text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Excise Duties (Deferred Payment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Excise Duties (Deferred Payment) Regulations 1983 , the Excise Duties (Hydrocarbon Oils) (Deferred Payment) Regulations 1985 , the Excise Duties (Deferred Payment) (Amendment) Regulations 1986 and the Excise Duties (Deferred Payment) (Amendment) Regulations 1989 are hereby revoked.
Interpretation
2
In these Regulations —
“approved person” means a person approved by the Commissioners under regulation 4 below;
“business day” means a day which is a business day within the meaning of section 92 of the Bills of Exchange Act 1882 ;
“hydrocarbon oils” means goods (except petrol substitutes, power methylated spirits and road fuel gas) chargeable with excise duty by virtue of the Hydrocarbon Oil Duties Act 1979 and includes composite goods containing hydrocarbon oils on which goods excise duty is chargeable;
“imported by a registered excise dealer and shipper” includes any importation where goods are moved under the instructions of a registered excise dealer and shipper or are, in accordance with registered excise dealers and shippers regulations, deemed to be so moved;
“made-wine” includes composite goods containing made-wine on which goods excise duty is chargeable;
“spirits” includes composite goods containing spirits on which goods excise duty is chargeable;
“payment day” has the meaning given by regulation 5 below;
“wine” includes composite goods containing wine on which goods excise duty is chargeable.
Application
3
These Regulations shall apply to goods on which excise duty would, but for deferment granted by these Regulations, be payable on or after 1st January 1993; being goods of any of the following descriptions —
a
wine, made-wine, cider, spirits, hydrocarbon oils; and
b
beer imported by a registered excise dealer and shipper.
PART II
DEFERMENT OF EXCISE DUTY
Approved persons
4
1
A person who wishes to be granted excise duty deferment under these Regulations shall apply to be approved for excise duty deferment purposes.
2
When approving a person under this regulation the Commissioners may specify the maximum amount of excise duty which may be deferred by that person at any time under that approval.
3
When approving a person under this regulation the Commissioners may limit the approval to deferment in respect of goods which are at specified places.
4
A person may be approved separately under this regulation in respect of different places.
5
The Commissioners may, for reasonable cause, at any time vary or revoke any approval granted under this regulation.
Deferment
5
1
Deferment shall be granted upon the giving of notice by an approved person that he wishes excise duty in respect of any goods to be deferred until a day, to be known as “payment day”, provided that the notice is given in such form and manner and contains such particulars as the Commissioners may require and provided that the provisions of these Regulations are complied with.
2
Subject to regulation 6 below, on each payment day an approved person shall pay to the Commissioners the total amount of excise duty of which he has been granted deferment until that payment day.
3
Payment day shall be —
a
in the case of beer imported by a registered excise dealer and shipper, the 25th day of the month following the month in which the duty would, but for deferment granted by these Regulations, be payable;
b
in the case of any goods other than beer imported by a registered excise dealer and shipper, the 15th day of the month following the month in which the duty on those goods would, but for deferment granted by these Regulations, be payable;
c
in the case of hydrocarbon oils delivered for home use from a refinery or other premises used for the production of hydrocarbon oil or from an excise warehouse on or after the 15th day of one month and not later than the 14th day of the next month, the last business day of that next month; and
d
in any other case, where the duty on those goods would, but for deferment granted by these Regulations, be payable on or after the 15th day of one month and not later than the 14th day of the next month, either —
i
the 29th day of that next month; or
ii
where that next month has only 28 days, the 28th day of that month;
provided that where the payment day would, if determined in accordance with the foregoing provisions of this paragraph, fall on a day upon which the Bank of England is closed, the payment day shall be, in the case mentioned in sub-paragraph (b) above the next business day following that day and, in any other case, the last business day preceding that day.
Set-offs
6
1
Subject to paragraph (2) below an approved person shall set-off all sums to which he is entittled as rebate under section 11 of the Hydrocarbon Oil Duties Act 1979 all sums to which he is entitled to repayment under section 15 of that Act and such other sums as the Commissioners may allow against excise duty required to be paid by him on payment day under regulation 5 above.
2
An approved person shall not set-off those sums referred to in paragraph (1) above unless on or before the said payment day he submits to the Commissioners a claim for set-off in such form and manner and containing such particulars as they may require.
3
Rebate shall not be set-off under paragraph (1) above at a payment day earlier than that on which duty deferred under these Regulations, in respect of which the rebate exists, would have been due.
Adjustments
7
1
If a notice has been given under regulation 5 above or any other document has been submitted to the Commissioners in respect of excise duty deferment and the Commissioners are satisfied that the full amount of excise duty payable has not been shown then, save as the Commissioners may otherwise allow, the balance of excise duty shall be paid forthwith.
2
If a notice has been given under regulation 5 above or any other document has been submitted to the Commissioners in respect of excise duty deferment and the Commissioners are satisfied that excise duty in excess of the amount payable has been shown other than by reason of a set-off under regulation 6 above, the Commissioners shall repay or give credit for that excess, but the total amount shown shall nonetheless be paid on payment day.
PART III
REQUIREMENTS TO BE OBSERVED
Security
8
A person who is approved for the purpose of applying for deferment of excise duty shall provide such security for that duty in such form and manner and in such amount as the Commissioners may require.
Conditions
9
The Commissioners may make any approval of a person or any grant of deferment of duty subject to any condition or requirement and conditions or requirements may be added to or varied at any time by the Commissioners.
Change of circumstances
10
Any person who has applied to be approved or has been approved under regulation 4 above shall notify the Commissioners immediately of any change in circumstances which materially affects any application for approval or for deferment of duty or any security given by him under these Regulations.
PART IV
RELATIONSHIP TO OTHER ENACTMENTS
Purposes for which excise duty is treated as paid
11
Without prejudice to regulation 5 above for the purposes of the following enactments excise duty shall be deemed to have been paid at the time when deferment was granted —
a
sections 24(2)(b), 43(1)(a), 51, 67(1)(b), 96(1)(a), 127 and 162 of the Customs and Excise Management Act 1979 ;
b
sections 10(2)(a) and 11(1)(a) of the Customs and Excise Duties (General Reliefs) Act 1979 ;
c
sections 16, 21, 22(1), 22(3A), 22(5), 42 and 43 of the Alcoholic Liquor Duties Act 1979 ;
d
sections 9(4), 15(1), 17(1), 18(1), 19(3), 19A(1) and 20(1) of the Hydrocarbon Oils Duties Act 1979 .
