) shall apply so far as is reasonably practicable, to a workplace which is not a new workplace, a modification, an extension or a conversion.
Doors and gates
18
1
Doors and gates shall be suitably constructed (including being fitted with any necessary safety devices).
2
Without prejudice to the generality of paragraph (1), doors and gates shall not comply with that paragraph unless —
a
any sliding door or gate has a device to prevent it coming off its track during use;
b
any upward opening door or gate has a device to prevent it falling back;
c
any powered door or gate has suitable and effective features to prevent it causing injury by trapping any person;
d
where necessary for reasons of health or safety, any powered door or gate can be operated manually unless it opens automatically if the power fails; and
e
any door or gate which is capable of opening by being pushed from either side is of such a construction as to provide, when closed, a clear view of the space close to both sides.
Escalators and moving walkways
19
Escalators and moving walkways shall: —
a
function safely;
b
be equipped with any necessary safety devices;
c
be fitted with one or more emergency stop controls which are easily identifiable and readily accessible.
Sanitary conveniences
20
1
Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.
2
Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless —
a
the rooms containing them are adequately ventilated and lit;
b
they and the rooms containing them are kept in a clean and orderly condition; and
c
separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.
3
It shall be sufficient compliance with the requirement in paragraph (1) to provide sufficient sanitary conveniences in a workplace which is not a new workplace, a modification, an extension or a conversion and which, immediately before this regulation came into force in respect of it, was subject to the provisions of the Factories Act 1961, if sanitary conveniences are provided in accordance with the provisions of Part II of Schedule 1.
Washing facilities
21
1
Suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons, shall be provided at readily accessible places.
2
Without prejudice to the generality of paragraph (1), washing facilities shall not be suitable unless —
a
they are provided in the immediate vicinity of every sanitary convenience, whether or not provided elsewhere as well;
b
they are provided in the vicinity of any changing rooms required by these Regulations, whether or not provided elsewhere as well;
c
they include a supply of clean hot and cold, or warm, water (which shall be running water so far as is practicable);
d
they include soap or other suitable means of cleaning;
e
they include towels or other suitable means of drying;
f
the rooms containing them are sufficiently ventilated and lit;
g
they and the rooms containing them are kept in a clean and orderly condition; and
h
separate facilities are provided for men and women, except where and so far as they are provided in a room the door of which is capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time.
3
Paragraph (2)(h) shall not apply to facilities which are provided for washing hands, forearms and face only.
Drinking water
22
1
An adequate supply of wholesome drinking water shall be provided for all persons at work in the workplace.
2
Every supply of drinking water required by paragraph (1) shall —
a
be readily accessible at suitable places; and
b
be conspicuously marked by an appropriate sign where necessary for reasons of health or safety.
3
Where a supply of drinking water is required by paragraph (1), there shall also be provided a sufficient number of suitable cups or other drinking vessels unless the supply of drinking water is in a jet from which persons can drink easily.
Accommodation for clothing
23
1
Suitable and sufficient accommodation shall be provided —
a
for the clothing of any person at work which is not worn during working hours; and
b
for special clothing which is worn by any person at work but which is not taken home.
2
Without prejudice to the generality of paragraph (1), the accommodation mentioned in that paragraph shall not be suitable unless —
a
where facilities to change clothing are required by regulation 24, it provides suitable security for the clothing mentioned in paragraph (1)(a);
b
where necessary to avoid risks to health or damage to the clothing, it includes separate accommodation for clothing worn at work and for other clothing;
c
so far as is reasonably practicable, it allows or includes facilities for drying clothing; and
d
it is in a suitable location.
Facilities for changing clothing
24
1
Suitable and sufficient facilities shall be provided for any person at work in the workplace to change clothing in all cases where —
a
the person has to wear special clothing for the purpose of work; and
b
the person can not, for reasons of health or propriety, be expected to change in another room.
2
Without prejudice to the generality of paragraph (1), the facilities mentioned in that paragraph shall not be suitable unless they include separate facilities for, or separate use of facilities by, men and women where necessary for reasons of propriety.
Facilities for rest and to eat meals
25
1
Suitable and sufficient rest facilities shall be provided at readily accessible places.
2
Rest facilities provided by virtue of paragraph (1) shall —
a
where necessary for reasons of health or safety include, in the case of a new workplace, an extension or a conversion, rest facilities provided in one or more rest rooms, or, in other cases, in rest rooms or rest areas;
b
include suitable facilities to eat meals where food eaten in the workplace would otherwise be likely to become contaminated.
3
Rest rooms and rest areas shall include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke.
4
Suitable facilities shall be provided for any person at work who is a pregnant woman or nursing mother to rest.
5
Suitable and sufficient facilities shall be provided for persons at work to eat meals where meals are regularly eaten in the workplace.
Exemption certificates
26
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any of the home forces, any visiting force or any headquarters from the requirements of these Regulations and any exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
2
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 ;
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.
Repeals, saving and revocations
27
1
The enactments mentioned in column 2 of Part I of Schedule 2 are repealed to the extent specified in column 3 of that Part.
2
Nothing in this regulation shall affect the operation of any provision of the Offices, Shops and Railway Premises Act 1963 as that provision has effect by virtue of section 90(4) of that Act.