Savings for requirements of other Regulations
12
Nothing in these Regulations shall be taken to remove any obligation placed upon any person to comply with the requirements or conditions imposed by or under any other Regulations relating to the goods in respect of which payment of duty is deferred under these Regulations, except in so far as those other Regulations relate to the date for payment of duty and deferment of that payment is granted under these Regulations.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
10th December 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West London Healthcare National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“ community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“ establishment date” means 4th November 1992;
“ operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“ the trust” means the West London Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West London Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Ealing Mental Health Unit, John Conolly Wing and St. Bernard’s Wing, Ealing Hospital, Uxbridge Road, Southall, Middlesex UB1 3EU and associated hospitals;
b
to manage community health services provided from Ealing Mental Health Unit, John Conolly Wing and St. Bernard’s Wing, Ealing Hospital, Uxbridge Road, Southall, Middlesex UB1 3EU 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 Ealing 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 Ealing 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 Ealing Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Yorkshire Metropolitan Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West Yorkshire Metropolitan Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Threelands, Bradford Road Birkenshaw, Bradford BD11 2AH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 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 Yorkshire Regional 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 Yorkshire Regional 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 Yorkshire Regional 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
The Borough Council of Sandwell (Black Country Spine Road) (Balls Hill Branch/Ridgacre Branch Canal Bridges) Scheme 1992 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the schedule hereto and copies of the scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and at the offices of the Borough Council of Sandwell, Sandwell Council House, Oldbury, Warley, West Midlands.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Borough Council of Sandwell (Black Country Spine Road) (Balls Hill Branch/Ridgacre Branch Canal Bridges) Scheme 1992 Confirma tion Instrument 1992.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Transport
22nd December 1992


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (Financial Services)Order 1992.
2
This Order shall come into force on 7th June 1992.
Transfer of functions from the Secretary of State to the Treasury
2
1
Subject to the following provisions of this Order, the functions of the Secretary of State under —
a
the Company Securities (Insider Dealing) Act 1985 ,
b
the Financial Services Act 1986 ,
c
Parts VII (financial markets and insolvency) and IX (transfer of securities) of the Companies Act 1989 , and
d
the Uncertificated Securities Regulations 1992 ,
are hereby transferred to the Treasury.
2
The functions of the Secretary of State under the following provisions of the Companies Act 1989 are also hereby transferred to the Treasury —
a
section 203(3), so far as it concerns the making of an order specifying when the transitional period referred to in that section is to end;
b
section 206(2) (power to make a delegation order on bringing into force any provision of Part VIII of the Act which amends the Financial Services Act 1986); and
c
section 215(2), (3) and (4) so far as it relates to the bringing into force of —
i
any provision of Part VII; or
ii
any provision of Part VIII of the Act which amends the Financial Services Act 1986.
3
Subject to the following provisions of this Order, in so far as the Secretary of State retains any functions under Part III of the Companies Act 1985 and the Prevention of Fraud (Investments) Act 1958 (which enactments have been repealed with savings) those functions are also hereby transferred to the Treasury.
4
In relation to the enactments referred to in paragraph (3) above, references in this Order to the Secretary of State or to the Secretary of State for Trade and Industry include references to the Board of Trade.
Functions retained by the Secretary of State
3
The functions of the Secretary of State mentioned in Schedule 1 to this Order are not transferred to the Treasury.
Functions to be exercisable jointly by the Secretary of State and the Treasury
4
The functions of the Secretary of State mentioned in Schedule 2 to this Order shall be exercisable by the Secretary of State jointly with the Treasury.
Functions to be exercisable by the Secretary of State and the Treasury concurrently
5
The functions of the Secretary of State mentioned in Schedule 3 to this Order shall be exercisable by the Secretary of State and the Treasury concurrently.
Functions transferred to designated agency
6
1
Nothing in this Order affects the exercise (including any exercise concurrently with the Secretary of State) of any function which, before the coming into force of this Order, has been transferred from the Secretary of State to a designated agency by an order (in this Article referred to as a “delegation order”) under section 114 of the Financial Services Act 1986 or section 168(2) or section 206(2) of the Companies Act 1989.
2
Where, before the coming into force of this Order, any function has been so transferred, the powers under section 115 of the Financial Services Act 1986 or section 168(3) of the Companies Act 1989 to make an order resuming that function shall be construed as powers of the Treasury to make an order assuming that function; and references in those sections to the resumption of functions shall be construed accordingly.
3
The transfer to the Treasury by virtue of this Order of the power to make a delegation order does not affect the operation of any enactment under which such an order may be subject to a reservation that the function which is transferred is to be exercisable concurrently by the Secretary of State.
Barlow Clowes ex gratia payments scheme
7
1
The functions of the Secretary of State for Trade and Industry with respect to the Barlow Clowes ex gratia payments scheme are hereby transferred to the Treasury.
2
In this Order “the Barlow Clowes ex gratia payments scheme” means the scheme announced in a statement made in the House of Commons on 19th December 1989 by the Secretary of State for Trade and Industry.
Transfers of property, rights and liabilities
8
There are hereby transferred —
a
to the Solicitor for the affairs of Her Majesty’s Treasury any property, rights and liabilities to which, immediately before the coming into force of this Order, the Secretary of State for Trade and Industry is entitled or subject in connection with the Barlow Clowes ex gratia payments scheme; and
b
to the Treasury all other property, rights and liabilities to which, immediately before the coming into force of this Order, the Secretary of State for Trade and Industry is entitled or subject in connection with any functions transferred by this Order.
Designation for purposes of European Communities Act 1972
9
For the purposes of section 2(2) of the European Communities Act 1972 , the Treasury is hereby designated (in place of the Secretary of State) in relation to —
a
matters relating to listing of securities on a stock exchange and information concerning listed securities,
b
measures relating to open-ended collective investment schemes which have as their purpose investment in transferable securities, with the aim of spreading investment risk of funds raised from the public, and
c
measures relating to prospectuses on offers of transferable securities to the public,
and in relation to anything supplemental or incidental to those matters or measures.
Supplementary
10
1
The enactments mentioned in Schedule 4 to this Order shall be amended in accordance with that Schedule.
2
Subject to paragraph (1) above, in any enactment or instrument passed or made before the coming into force of this Order, any reference to the Secretary of State shall be construed, so far as necessary in consequence of any transfers effected by this Order as if it were a reference to the Treasury, to the Secretary of State and the Treasury acting jointly, to the Secretary of State or the Treasury or, as the case may be, to the Solicitor for the affairs of Her Majesty’s Treasury.
3
In this Order “instrument” includes (without prejudice to the generality of that expression) regulations, rules, orders, contracts, memoranda and articles of association and other documents.