3
The instruments mentioned in column 1 of Part II of Schedule 2 are revoked to the extent specified in column 3 of that Part.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
1st December 1992


text:
Title and commencement
1
This Order may be cited as the Agricultural Wages Committees (Areas) (England) Order 1992 and shall come into force on 1st January 1993.
Establishment of new agricultural wages committees
2
Instead of the agricultural wages committees for each of the counties set out in Part I of the Schedule to this Order, and for each combination of counties set out in Part II of that Schedule, there shall be established an agricultural wages committee for each of the eight combinations set out in Part III of that Schedule.
Greater London
3
For the purposes of the Agricultural Wages Act 1948 the administrative area of Greater London shall be deemed to be included in the County of Surrey.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1992
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
10th December 1992.


text:
1
This Order may be cited as the Non-Domestic Rating Act 1992 (Commencement No. 1) Order 1992.
2
Sections 5(2), 7 and 9 of the Non-Domestic Rating Act 1992 shall come into force on the day after the day on which this Order is made.
Michael Howard
Secretary of State for the Environment
22nd June 1992
David Hunt
Secretary of State for Wales
22nd June 1992


text:
Citation and commencement
1
These Regulations may be cited as the River Girvan Salmon Fishery District (Baits and Lures) Regulations 1992 and shall come into force on 1st January 1993.
Specification of baits and lures and area of application
2
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Girvan salmon fishery district, specified for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
David R. Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
2nd November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton Community Health 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 Southampton Community Health 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 Southampton Community Health 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 Lymington Hospital, Southampton Road, Lymington SO41 9ZH and associ ated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Central Health Clinic, East Park Terrace, Southampton SO9 4WN and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Southampton.
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 Southampton and South West Hampshire 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 Southampton and South West Hampshire 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 Southampton and South West Hampshire 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:
1
This Order may be cited as the Central Office of Information Trading Fund (Variation) Order 1992 and shall come into force on 10th February 1992.
2
The Central Office of Information Trading Fund Order 1991 shall be varied–
a
by adding after article 6 of the Order the following new article–
6A
An additional Crown asset of £26,896,773.96, being money provided by Parliament to the Central Office of Information in respect of accruals and deferred income attributable to the funded operations as at 1 April 1991 but not appropriated to the fund at that date, and an additional Crown liability of accruals and deferred income to the value of £26,896,773.96, being accruals and deferred income attributable to the funded operations as at 1 April 1991 but not appropriated to the fund at that date, shall be respectively appropriated as an asset and a liability of the fund.
;
b
by substituting for Schedule 2 to that Order the Schedule set out in the Schedule to this Order.
Norman Lamont
Chancellor of the Exchequer
13th January 1992
We concur
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
13th January 1992


text:
1
This Order may be cited as the Merchant Shipping (Confirmation of Legislation) (Falkland Islands) Order 1992 and shall come into force on 14th August 1992.
2
The Merchant Shipping (Adoption of Legislation) Ordinance 1992 , enacted by the Legislature of the Falkland Islands, is hereby confirmed.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mersey Regional Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 10th December 1992.
2
In this Order:
“the Authority” means South Sefton (Merseyside) Health Authority;
“the Trust” means the Mersey Regional 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 on 15th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th December 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
12th November 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Transport and Works Act 1992 (Commencement No. 1) Order 1992.
2
In this Order “ the Act ” means the Transport and Works Act 1992.
Provisions coming into force
2
The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 15th July 1992.
Transitional provisions
3
The coming into force of sections 63 and 68(1) of, and Schedule 3 and Part II of Schdule 4 to, the Act shall not affect the application to any Harbour Revision Order or Harbour Empowerment Order of special parliamentary procedure to which, at the time of such coming into force —
a
in England and Wales, the Order had already become subject by virtue of paragraph 4A or 8A of Schedule 3 to the Harbours Act 1964 ; or
b
in Scotland, the Order had already become subject by virtue of paragraph 4B or 8B of Schedule 3 to the Harbours Act 1964.
4
The repeal of section 62 of the Harbours Act 1964 shall not affect the application of —
a
subsection (1) of that section to a Bill the petition for which has been presented to Parliament; or
b
subsection (2) of that section to a provisional order for the issue of which a petition has been presented to the Secretary of State pursuant to section 1(1) of the Private Legislation Procedure (Scotland) Act 1936 ,
where the petition in question has been received prior to such repeal taking effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
8th June 1992


text:
1
These Regulations may be cited as the Licensing of Air Carriers Regulations 1992 and shall come into force on 1st January 1993.
2
1
In these Regulations —
“air transport licensing functions” has the same meaning as in section 68(5) of the Civil Aviation Act 1982 ;
“the CAA ” means the Civil Aviation Authority; and
“the Council Regulation” means Council Regulation 2407/92 on licensing of air carriers .
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Council Regulation.
Operating licences
3
1
Subject to the provisions of regulations 4 and 16 to 19 below the CAA shall perform the functions relating to the grant and maintenance of operating licences that are required to be performed by the United Kingdom or by the competent authorities or licensing authorities of the United Kingdom by the Council Regulation save for those functions for which the Secretary of State is the competent authority.
2
The Secretary of State shall be the competent authority for the purposes of the second sentence of paragraph 5 of article 4, paragraph 7(b) and (c) of article 5,paragraphs 2 and 3 of article 8 and articles 14, 17 and 18 of the Council Regulation.
4
In any case where the CAA has reason to believe that —
a
an applicant for, or the holder of, a licence granted in accordance with the Council Regulation, or
b
a carrier to whom article 16 of the Council Regulation for the time being applies,
does not meet the requirements of paragraphs 2 to 4 of article 4 of the Council Regulation it shall be the duty of the CAA to inform the Secretary of State accordingly. In any such case the CAA shall make no determination as to whether the said requirements are met but shall await determination of the Secretary of State. The Secretary of State’s determination shall be binding on the CAA and, in particular, in a case where the Secretary of State determines that paragraphs 2 to 4 of article 4 of the Council Regulation are not met, the CAA shall forthwith either refuse to grant or revoke to grant the relevant operating licence (as the case may be)or, in a case where the undertaking operates by virtue of an exemption, shall forthwith except that undertaking from that exemption.
5
Where the CAA has reason to believe that an aircraft is intended to be used by an undertaking without an operating licence that is required by and granted in accordance with the Council Regulation, the CAA may —
a
give to the person appearing to it to be in command of the aircraft a direction that he shall not permit the aircraft to take off until it has informed him that the direction is cancelled,
b
whether or not it has given such a direction, detain the aircraft until it is satisfied that the aircraft will not be so used,
and a person who, without reasonable excuse, fails to comply with a direction given to him in pursuance of this regulation shall be guilty of an offence.
6
1
An undertaking which knowingly or recklessly undertakes the carriage by air of passengers, mail or cargo for remuneration or hire without an appropriate operating licence required by and granted in accordance with the Council Regulation shall be guilty of an offence.
2
Nothing in paragraph (1) above shall apply to an undertaking which holds, or which is deemed to hold, an operating licence which remains valid by virtue of article 16 of the Council Regulation.
7
For the purposes of determining in pursuance of regulation 6 above whether an offence relating to carriage has been committed by an undertaking it is immaterial that the contravention mentioned in that regulation occurred outside the United Kingdom if when it occurred the undertaking —
a
was a United Kingdom national,
b
was a body incorporated under the law of any part of the United Kingdom, or
c
was a person (other than a United Kingdom national or such a body) maintaining a place of business in the United Kingdom.
8
An undertaking which, for the purpose of —
a
obtaining for itself or another undertaking an operating licence under the Council Regulation, or
b
seeking to demonstrate that the requirements of paragraphs 2 to 4 of article 4 of the Council Regulation are met in connection with securing the continuation of a right to operate under article 16 of that Regulation,
knowingly or recklessly furnishes the CAA or the Secretary of State with any information which is false in a material particular shall be guilty of an offence.
9
1
An air carrier which fails without reasonable excuse to obtain approval for the use or provision of an aircraft from or to an undertaking as required by paragraph 1 of article 10 of the Council Regulation or fails without reasonable excuse to comply with the conditions of any such approval shall be guilty of an offence.
2
Regulation 5 above shall apply in a case where the CAA has reason to believe that an aircraft is intended to be used by an air carrier in breach of the requirement for prior approval required by paragraph 1 of article 10 of the Council Regulation or in breach of any condition of any such approval as it applies in the case there provided for.
3
Regulation 7 above shall apply for the purpose of determining in pursuance of paragraph (1) above whether an offence relating to the use or provision of an aircraft has been committed as it applies in the case there provided for.
10
1
The Secretary of State may, by notice in writing served in a manner set out in regulation 4 of the Civil Aviation Authority Regulations 1991 on a Community air carrier with a valid operating licence granted by the CAA require that carrier to furnish to him, in such form and at such times as may be specified in the notice, information of such descriptions as may be so specified, being descriptions of information required by the Commission for it to carry out its duties under article 4 of the Council Regulation.
2
An air carrier which fails without reasonable excuse to comply with the requirements of a notice served on it under paragraph (1) above shall be guilty of an offence.
3
An air carrier which, in purported compliance with the requirements of any such notice, knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
11
1
An air carrier with a valid operating licence granted by the CAA in accordance with the Council Regulation —
a
shall not carry by air any passenger for remuneration or hire to whom accommodation for carriage on the flight has been made available by any person required by regulations made under section 71 of the Civil Aviation Act 1982 to hold a licence issued in pursuance of those regulations unless that person does hold such a licence;
b
shall enter into a special contract with every passenger to be carried for remuneration or hire, or with a person acting on behalf of such a passenger, for the increase to not less than the Sterling equivalent of 100,000 Special Drawing Rights, exclusive of costs, of the limit of the carrier’s liability under article 17 of the Warsaw Convention 1929 and under article 17 of that Convention as amended at The Hague in 1955 ; and
c
when undertaking the carriage of passengers having the common purpose of attending an association football match shall not cause or permit a passenger to go or be taken on board the aircraft unless that passenger is in possession of a valid ticket of admission to the match. For the purpose of this sub-paragraph a person shall be deemed to be in possession of a valid ticket of admission to the match where such a ticket is held on his behalf by another passenger.
2
Regulation 5 above shall apply in a case where the CAA has reason to believe that an aircraft is intended to be used by an air carrier in breach of any of the requirements set out in paragraph (1) above as it applies in the case there provided for.