4
Any legal proceedings to which the Secretary of State for Trade and Industry or his Department is a party at the coming into force of this Order may —
a
if they relate to any property, rights and liabilities transferred by Article 8(a) above, be continued by or against the Treasury and the Solicitor for the affairs of Her Majesty’s Treasury;
b
if they relate to any other transfer effected by this Order, be continued by or against the Treasury.
5
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Trade and Industry before the coming into force of this Order, and (subject to paragraph (4) above) anything which at that date is in process of being done by or in relation to him may, if it relates to any function or any property, rights and liabilities transferred by this Order, be continued by or in relation to the Treasury.
6
Anything done (or having effect as if done) by the Secretary of State for Trade and Industry for the purpose of or in connection with anything transferred by this Order which immediately before the coming into force of this Order is in force shall have effect, so far as required for continuing its effect on and after that date, as if done by the Treasury.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) Order 1992.
2
The bodies named in article 3 below are prescribed for the purposes of section 376 of the Income and Corporation Taxes Act 1988 and shall become qualifying lenders with effect from the dates and in respect of the loans specified in the following paragraphs —
a
with effect from the thirtieth day after the making of this Order, in relation to new loans (that is loans which are made on or after that day);
b
with effect from the making of this Order, in relation to transferred loans (that is loans transferred from another qualifying lender on or after the making of this Order the interest on which is at the time of transfer relevant loan interest payable by a qualifying borrower);
c
with effect from the 6th April 1993, in relation to other loans made by the body concerned before the thirtieth day after the making of this Order.
3
The following are the bodies referred to in article 2 above —
Bear Stearns Mortgage Securities No. 5 Limited
Bear Stearns Mortgage Securities No. 6 Limited
Bear Stearns Mortgage Securities No. 7 Limited
Bear Stearns Mortgage Securities No. 8 Limited
Bear Stearns Mortgage Securities No. 9 Limited
Bear Stearns Mortgage Securities No. 10 Limited
CCHA (Funding) Limited
Gota Bank Lloyds Private Banking Limited
Northern Rock Mortgage Services Limited
Norwich & Peterborough (AMC) Limited
Trushelfco (No. 1810) Limited
Ulster Bank Limited.
4
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) (No. 3) Order 1986 shall be amended by omitting the words —
Charterhouse Bank Limited
Trushelfco (No. 1003) Limited
.
5
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1987 shall be amended by omitting the words —
Hill Samuel Finance (No. 8) Limited
Hill Samuel Finance (No. 9) Limited
The Bank of Nova Scotia
.
6
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1988 shall be amended by omitting the words —
Paribas Mortgage Funding Limited
Paribas Silver Mortgages Limited
.
7
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) (No. 2) Order 1988 shall be amended by omitting the words —
Equity & Law Home Loans (NO 4) Limited
Equity & Law Home Loans (NO 5) Limited
Equity & Law Home Loans (NO 6) Limited
.
8
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1989 shall be amended by omitting the words —
Paribas Throgmorton Mortgages Limited
Paribas Gracechurch Mortgages Limited
Paribas Threadneedle Mortgages Limited
Paribas Fenchurch Mortgages Limited
Paribas Moorgate Mortgages Limited
.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Installations (Safety Case) Regulations 1992 and shall come into force on 31st May 1993, except regulation 11 which shall come into force on 30th November 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1971 Act ” means the Mineral Workings (Offshore Installations) Act 1971 ;
“the 1989 Order ” means the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 ;
“approves” means approves in writing;
“ the Executive ” means the Health and Safety Executive;
“combined operation” means an activity referred to in paragraph (7);
“concession owner” in relation to a fixed installation means a concession owner within the meaning of section 12(2) of the 1971 Act as if “or is to be” appeared after “there is” in the subsection;
“construction activity” in relation to an installation means —
the construction of the installation at the place where it is to be operated;
the dismantling or demolition of the installation at the place where it was operated; or
any activity on or in connection with the installation which involves the use of a heavy lift vessel;
“decommissioning” in relation to an installation means taking the installation or any plant thereon out of use with a view to the abandonment of the installation, and
“decommissioned” shall be construed accordingly;
“diving bell” means a diving bell within the meaning of regulation 2 of the Diving Operations at Work Regulations 1981 ;
“fixed installation” means an installation other than a mobile installation;
“heavy lift vessel” means a vessel whose primary function is to —
lift an installation or part thereof, or
lift plant onto or off an installation;
“installation” means an offshore installation within the meaning of section 1 of the 1971 Act as if in the definition of “controlled waters” in section 1(4) of that Act the reference to the United Kingdom were a reference to Great Britain;
“major accident” means —
a fire, explosion or the release of a dangerous substance involving death or serious personal injury to persons on the installation or engaged in an activity on or in connection with it;
any event involving major damage to the structure of the installation or plant affixed thereto or any loss in the stability of the installation;
the collision of a helicopter with the installation;
the failure of life support systems for diving operations in connection with the installation, the detachment of a diving bell used for such operations or the trapping of a diver in a diving bell or other subsea chamber used for such operations; or
any other event arising from a work activity involving death or serious personal injury to five or more persons on the installation or engaged in an activity in connection with it;
“mobile installation” means an installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;
“notified” means notified in writing, and related expressions shall be construed accordingly;
“operator” in relation to —
a fixed installation means the person appointed by a concession owner to execute any function of organising or supervising any operation to be carried out by such installation or, where no such person has been appointed, the concession owner;
a mobile installation means the person for whom the owner has agreed to carry out the operation concerned or, where there is no such agreement, the owner;
“owner” in relation to —
a mobile installation means the person who has registered the installation pursuant to regulations under section 2 of the 1971 Act or, if there is no such person, the person for the time being having the management of the installation, or of its main structure;
a pipe-line means an owner within the meaning of section 33(3) of the Petroleum and Submarine Pipe-Lines Act 1975 ;
“pipe-line” has the same meaning as in section 26(1) of the Petroleum and Submarine Pipe-Lines Act 1975;
“quantitative risk assessment” means the identification of hazards and the evaluation of the extent of risk arising therefrom incorporating calculations based upon the frequency and magnitude of hazardous events;
“relevant statutory provisions” means those relevant statutory provisions which apply to or in relation to installations or activities on or in connection with them;
“relevant waters” means —
tidal waters and parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters, and
any area designated by order under section 1(7) of the Continental Shelf Act 1964 ;
“safety case” shall be construed in accordance with paragraph (2);
“stand-by vessel” has the same meaning as in regulation 10 of the Offshore Installations (Emergency Procedures) Regulations 1976 ;
2
Any reference in these Regulations to a safety case is, subject to regulation 8(3), a reference to a document containing the particulars specified in regulation 8 and the Schedule referred to in the provision pursuant to which the safety case is prepared; and a safety case may contain such particulars by reference to the same particulars in an earlier safety case relating to the same installation and sent to the Executive pursuant to these Regulations.