3
Regulation 6 above shall apply in a case where an air carrier knowingly or recklessly undertakes the carriage by air of passengers for remuneration or hire in breach of any of the requirements set out in paragraph (1) above as it applies in the case there provided for.
4
Regulation 7 above shall apply for the purpose of determining in pursuance of paragraph (3) above whether an offence relating to carriage has been committed as it applies in the case there provided for.
12
A person guilty of an offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
13
1
Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a Scottish partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
14
1
Subject to paragraph (2) below, summary proceedings for an offence under these Regulations may be commenced in Scotland within a period of 6 months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than3 years after the commission of the offence.
3
For the purposes of this regulation, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
Subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
15
1
The CAA may require, for the purpose of granting an operating licence in accordance with the Council Regulation, proof that the persons who will continuously and effectively manage the operation of the undertaking are of good repute and that none of them is an undischarged bankrupt.
2
The CAA may suspend or revoke an operating licence in the event it is satisfied the holder is not a fit person to operate aircraft under the authority of that licence by reason of serious professional misconduct or a criminal offence.
16
The CAA shall, for the purposes of paragraph 7(a) of article 5 of the Council Regulation, always afford air carriers exclusively engaged in operations with aircraft of less than 10 tonnes maximum take off weight or less than 20 seats the option of providing the information relevant for the purposes of paragraph 5 of that article instead of being required to demonstrate that their net capital worth is at least 80,000 ECUs or such other sum as may be published pursuant to paragraph 7(b) of that article.
17
Paragraphs 1, 2, 3, 4 and 6 of article 5 of the Council Regulation shall not apply to any air carrier described in regulation 16 above and to which the CAA grants an operating licence under the Council Regulation being a carrier that operates scheduled services or whose turnover exceeds 3 million ECUs per annum.
18
1
Save for waivers granted by the Secretary of State by virtue of paragraph 3 of article 8 of the Council Regulation an operating licence granted to an air carrier by the CAA in accordance with the Council Regulation shall not be valid for the purpose of enabling an air carrier to use an aircraft for the carriage by air of passengers, mail or cargo for remuneration or hire in so far as that carriage is performed by an aircraft which is not registered according to the option selected by the Secretary of State by virtue of paragraph 2(a) of article 8 of the Council Regulation and published as described in paragraph (2) below.
2
The CAA shall, on request made by the Secretary of State, publish in its Official Record the option selected by the Secretary of State referred to in paragraph (1) above.
19
1
Where the CAA takes a decision to refuse an application for an operating licence, or to revoke or suspend an operating licence granted under the Council Regulation, the applicant for, or the holder of, the licence, as the case may be, shall have a right of appeal to the Secretary of State.
2
The provisions of Schedule 1 to these Regulations shall apply.
3
Paragraph (1) above shall not apply to the extent that the reason for the CAA’s decision relies upon a determination of the Secretary of State made under regulation 4 above.
4
If an operating licence is revoked or suspended by the CAA otherwise than on the application of the holder of the licence and otherwise than in consequence of a determination made in pursuance of regulation 4 above the revocation or suspension shall not take effect before the expiration of the period within which an appeal may be made against that decision (which period is described in Schedule 1 to these Regulations) nor, if such an appeal is brought within that period, before the determination or abandonment of the appeal.
Restriction of air transport licensing functions of the CAA
20
Section 64 of the Civil Aviation Act 1982 (regulation of carriage by air by air transport licences) shall be amended by the insertion in subsection (2) (flights for which such licences are required), by way of a further exception, of the following —
d
a flight for the undertaking of carriage by air for which a valid operating licence issued in accordance with Council Regulation 2407/92 on licensing of air carriers is required.
.
Regulation of carriage by air by route licences
21
After section 69 of the Civil Aviation Act 1982 there shall be inserted the following section —
Regulation of carriage by air by route licences.
69A
1
No aircraft shall be used for the carriage for reward of passengers or cargo on a flight to which this subsection applies unless —
a
the operator of the aircraft holds a licence granted to him by the CAA in pursuance of section 65 as applied by subsection (6) below (in this Act referred to as a “route licence”) authorising him to operate aircraft on such flights as the flight in question; and
b
the terms of the licence are complied with so far as they relate to that flight and fall to be complied with before or during the flight.
2
Subsection (1) above applies to any flights to which section 64(1) above applies (apart from the exceptions) where the aircraft is used by a Community air carrier, except that it does not apply to —
a
a flight of a description specified for the purposes of paragraph (a) of section 64(2) as applied by subsection (6) below;
b
a particular flight or series of flights specified for the purposes of paragraph (b) of section 64(2) as so applied;
c
a flight by an aircraft of which the CAA is the operator; and
d
flights by aircraft in exercise of traffic rights permitted by virtue of the Community access Regulation.
3
No route licence shall be granted by the CAA so as to permit the exercise of those traffic rights access to which is denied to the aircraft operator concerned by virtue of exceptions contained in articles 3 to 6 of the Community access Regulation.
4
The CAA shall refuse to grant a route licence in pursuance of an application under section 65 as applied by subsection (6) below if it is not satisfied that the applicant possesses a valid operating licence.
5
Where a person holds —
a
an operating licence granted by an authority in any member State, and
b
a route licence,
and his operating licence is revoked or suspended by that authority (and that revocation or suspension takes effect), the route licence shall, as from the date when the revocation or suspension takes effect, cease to be in force or, in the case of suspension, not be effective during the period of suspension of the operating licence.