3
Any provision of these Regulations requiring particulars to be included in a safety case which are also required to be included by virtue of a more general provision of the Regulations is without prejudice to the generality of the more general provision.
4
Any reference in these Regulations to the Executive accepting a safety case or revision is a reference to the Executive notifying the person who sent the safety case or revision to the Executive that it is satisfied with the case for health and safety made out in the safety case or in the revision, as appropriate.
5
Any reference in these Regulations to operating an installation is a reference to carrying out from, by means of or on the installation an activity mentioned in section 1(2) of the 1971 Act.
6
Any reference in these Regulations to the commencement of drilling a well includes a reference to the recommencement of drilling after the well has been completed, suspended, or abandoned by plugging at the sea-bed.
7
For the purposes of these Regulations two or more installations shall be treated as engaged in a combined operation with each other if an activity carried out from, by means of or on one of the installations —
a
is carried out temporarily for a purpose related to the other installation or installations; and
b
could affect the health or safety of persons on any of the installations or of persons engaged in an activity in connection with any of the installations.
8
Any reference in these Regulations to an activity in connection with an installation is a reference to any activity in connection with an offshore installation specified in article 4(1)(b) of the 1989 Order.
9
Where an operator or owner of an installation is succeeded by a new operator or owner, anything done in compliance with these Regulations by the operator or owner in relation to the installation shall, for the purposes of these Regulations, be treated as having been done by his successor.
10
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
3
These Regulations shall apply —
a
in Great Britain, and
b
to and in relation to installations and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of article 4(1) and (2)(b) of the 1989 Order.
Safety cases for fixed installations
4
1
The operator of a fixed installation which is to be established shall —
a
prepare a safety case containing the particulars specified in regulation 8 and Schedule 1; and
b
send the safety case to the Executive;
at such time before completion of the design of the installation as will enable him to take account in the design of any matters relating to health and safety raised by the Executive within 3 months of that time.
2
The operator of a fixed installation shall ensure that it is not operated unless —
a
he has prepared a safety case containing the particulars specified in regulation 8 and Schedule 2;
b
he has sent the safety case to the Executive at least 6 months before commencing the operation; and
c
the Executive has accepted the safety case.
3
For the purposes of paragraph (2) the operation of an installation shall be treated as commenced —
a
on the commencement of the first well drilling operation from the installation which may involve the release of hydrocarbons from beneath the sea-bed; or
b
when hydrocarbons are brought onto the installation for the first time through a pipe-line or well,
whichever is earlier.
4
A safety case prepared pursuant to paragraph (2) may be prepared in relation to more than one fixed installation where the Executive so approves, and where a safety case is to be so prepared in relation to installations with different operators it shall be sufficient compliance with paragraph (2)(a) and (b) if the operators prepare and agree the safety case containing the particulars referred to in that paragraph and one of them sends it to the Executive in accordance with paragraph (2)(b).
Safety case for mobile installations
5
The owner of a mobile installation shall ensure that the installation is not moved in relevant waters with a view to its being operated there unless —
a
he has prepared a safety case containing the particulars specified in regulation 8 and Schedule 3;
b
he has sent the safety case to the Executive at least 3 months before the movement of the installation in those waters with a view to its being operated there; and
c
the Executive has accepted the safety case.
Safety case for combined operations
6
1
In preparing a safety case for an installation pursuant to regulation 4(2) or 5 or a revision thereof pursuant to regulation 9 account need not be taken of the fact that the installation is or is to be engaged in a combined operation with another installation.
2
The operator of a fixed installation shall ensure that the installation is not engaged in a combined operation with a mobile installation, and the owner of a mobile installation shall ensure that the installation is not engaged in a combined operation with a fixed or mobile installation unless —
a
the operators of the installations so engaged and the owner of every mobile installation so engaged have prepared and (unless they are the same person) agreed a safety case containing the particulars specified in Schedule 4;
b
the safety case has been sent by an operator to the Executive —
i
in a case where a mobile installation is to carry out an operation on a well connected to a fixed installation (other than a well which is beneath or immediately adjacent to the installation), at least 4 weeks,
ii
in any other case 6 weeks,
before the combined operation is commenced, and
c
the Executive has accepted the safety case.
Safety case for abandonment of fixed installations
7
The operator of a fixed installation shall ensure that the installation is not decommissioned unless —
a
he has prepared a safety case containing the particulars specified in regulation 8 and Schedule 5;
b
he has sent the safety case to the Executive at least 6 months before the commencement of the decommissioning; and
c
the Executive has accepted the safety case.
Management of health and safety and control of major accident hazards
8
1
An operator or owner who prepares a safety case pursuant to these Regulations (in this regulation referred to as “the duty holder”) shall, subject to paragraphs (2) and (3), include in the safety case sufficient particulars to demonstrate that —
a
his management system is adequate to ensure that the relevant statutory provisions will (in respect of matters within his control) be complied with in relation to the installation and any activity on or in connection with it;
b
he has established adequate arrangements for audit and for the making of reports thereof;
c
all hazards with the potential to cause a major accident have been identified; and
d
risks have been evaluated and measures have been, or will be, taken to reduce the risks to persons affected by those hazards to the lowest level that is reasonably practicable.
2
Paragraph (1) shall only require the particulars in the safety case to demonstrate the matters referred to in that paragraph to the extent that it is reasonable to expect the duty holder to address them at the time of sending the safety case to the Executive.
3
Without prejudice to paragraphs 2 and 3 of Schedule 4, this regulation shall not apply to a safety case prepared pursuant to regulation 6(2).
4
In this regulation —
a
“audit” means systematic assessment of the adequacy of the management system to achieve the purpose referred to in paragraph (1)(a) carried out by persons who are sufficiently independent of the system (but who may be employed by the duty holder) to ensure that such assessment is objective;
b
“management system” means the organisation and arrangements established by the duty holder for managing his undertaking.
Revision of safety cases
9
1
An operator or owner who has prepared a safety case pursuant to these Regulations shall revise its contents as often as may be appropriate; but nothing in this paragraph shall require the revision to be sent to the Executive.
2
Where a revision to be made under paragraph (1) (other than a revision to a safety case prepared pursuant to regulation 4(1)) will render the safety case materially different from the last version sent to the Executive pursuant to these Regulations, the revision shall not be made unless —
a
the safety case incorporating the proposed revision has been sent to the Executive at least 3 months before the revision is to be made; and
b
the Executive has accepted the revision,
and for the purposes of this paragraph in determining whether a revision will render the safety case materially different from the version referred to above, regard shall be had to the cumulative effect of that revision and any previous revisions made under paragraph (1) but not subject to this paragraph.