6
Subject to subsections (3) to (5) above, sections 64(2)(a), (b) and (c), (3) to (8) and 65 to 69 above shall apply in relation to route licences (and route licensing functions) as they apply in relation to air transport licences (and air transport licensing functions) subject to the modifications specified in subsection (7) below.
7
Those modifications are —
a
the omission of section 65(2) and the substitution, for the reference to that subsection in subsection (4), of a reference to subsection (4) above;
b
the omission of section 66(3) to the end of paragraph (b);
c
the omission in sections 64(6) and 65(3) of the references to the law of a relevant overseas territory or of an associated state;
d
the substitution, in section 68(5), for the reference to sections 64 to 67, of a reference to this section and those sections as applied by subsection (6) above; and
e
the substitution, in section 69(1), for the reference to sections 64 to 68, of a reference to this section and those sections as so applied.
8
In this section —
“the Community access Regulation” means Council Regulation 2408/92 on access for Community air carriers to intra-Community air routes;
“Community air carrier” has the same meaning as in the Community access Regulation;
“operating licence” means an operating licence granted in any member State in accordance with Council Regulation 2407/92 on licensing of air carriers.
.
22
An air transport licence which remains valid by virtue of article 16 of the Council Regulation shall take effect on the day the holder thereof is granted an operating licence by the CAA as a route licence granted under section 65 of the Civil Aviation Act 1982 as applied by section 69A in relation to those flights which were authorised by that air transport licence and for which a route licence is required under section 69A of that Act and subject to the same terms as that air transport licence in so far as those terms are compatible with Community law.
Consequential amendments
23
The provisions specified in Schedule 2 to these Regulations shall have effect subject to the amendments there specified.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
1st December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Material Day for List Alterations) Regulations 1992 and shall come into force on 1st April 1992.
Interpretation
2
In these Regulations–
“the 1988 Act ” means the Local Government Finance Act 1988;
“relevant authority” in relation to a hereditament, means,
in respect of a day falling before 1st April 1993, the charging authority or,
in respect of any other day, the billing authority in whose area the hereditament is situated .
Material day for list alterations
3
1
For the purpose of sub-paragraph (6) of paragraph 2 of Schedule 6 to the 1988 Act, the material day shall be determined in accordance with paragraphs (2) to (7) below.
2
Where the determination is with a view to making an alteration to correct an inaccuracy in the list on the day on which it was compiled, the material day is the day on which the list was compiled.
3
Where the determination is with a view to making an alteration to correct an inaccuracy in the list which arose in the course of making a previous alteration or is occasioned by a proposal disputing the accuracy of a previous alteration, the material day is the day by reference to which the matters mentioned in sub-paragraph (7) of paragraph 2 of Schedule 6 to the 1988 Act fell to be assessed when determining the rateable value with a view to making the alteration which gave rise to the inaccuracy or the accuracy of which is disputed.
4
Where the determination is with a view to making an alteration so as to show in, or delete from the list any hereditament which–
a
has come into existence or ceased to exist;
b
has ceased to be, or become, domestic property or property exempt from non-domestic rating;
c
has ceased to be, or become, required to be shown in the central non-domestic rating list, or
d
has ceased to be, or come to form, part of the relevant authority’s area by virtue of a change in that area,
the material day is, subject to paragraph (5), the day on which the circumstances giving rise to the alteration occurred.
5
Where a notice under paragraph 1 of Schedule 4A to the 1988 Act has been served in relation to a building which constitutes or includes the hereditament in question, and the notice has not been withdrawn, the material day is–
a
the day proposed in the notice as the completion day in relation to the building; or
b
where a completion day has been agreed or determined in accordance with paragraph 3 or 4 of that Schedule, the day so agreed or determined.
6
Where the determination is with a view to making an alteration to the list to reflect part of a hereditament becoming, or ceasing to be, domestic property or exempt, the material day is the day on which the circumstances giving rise to the alteration occurred.
7
In any other case, the material day is the day on which the proposal for the alteration in respect of which a determination falls to be made is served on the valuation officer or, where there is no such proposal, the day on which the valuation officer alters the list.
8
The reference in paragraph (4) above to a hereditament coming into existence or ceasing to exist includes a reference to a hereditament which comes into existence or ceases to exist by virtue of–
a
property previously rated as a single hereditament becoming liable to be rated in parts, or
b
property previously liable to be rated in parts becoming liable to be rated as a single hereditament, or
c
any part of a hereditament becoming part of a different hereditament.#
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire and Greater Manchester (County and District Boundaries) (No. 2) Order 1992.
2
This Order shall come into force on 29th September 1992 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1993.
Interpretation
2
In this Order —
“Cheshire” means the county of Cheshire, and “Macclesfield” means the borough of Macclesfield in that county;
“electoral division” means an electoral division of Cheshire;
“Greater Manchester” means the metropolitan county of Greater Manchester, “Manchester” means the city of Manchester, “Salford” the city of Salford, “Stockport” the metropolitan borough of Stockport, and “Tameside” the metropoli tan borough of Tameside, all of which are located in that county;
“the map” means one or more of the 21 maps prepared by the Department of the Environment, marked “Maps of the Cheshire and Greater Manchester (County and District Boundaries) (No. 2) Order 1992”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the borough, city or metropolitan borough from or to which an area is transferred.
Transfers from Cheshire (Macclesfield) to Greater Manchester (Manchester)
3
Each area described in column 1 of the following Table shall be transferred from Cheshire and from Macclesfield to —
a
Greater Manchester;
b
Manchester;
c
the parish (if any) named in column 2;
d
the Woodhouse Park ward; and to
e
the Manchester petty sessional division and the Manchester coroner’s district.
Table
(1) (2) Description of area transferred from Cheshire and from Macclesfield — Transfered to Greater Manchester, to Manchester and to parish of —
The unparished area of the Morley and Styal ward which is marked A on map 17. Unparished The unparished area of Morley and Styal ward which is marked B on map 17. Ringway The parts of the parish of Ashley marked A to K (inclusive) on map 18. Ringway The parts of the parish of Mobberley marked V, W and X on map 18. Ringway
Transfers from Greater Manchester (Manchester) to Cheshire (Macclesfield)
4
Each area which is described in column 1 of the following Table shall be transferred from Greater Manchester and from Manchester to —
a
Cheshire;
b
Macclesfield;
c
the parish (if any), ward and the electoral division mentioned in column 2; and to
d
the Macclesfield petty sessional division and the Cheshire coroner’s district.
Table
Description of area — Transferred to Cheshire, to Macclesfield, and to —
The unparished area of Woodhouse Park ward marked C on map 16.
Unparished
Morley and Styal ward
Wimslow Bollin electoral division
The part of the parish of Ringway marked C on map 17.
Unparished
Morley and Styal ward
Wimslow Bollin electoral division
The parts of the parish of Ringway marked L to U ward (inclusive) on map 18.
Parish of Ashley
Mere ward
Bucklow electoral division
The parts of the parish of Ringway marked Y, Z and AA on map 18.
Parish of Mobberley
Mobberley ward
Bucklow electoral division
Transfers within Greater Manchester between Manchester and Salford
5
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Manchester, and from the Cheetham ward to Salford, to the ward named in column 3, and to the Salford petty sessional division and the Greater Manchester West coroner’s district, remaining unparished.
Table
(1) (2) (3) Area marked On map — Transferred to Salford and to the following ward —
G and I 19 Blackfriars A and D 19 Broughton C 20 A 20 Kersal
2
Each area marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Salford, and from the ward named in column 3 to Manchester, to the ward mentioned in column 4, and to the Manchester petty sessional division and the Manchester coroner’s district, remaining unparished.
Table
(1) (2) (3) (4) Area marked On map — Transferred from Salford, and from the following ward — To Manchester, and to the following ward —
F, H and J 19 Blackfriars Cheetham B, C and E 19 Broughton Cheetham B 20 A 21 Kersal Crumpsall
Transfers within Greater Manchester between Manchester and Stockport
6
1
Each area which is marked as shown in column 1 of the following table on the map indicated in column 2 shall be transferred from Manchester, and from the ward named in column 3 to Stockport, to the ward named in column 4, and to the Stockport petty sessional division, and the Greater Manchester South coroner’s district, remaining unparished.
Table
(1) (2) (3) (4) Area marked On map Transferred from Manchester, and from the following ward — To Stockport, and to the following ward —
A 12 Burnage Heaton Mersey A, C, D and E 11 Burnage Heaton Moor B 14 Didsbury Cheadle A 13 Didsbury Heaton Mersey A and C 7 Gorton North North Reddish B 8 Gorton South North Reddish A 9 Levenshulme South Reddish A 15 Sharston Cheadle B 16 Woodhouse Park Heald Green
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Stockport, and from the ward named in column 3 to Manchester, to the ward named in column 4, and to the Manchester petty sessional division and the Manchester coroner’s district, remaining unparished.
Table
(1) (2) (3) (4) Area marked On map Transferred from Stockport, and from the following ward To Manchester, and to the following ward
A 14 Cheadle Didsbury A 16 Heald Green Woodhouse Park B 13 Heaton Mersey Didsbury B 11 Heaton Moor Burnage B 12 A 10 Heaton Moor Levenshulme B and D 7 North Reddish Gorton North A 8 North Reddish Gorton South
3
In consequence of the transfers effected by paragraphs (1) and (2), the wards of Stockport shall be altered by the transfer of the area marked C on map 12 from Heaton Moor ward to Heaton Mersey ward.
Transfers within Greater Manchester between Manchester and Tameside
7
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Manchester, and from the ward named in column 3 to Tameside, to the ward mentioned in column 4 and to the Ashton- under-Lyne petty sessional division and the Greater Manchester South coroner’s district.
Table
(1) (2) (3) (4) Area marked On map Transferred from Manchester, and from the following ward — To Tameside, and to the following ward —
B 2 Beswick and Clayton Droylsden East B 1 Beswick and Clayton Droylsden West A 2 A 5 Bradford Audenshaw B 3 Bradford Droylsden East B 4 B 5 A & C 6 Gorton North Denton West
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Tameside, and from the ward named in column 3 to Manchester, to the ward mentioned in column 4 and to the Manchester petty sessional division and the Manchester coroner’s district.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from Tameside, and from the following ward — To Manchester, and to the following ward —
B 6 Denton West Gorton North C 2 Droylsden East Beswick and Clayton A 3 Droylsden East Bradford A 4 A, C & D 1 Droylsden West Beswick and Clayton
Town and country planning
8
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
26th August 1992


text:
1
1
This Order may be cited as the Street Works (Notices) Order 1992 and shall come into force on 1st January 1993.