3
Where the revision —
a
relates to the drilling of a well or the carrying out of any other operation on a well the period referred to in paragraph (2)(a) shall be 21 days,
b
is of a safety case prepared pursuant to regulation 6(2) and does not relate to the matters referred to in sub-paragraph (a), the period referred to in paragraph (2)(a) shall be 6 weeks,
instead of 3 months.
4
Where an operator or owner has prepared a safety case in respect of an installation in accordance with regulation 4(2) or 5 or made a revision thereof in accordance with this paragraph, no person shall operate the installation beyond a period of 3 years from the date on which the last safety case or revision was accepted by the Executive unless during that period —
a
the operator or owner who prepared the safety case or revision has revised the safety case and sent the revision to the Executive at least 3 months before that period has expired; and
b
the Executive has accepted the revision.
Duty to conform with safety case
10
1
Where —
a
an operator or owner has prepared a safety case pursuant to these Regulations (except regulation 4(1)) or made a revision thereof pursuant to regulation 9,
b
the safety case or revision describes any health or safety procedures or arrangements to be followed, and
c
the Executive has accepted the safety case under the regulation concerned or in the case of a revision subject to regulation 9(2) or (4) has accepted it under that regulation;
he shall ensure that those procedures and arrangements are followed.
2
In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that —
a
in the particular circumstances of the case it was not in the best interests of the health and safety of persons to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 9, or
b
the commission of the offence was due to a contravention by another person of regulation 14 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.
Notification of well operations
11
1
The operator of a fixed installation shall ensure that the drilling of a well from the installation is not commenced unless at least 21 days before its commencement he has sent to the Executive a notification containing the particulars specified in Schedule 6.
2
The operator of a mobile installation shall ensure that the carrying out of any operation in relation to a well or proposed well from the installation (including the drilling of a well) is not commenced unless at least 21 days before its commencement he has sent to the Executive a notification containing the particulars specified in Schedule 6.
3
Paragraphs (1) and (2) shall not apply where the drilling or operation is commenced before 21st December 1995.
4
Where there is a material change in any of the particulars notified pursuant to paragraph (1) or (2), the operator of the installation concerned shall notify the Executive of that change as soon as is practicable thereafter.
Notification of construction activities
12
1
The operator of an installation shall ensure that the carrying out of any construction activity is not commenced unless at least 28 days before its commencement he has sent to the Executive a notification containing the particulars specified in Schedule 7.
2
Paragraph (1) shall not apply where the construction activity is commenced before 28th June 1993.
Transitional provisions
13
1
Where a relevant activity is taking place on 31st May 1993 or it takes place within 6 months after that date, it shall be sufficient compliance with regulation 4(2), 5, 6 or 7 if —
a
the safety case referred to in that regulation is sent to the Executive within 6 months after that date, and
b
the Executive accepts the safety case within 30 months after that date (“the transitional period”).
2
The absence of acceptance by the Executive of a safety case prepared pursuant to regulation 4(2), 5, 6 or 7 shall not prevent the carrying on of a relevant activity during the transitional period.
3
Regulation 6(2) shall not apply if the engagement of the installation in the combined operation ceases and is not re-commenced during the transitional period.
4
Where, on 31st May 1993, a mobile installation is being operated in relevant waters or is being maintained on a station in relevant waters with a view to its being operated there, the installation shall, for the purposes of regulation 5, be treated as being moved on that date in relevant waters with a view to its being operated there; and the preceding provisions of this regulation shall apply accordingly.
5
In this regulation “relevant activity” in relation to any provision means the activity prohibited by that provision.
Co-operation
14
1
Every person to whom this regulation applies shall co-operate with the operator and owner of an installation (in this regulation referred to as the first-mentioned installation) and with the operator and owner of an installation engaged in a combined operation with it, so far as is necessary to enable them to comply with the provisions of these Regulations.
2
This regulation applies to —
a
the operator of the first-mentioned installation insofar as paragraph (1) requires him to co-operate with the owner of that installation and with the operator and owner of an installation engaged in a combined operation with it;
b
the owner of the first-mentioned installation insofar as paragraph (1) requires him to co-operate with the operator of that installation and with the operator and owner of an installation engaged in a combined operation with it;
c
any other employer of persons and a self-employed person carrying out an activity on the first-mentioned installation or in connection with it;
d
the operator and owner of an installation connected by a pipe-line to the first-mentioned installation;
e
the person in control of a stand-by vessel for the first-mentioned installation;
f
the person in control of a heavy lift vessel used in relation to the first-mentioned installation; and
g
the owner of a pipe-line connected to the first-mentioned installation.
Keeping of documents
15
1
An operator or owner who prepares a safety case pursuant to these Regulations shall —
a
ensure that when the safety case is sent to the Executive it is notified of an address in Great Britain for the purposes of sub-paragraph (b), (c) and (g) below;
b
keep a copy of the safety case and any revision thereof at the address referred to in sub-paragraph (a) above and on the installation to which the safety case relates;
c
keep a copy of each audit report at that address;
d
ensure that in respect of each audit report a written statement is made recording —
i
the main findings of the report;
ii
the recommendations in the report;
iii
the action proposed to implement those recommendations including the timescales involved;
e
keep a copy of that statement on the installation to which it relates;
f
ensure that a record is made of any action taken in consequence of an audit report; and
g
keep a copy of that record at the address referred to in sub-paragraph (a) above and on the installation to which it relates.
2
The copy of the audit report, record and written statement referred to in paragraph (1) shall be kept for a period of 3 years after it has been made, and the copy of the safety case and revision referred to in that paragraph shall be kept for so long as it is current.
3
It shall be sufficient compliance with paragraph (1)(b), (c), (e) and (g) for the information in the documents referred to in those sub-paragraphs to be kept at the place referred to therein on film or by electronic means provided that the information is capable of being reproduced as a written copy at that place and it is secure from loss or unauthorised interference.
4
In this regulation “audit report” means a report made pursuant to the arrangements referred to in regulation 8(1)(b).
Amendments to the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989
16
The provisions of Schedule 8 shall have effect.
Exemptions
17
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person, installation or class of persons or installations from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
Without prejudice to the generality of paragraph (1), where any requirement or prohibition in these Regulations makes reference to —
a
either a time or period for sending a safety case or notification to the Executive, the Executive may, subject to paragraph (3) and in the particular case, specify a later time or shorten the period,
b
a period beyond which something shall not be done, the Executive may, subject to paragraph (3) and in the particular case, lengthen the period;
and the exercise of such a power shall have effect as an exemption granted by the Executive subject to the condition that the requirement or prohibition is observed with the later time or shorter or longer period substituted for that referred to in it.