2
In this Order: —
“enactment” means any enactment passed or made before the commencement of section 102 of the New Roads and Street Works Act 1991 (not being a special enactment to which section 101(1), (2) or (3) of that Act applies).
2
Any notice given in compliance with any of the provisions of the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 shall be deemed to satisfy any requirement made by or under any enactment or any instrument having effect under or by virtue of any enactment to give notice of any matter covered by the Regulations to the person to whom that notice is required to be given by or under such enactment or instrument.
Signed by authority of the Secretary of State for Transport and the Secretary of Statefor Wales.
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
2nd December 1992
Wyn Roberts
Minister of State at the Welsh Office
3rd December 1992


text:
1
This Order may be cited as the Finance (No. 2) Act 1992, section 62, (Commencement) Order 1992.
2
Section 62 of the Finance (No. 2) Act 1992 shall come into force on 6th April 1993.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
26th October 1992


text:
1
1
These Regulations may be cited as the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges, etc.) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
Regulation 2(1) of the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges, etc.) (Amendment) Regulations 1991 is hereby revoked.
2
Regulation 3(1)(a), (2)(a) and (3) of the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges, etc.) Regulations 1989 shall be amended by the substitution of “ £95” for “ £85” in each place where it occurs.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State Home Office
25th February 1992


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning General (Amendment) Regulations 1992 and shall come into force on 19th August 1992.
Effect of planning permission
2
In regulation 9 of the Town and Country Planning General Regulations 1992 (effect of planning permission), for “falling within regulation 3” substitute “of any land by that interested planning authority”.
Signed by the authority of the Secretary of State for the Environment
David Maclean
Minister of State,
Department of the Environment
17th August 1992
David Hunt
Secretary of State for Wales
12th August 1992


text:
Citation of interpretation and application
1
1
These Regulations may be cited as the Merchant Shipping (Passenger Ships of Classes IV, V, VI, & VI(A)-Bridge Visibility) Regulations 1992 and shall come into force on 31st October 1992.
2
In these Regulations the following expressions have the following meanings respectively unless the context otherwise requires:
“all round visibility” means visibility over a horizontal arc of 360 degs;
“dedicated lookout” means a person whose sole duty, while the ship is under way, is to maintain a lookout;
“enclosed passenger space” means any space to which passengers have access and which is, or may be, enclosed by fixed or moveable screens. It does not include a passenger deck fitted with a canopy provided there are no means, either temporary or permanent, to fit side and or end screens to the space;
“existing ship” means a ship which is not a new ship;
“new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after 31st October 1992; and for the purposes of this definition “a similar stage of construction” means the stage at which
construction identifiable with a particular ship begins and
assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less;
“passenger deck” means any deck space to which passengers have access;
“passenger ship” means a ship carrying more than 12 passengers;
“ship`s length” means, in relation to any ship, the length of that ship;
“tidal waters” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides;
“wandering lead control” means a mobile controller from which an operator is able to steer the ship from any part of the wheelhouse and bridge wings as appropriate.
3
These Regulations apply to all passenger ships of Classes IV, V, VI and VI(A) within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 operating in tidal waters: Provided that regulation 2(1) below does not apply to existing ships.
4
Where a ship is managed by a person other than its owner (whether on behalf of the owner or some other person or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.
Visibility from the Bridge
2
1
The steering position shall be situated above all decked superstructures other than the wheelhouse (if any) in which it is situated.
2
Subject to regulation 5 below, the steering position shall be so sited and any wheelhouse shall be so constructed as to provide the helmsman at the steering position with good all round visibility. The presence of a blind arc of visibility abaft the beam from the steering position shall not prevent visibility from being good all round visibility for the purposes of this regulation if the helmsman can, by moving horizontally within the permitted limits, obtain good visibility over the whole of that arc.
3
Subject to regulation 5 below, the steering position shall be so sited and the wheelhouse so constructed that the helmsman at the steering position can, if necessary by moving across a level and unobstructed deck within the permitted limits, —
a
see the surface of the water at a distance of not more than 2 ship`s lengths from the ship, over the arc from abeam on either side through right ahead, and
b
in new ships, and where practicable in existing ships, see an object situated 4 metres above the surface of the water at a distance of 200 metres from the stern of the ship, over the arc from abeam on either side through right astern.
4
In this regulation “the permitted limits” are,
a
for a ship with a single steering position, up to 1 metre either side of the steering position, or
b
for a ship with two steering positions within the wheelhouse, (or wings), between these two positions, or
c
for a ship with a wandering lead control from side to side of the ship, or the maximum reach of the wandering lead if this is a lesser distance.
Sight lines
3
1
In determining whether the above requirements are met the helmsman shall be assumed to have a height of eye of 1675mm. above the deck at the steering position.
2
Where a sight line, required to be clear to meet the above requirements, passes through an after facing window, that window shall be of not less than 450mm. depth (height) centered at 1675mm. above the deck at the steering position.
3
No such sight line shall pass through any enclosed passenger space.
4
In new ships, and where practicable in existing ships, any such sight line which passes over an open passenger deck shall be such that it would pass over the heads of any passengers occupying seats on that deck. Should the activities of standing passengers on these decks cause a serious obstruction to visibility from the steering position a dedicated lookout must be employed in such a manner as to overcome the effects of such obstruction.
Dedicated lookout
4
1
Where an existing ship does not comply fully with the requirements of regulation 2(2) or regulation 2(3)(b), or both, a dedicated lookout shall be provided at all times when the ship is under way.
2
The dedicated lookout shall be positioned outside the passenger spaces. He shall be instructed by the master to keep a continuous lookout astern and in particular over the areas referred to in regulation 2(2) or 2(3)(b), or both, as the case may be, which the helmsman cannot see.
3
The dedicated lookout may be in the wheelhouse, but if positioned outside the wheelhouse and remote from the helmsman he shall be provided with a wired telephone communication link to the helmsman.
Other lookout arrangements
5
The requirements of regulation 2 and regulation 4 do not apply to ships which are operated with bridge manning levels which include a helmsman and an officer of the watch:Provided that in such case —
i
the helmsman is able to see the water surface at no more than two ship`s lengths ahead and has an unobstructed view to 60 degrees on each bow; and
ii
the officer of the watch is able to obtain a 360 degree arc of visibility by horizontal movement within the navigation work area.
Windows
6
1
Vertical framing between all windows in the wheelhouse shall be kept to a minimum and shall not be installed immediately forward of the steering position, or positions.
2
The height of the lower edge of the forward facing windows of the wheelhouse shall be as low as practicable.
3
The upper edge of the forward facing windows of the wheelhouse shall be high enough to allow a person at the steering position with height of eye of 1800mm. a clear forward view to at least 10 degs above the horizontal at height of eye level.
4
Except on an existing ship the wheelhouse windows shall be inclined from the vertical plane, top out, at an angle of not less than 10 degs and not more than 25 degs, except in the way of access doors to the wheelhouse.
5
Neither polarised nor tinted glass shall be used in any wheelhouse window.
6
An adequate portion of the forward facing windows serving the helmsman shall be able to be maintained in a clear condition during conditions of spray and precipitation.
Exemptions
7
The Secretary of State may grant, on such terms (if any) as he may specify exemptions from any provisions of these Regulations, and may alter or cancel any such exemption.
Penalties
8
If a ship to which these Regulations apply proceeds on any voyage or excursion without complying with the requirements of the Regulations, the owner and master shall each be guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
1st October 1992


text:
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) (No.2) Regulations 1992 and shall come into force on 1st January 1993.
2
The Premium Savings Bonds Regulations 1992 shall be amended; —
1
in regulation 2(1), by inserting the following definition —
“the adjudicator” means a person appointed under section 84 of the Friendly Societies Act 1992
,
and by omitting the definition of “Chief Registrar of friendly societies”;
2
in regulation 22, by subsituting for the words “Chief Regsitrar of friendly societies” and “Chief Registrar” in all the places that they appear the word “adjudicator”;
3
by adding to regulation 22 the following new paragraph —
5
Where a dispute of the sort referred to in paragraph (1) above was referred before 1 January 1993 to the Chief Registrar of friendly societies or a deputy appointed by him or (by virtue of the application of these Regulations to Scotland) to the assistant registrar of friendly societies for Scotland, that dispute shall be treated as if it had been referred to the adjudicator and any thing done in relation to such a dispute by the Chief Registrar, any deputy appointed by him or the assistant registrar shall be treated as a thing done by the adjudicator.
;
4
by omitting regulation 31(g).
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury.
9th December 1992


text:
Title and commencement
1
These Regulations may be cited as the Artificial Insemination of Pigs (EEC) Regulations 1992 and shall come into force on 1st January 1993.
Intra-Community trade in porcine semen
2
1
No person shall collect, process, store or transport for the purpose of export to another member State and porcime semen unless it complies with article 3 of Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the pordine species .
2
The appropriate Minister, upon being satisfied that a semen collection centre complies with the provisions of Council Directive 90/429/EEC (in particular Annex A thereof) shall, for the purposes of export of porcine semen to another member State —
a
approve the semen collection centre, and
b
issue the centre with a registration number.
3
The appropriate Minister may approve isolation accommodation for the purposes of Annex B to Council Directive 90/429/EEC .
4
Any premises approved under paragraph (2) or (3) above shall be supervised by a veterinary inspector appointed under the Animal Health Act 1981 who shall report to the appropriate Minister any breach of any provision of the Directive.
5
Every approval granted under paragraph (2) or (3) above shall be in writing and may be withdrawn or suspended after notice in writing has been served on the person having charge of the collection centre or isolation accommodation informing him of the breach the Directive complained of.
6
It shall be the duty of a veterinary inspector appointed under the Animal Health Act 1981 to issue animal haelth certificates for the purposes of Council Directive 90/429/EEC .
Disapplication
3
The Artificial Insemination of Pigs (England and Wales) Regulations 1964 and the Artificial Insemination of Pigs (Scotland) Regulations 1964 shall not apply to the collection, processing, storage and transport of porcine semen for the purpose of export to another member State.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1992
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
10th December 1992
David Hunt
Secretary of State for Wales
10th December 1992