3
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
16th November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Dividends and Interest) (Amendment) Regulations 1992 and shall come into force on 30th January 1992.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
immediately before the definition of “the Board” there shall be inserted —
“the appropriate person” means any person who is beneficially entitled to a payment by a building society of a dividend or interest in respect of an investment, or is entitled to receive any such payment as a personal representative in his capacity as such, or to whom any such dividend or interest is payable;
;
b
after the definition of “investor” there shall be inserted —
“mental disorder” has the meaning given by section 1(2) of the Mental Health Act 1983 or, in Scotland, section 1(2) of the Mental Health (Scotland) Act 1984 or, in Northern Ireland, Article 3 of the Mental Health (Northern Ireland) Order 1986 ;
;
c
after the definition of “the 1986 Regulations” there shall be inserted —
“son or daughter” means a son or daughter aged 16 or over, and includes a stepson or stepdaughter and an adopted or illegitimate son or daughter;
.
4
In regulation 3 for paragraph (2) there shall be substituted —
2
The cases prescribed by this paragraph are all payments of dividends or interest in respect of an investment other than —
a
gross payments, and
b
payments referred to in section 477A (1A) of the Taxes Act .
.
5
In regulation 4(1) —
a
sub-paragraph (m) shall be omitted;
b
after sub-paragraph (n) there shall be added —
o
a payment in respect of an investment forming part of a premiums trust fund (within the meaning of section 457 of the Taxes Act) of an underwriting member of Lloyd's;
p
a payment to a local authority within the meaning of section 842A of the Taxes Act .
.
6
In regulation 5(2) —
a
after paragraph (iv) of sub-paragraph (b) there shall be added the words
or
v
a parent, guardian, spouse or son or daughter of a person suffering from mental disorder; or
vi
a receiver or other person appointed by any court in the United Kingdom to act in relation to the property and affairs of a person incapable, by reason of mental disorder, of managing and administering his property and affairs;
;
b
in paragraph (ii) of sub-paragraph (c) for the words “the certificate, if given, would relate” there shall be substituted the words “the certificate relates”.
7
At the end of regulation 6(3) (d) (ii) there shall be added the words “or, if earlier, after it has become reasonably practicable so to deduct tax;”.
8
In regulation 7 sub-paragraph (c) of paragraph (1) shall be omitted.
9
In regulation 11 —
a
for paragraph (1) there shall be substituted —
1
A building society may not treat an investment, or any payment of a dividend or interest in respect of it, as being within the provisions of sub-paragraphs (a) to (c) of paragraph (1) of regulation 4 unless it has received from the appropriate person a declaration in writing which can reasonably be taken to indicate that, at the time of the payment, those provisions apply.
;
b
in paragraph (2) for the words “that individual or, where sub-paragraph (c) applies, by his personal representatives” there shall be substituted the words “the appropriate person”;
c
for sub-paragraph (a) of paragraph (2) and the word “or” immediately following it there shall be substituted —
a
where sub-paragraph (a) or (b) applies, at the time the declaration is made the individual is not ordinarily resident in the United Kingdom and that the appropriate person will inform the building society if the individual becomes so ordinarily resident; or
;
d
after paragraph (2) there shall be inserted —
2A
A building society may not treat an investment, or any payment of a dividend or interest in respect of it, as being within the provisions of sub-paragraphs (d) to (f) or (k) of paragraph (1) of regulation 4 unless it has received from the investor a declaration in writing which can reasonably be taken to indicate that, at the time of the payment, those provisions apply.
;
e
in paragraph (4) for “paragraphs (1) or (2)” there shall be substituted “paragraphs (1), (2) or (2A)”.
10
1
Regulation 12 shall be renumbered as paragraph (1) of that regulation.
2
In paragraph (1) of regulation 12 after “section 17” there shall be inserted “(1) to (4)”.
3
After paragraph (1) of regulation 12 there shall be added —
2
A building society shall, if so required by notice from an inspector, include in a return under the provisions referred to in paragraph (1) the further information specified in paragraph (3).
3
The further information specified in this paragraph is —
a
as regards a gross payment within regulation 4(1) (n) —
i
the name and address of the person or, if more than one, each person beneficially entitled to the payment by or on behalf of whom a certificate under regulation 5 has been given (in paragraphs (ii) and (iii) referred to as “the beneficiary”) if other than the person or persons to whom the payment was made;
ii
the date of birth of the beneficiary;
iii
the national insurance number of the beneficiary if furnished to the building society pursuant to regulation 5 of, and the Schedule to, these Regulations;
iv
notification of the fact that the account in respect of which the payment was made is or was one in connection with which a certificate or certificates under regulation 5 had been given which had not ceased to be valid at the 5th April in the year in which the payment was made or at the date of closure of the account, if earlier in that year;
v
the reference number of the account referred to in paragraph (iv) and, where necessary for identifying the account, the branch of the building society where the account is held;
vi
where the payment was made to two or more investors each of whom was beneficially entitled to the payment, notification of that fact and, if known, the number of such persons;
vii
if furnished to the building society in connection with the account, the dates of birth and national insurance numbers of persons referred to in paragraph (vi) other than the beneficiary referred to in paragraphs (ii) and (iii);
viii
where a certificate referred to in regulation 5 was given by or on behalf of one or more, but not all, of the persons referred to in paragraph (vi) and had not ceased to be valid at the 5th April in the year in which the payment was made or at the date of closure of the account, if earlier in that year, notification of those facts;
ix
where the payment was the first payment made in respect of an account, notification of that fact;
x
where the payment was in a currency other than sterling and the amount of the payment is recorded in that currency in a return under the provisions referred to in paragraph (1) of this regulation, notification of the fact that the amount is so recorded and specification of the currency concerned;
b
as regards any other gross payment within regulation 4 or any payment to which regulation 3 applies —
i
the reference number of the account in respect of which the payment was made and, where necessary for identifying the account, the branch of the building society where the account is held;
ii
where the payment was made to two or more investors each of whom was beneficially entitled to the payment, notification of that fact and, if known, the number of such persons;
iii
if furnished to the building society in connection with the account, the date of birth and national insurance number of the person or, where paragraph (ii) applies, each person to whom the payment was made;
iv
where the payment made in the course of the year was the first payment in respect of an account, notification of that fact;
v
where the payment was in a currency other than sterling and the amount of the payment is recorded in that currency in a return under the provisions referred to in paragraph (1) of this regulation, notification of the fact that the amount is so recorded and specification of the currency concerned.
.
11
In regulation 14(3) after the word “being” there shall be inserted the words “books, documents or”.
12
In regulation 15(1) after the words “all such” there shall be inserted the words “copies of”.
A. M. W. Battishill
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
8th January 1992


text:
1
These Regulations may be cited as the Valuation and Community Charge Tribunals (Amendment) (Allowances) Regulations 1992 and shall come into force on 20th July 1992 (“the operative date”).
2
Each provision of Schedule 2 to the Valuation and Community Charge Tribunals Regulations 1989 mentioned in the Table below shall be amended in relation to approved duties (within the meaning of that Schedule) performed on or after the operative date by substituting, for the amount mentioned in the second column of the Table (“the original amount”), the amount mentioned in the third column in relation to that provision, wherever in that provision the original amount is mentioned.
Provision Original amount Substituted amount
Paragraph 1, Table A £19.25 £20.70 £38.50 £41.40 Paragraph 2, Table B £7.70 £8.60 Paragraph 4(a) £71.75 £75.70 Paragraph 4(b) £62.90 £66.35 Paragraph 5 31.1p 34.7p
Michael Howard
Secretary of State for the Environment
25th June 1992
David Hunt
Secretary of State for Wales
26th June 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Transport and Works Act 1992 (Commencement No. 4) Order 1992.
2
In this Order, “ the Act ” means the Transport and Works Act 1992.
Provisions coming into force for limited purposes
2
There shall come into force on 22nd December 1992 so much of section 47(1) of and Schedule 2 to the Act (stopping up and diversion of rail crossings) as is necessary for the purpose of conferring on the Secretary of State the power to make regulations as to the making, submission, confirmation or validity of, or otherwise in relation to, rail crossing extinguishment orders or rail crossing diversion orders.
Other provisions coming into force
3
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 31st January 1993.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
1st December 1992
Signed by authority of the Secretary of State for the Environment
David Maclean
Minister of State,
Department of the Environment
1st December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1992 and shall come into force on 14th March 1992.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
William Waldegrave
Secretary of State for Health
21st February 1992
We consent,
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of her Majesty’s Treasury
21st February 1992


text:
Citation
1
This Order may be cited as the Registered Homes (Amendment) Act 1991 (Commencement) Order 1992.
Day appointed
2
1st April 1993 is the day appointed for the coming into force of the Registered Homes (Amendment) Act 1991.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
15th September 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Industrial Training (Road Transport Board) (Revocation) Order 1992.
2
The provisions of this Order (except articles 3 and 4) shall come into force on1st September 1992.
3
Articles 3 and 4 of this Order shall come into force on 30th September 1992.
4
In this Order —
a
“ the Act ” means the Industrial Training Act 1982;
b
“ the Board ” means the Road Transport Industry Training Board established by the Industrial Training (Road Transport Board) Order 1966 ;
c
“the net assets” means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up; and
d
“the revocation date” means the date on which article 3 below comes into force.
Winding up of the Board
2
1
The Board shall be wound up in accordance with the provisions of this article.
2
On the coming into force of this article the Board shall cease to exercise its functions except in so far as continued exercise of those functions may be necessary or expedient for the purpose of winding up.
3
Between the coming into force of this article and the revocation date the Board shall so far as practicable discharge its liabilities.
4
On or after the revocation date the net assets of the Board which are transferred to the Secretary of State under article 4(1) below shall be applied for charitable purposes related to or connected with training for employment.
5
The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the Act and that report shall include a statement of accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.
Revocation
3
The Industrial Training (Road Transport Board) Order 1966 and the Industrial Training (Road Transport Board) Order 1982 are hereby revoked.
Incidental and transitional provisions
4
1
All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligation to which the Board was then subject, not having been discharged under article 2(3) above, are hereby transferred to and shall vest in the Secretary of State.
2
Any proceedings which, but for the revocations in article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Secretary of State.
3
Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time, which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they or any one or more of them are applicable —
a
if the Board is a party thereto the Secretary of State shall be substituted as that party;
b
for a reference therein (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Secretary of State;
c
for a reference therein (however worded and whether express or implied) to the members or any member or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officer or officers as the Secretary of State shall appoint for the relevant purpose; and
d
for a reference therein to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Secretary of State.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
30th July 1992


text:
1
This Order may be cited as the Education (Further Education Corporations) (No. 3) Order 1992 and shall come into force on 29th December 1992 (“the Commencement Date”).
2
On the Commencement Date there shall be established for the purpose of conducting from the operative date each of the educational institutions specified in Parts I and II of the Schedule to this Order a body corporate called by the same name as the institution it is to conduct.
3
On 1st March 1993 there shall be established a body corporate called “The Ridge College, Stockport” for the purpose of conducting from the operative date the existing educational institution of that name.
4
The “operative date”, in relation to the further education corporations established by this Order and the institutions which they are to conduct, shall be —
a
in the case of the educational institutions specified in Parts I and II of the Schedule to this Order, 1st April 1993; or
b
in the case of The Ridge College, Stockport, 1st September 1993.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Foresterhill Hospitals National Health Service Trust (Establishment) Amendment Order 1992 and shall come into force on 25th March 1992.
2
In this Order “the principal Order ” means the Foresterhill Hospitals National Health Service Trust (Establishment) Order 1991 .
Amendment of definition of “the trust”
2
In article 1 of the principal Order in the definition of “the trust” for the words “the Foresterhill Hospitals National Health Service Trust” there are substituted the words “The Aberdeen Royal Hospitals National Health Service Trust”.
Amendment of Article 2 of the principal Order
3
In article 2 of the principal Order for the words “the Foresterhill Hospitals National Health Service Trust” there are substituted the words “The Aberdeen Royal Hospitals National Health Service Trust”.
Amendment of Article 4 of the principal Order
4
For article 4 of the principal Order there shall be substituted the following article: —
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Aberdeen, and 5 executive directors.
.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
12th March 1992


text:
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beyond 31st August 1992, that day being the day on which they would otherwise expire.
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1992.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Public Information for Radiation Emergencies Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“contamination” means the contamination by any radioactive substance of any surface (including any surface of the body or clothing) or any part of absorbent objects or materials or the contamination of liquids or gases by any radioactive substance;
“the Directive” means Council Directive No. 89/618/Euratom on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency;
“the Executive” means the Health and Safety Executive;
“external radiation” means, in relation to a person, ionising radiation coming from outside the body of that person;
“first tier local authority” means —
in relation to England and Wales, a county council, the London Fire and Civil Defence Authority, a metropolitan county fire and civil defence authority or the Council of the Isles of Scilly, and
in relation to Scotland, a regional or islands council;
“internal radiation” means, in relation to a person, ionising radiation coming from inside the body of that person;
“ionising radiation” means gamma rays, X-rays or corpuscular radiations which are capable of producing ions either directly or indirectly;
“member of the public” means any person not being —
a person for the time being present upon premises where a radiation emergency is reasonably foreseeable or where a radiation emergency has actually occurred; or
a person engaged in an activity of or associated with the response to the radiation emergency;
“radiation emergency” means any occurrence which is likely to result in any member of the public being exposed to ionising radiation arising from that occurrence in excess of any of the doses set out in Schedule 1 to these Regulations and for this purpose any health protection measure to be taken during the 24 hours immediately following the occurrence shall be disregarded;
“second tier local authority” means —
in relation to England and Wales, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly, and
in relation to Scotland, an islands or district council.
Employer or self-employed person to supply prior information
3
1
It shall be the duty of an employer or a self-employed person who conducts an undertaking from which a radiation emergency is reasonably foreseeable —
a
to ensure that members of the public who are likely to be in an area in which, in the opinion of the Executive (having regard to any existing plans prepared by virtue of regulation 27 of the Ionising Radiations Regulations 1985 ), they are liable to be affected by a radiation emergency arising from the undertaking of that employer or self-employed person, are supplied, in an appropriate manner, without their having to request it, with at least the information specified in Schedule 2 to these Regulations; and
b
to make that information publicly available.
2
In preparing the information required to be supplied in accordance with paragraph (1) above, the employer or self-employed person shall consult each first tier local authority and second tier local authority in the area referred to in that paragraph, any authority likely to fall within paragraph 5 of Schedule 2 to these Regulations and such other persons who seem to him to be appropriate, but the employer or self-employed person shall remain responsible for the accuracy, completeness and form of the information so supplied.
3
Without prejudice to his duty under paragraph (1) above, the employer or selfemployed person shall endeavour to enter into an agreement with each second tier local authority in the area referred to in that paragraph for that authority to disseminate the information required to be supplied in accordance with that paragraph to the members of the public mentioned in it.
4
The employer or self-employed person shall ensure that the information supplied in accordance with paragraph (1) above is updated at regular intervals but, in any case, not less than once in three years and whenever significant changes to the emergency measures, action and authorities referred to in paragraphs 3, 4 and 5 of Schedule 2 to these Regulations take place; when information is updated under this paragraph, it shall be supplied again in accordance with paragraph (1) above and made publicly available.
5
Where on the coming into force of these Regulations an employer or selfemployed person is conducting an existing undertaking from which a radiation emergency is reasonably foreseeable, it shall be sufficient compliance with paragraph (1) above if that employer or self-employed person supplies the required information and makes it publicly available within six months of the coming into force of these Regulations.
Arrangements for the supply of information to members of the public actually affected
4
1
It shall be the duty of a first tier local authority to prepare and keep up to date arrangements to supply, in the event of a radiation emergency, information of and advice on the facts of the emergency, of the steps to be taken and, as appropriate, of the health protection measures applicable.
2
The arrangements prepared and kept up to date under paragraph (1) above shall provide for the information to be supplied at regular intervals in an appropriate manner, without delay, and without their having to request it, to members of the public who are in that local authority’s area and who are actually affected by the radiation emergency.
3
In preparing those arrangements, and keeping them up to date, the first tier local authority shall consult any authority likely to be responsible for implementing the relevant measures referred to in Schedule 3 to these Regulations and such other persons as appear to it to be appropriate.
4
The information and advice to be supplied in accordance with arrangements prepared and kept up to date under paragraph (1) above shall, if relevant to the type of radiation emergency, include that specified in Schedule 3 to these Regulations and shall in any event, mention the authority or authorities responsible for implementing the relevant measures referred to in that Schedule.
5
For the purposes of paragraph (2) above, the members of the public referred to in that paragraph as actually affected are those whose co-operation is sought to put into effect any steps or health protection measures referred to in paragraph (1) above.
6
It shall be sufficient compliance with paragraph (1) above if a first tier local authority prepares the required arrangements within six months of the coming into force of these Regulations.
Modifications relating to the Ministry of Defence etc.
5
The requirements of regulation 3 shall not have effect to the extent that in any particular case they would, in the opinion of the Secretary of State for Defence, be against the interests of national security.
Enforcement and offences
6
In so far as any provision of regulations 3 and 4 of these Regulations is made under section 2(2) of the European Communities Act 1972, the enforcement and offences provisions of the 1974 Act shall apply to that provision as if that provision had been made under section 15 of the 1974 Act.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
26th November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 1992 and shall come into force on 1st July 1992.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 are further amended in accordance with the following provisions.
Amendments as to exhaust emissions
3
1
In regulation 4 —
a
in paragraph (3), for “If a vehicle or vehicle part” there is substituted “Save as provided in paragraph (3A) of this regulation, if a vehicle or vehicle part”;
b
after paragraph (3), there is inserted the following new paragraph —
3A
The provisions of paragraph (3) of this regulation do not apply in respect of items 2B, 2C, 2D and 2E in Schedule 1
;
c
in paragraph (14), for “item 2B and column (5) of items 2C and 2D” there is substituted “items 2B, 2C and 2D, and column (6) of items 2E, 7 and 8”.
2
In Schedule 1 —
a
in item 2B, in column (3)(a), in the third of the alternative sets of particulars of instruments or other documents, for “and amended on 1st June 1984” there is substituted “and amended on 1st June 1984 and corrected on 16th May 1989”;
b
for item 2C, there is substituted item 2C as specified in Schedule 1 to these Regulations;
c
for item 2D, there is substituted item 2D as specified in Schedule 1 to these Regulations;
d
after item 2D, there is inserted new items 2E, 2F, 2G and 2H as specified in Schedule 1 to these Regulations;
e
in item 7, in column (6), there is inserted “See regulation 4(14) and Schedule 1B”; and
f
in item 8, in column (6), there is inserted “See regulation 4(14) and Schedule 1B”.
3
In Part 1 of Schedule 1B —
a
in paragraph 1, for the words “Items 2B, 2C and 2D” there is substituted “Items 2B, 2C, 2D, 2E, 7 and 8”;
b
in paragraph 3(1)(a), for the words “sub-paragraph (2)” there is substituted “sub-paragraphs (2) or (3)”; and
c
after paragraph 3(2) there are inserted the following sub-paragraphs —
3
This sub-paragraph applies in relation to item 2D where a vehicle is fitted with an engine which is described in the Annex to the type-approval certificate granted before the 1st July 1992 in accordance with Council Directive 88/77/ EEC .
4
Expressions used in paragraph (3), which are also used in article 3 of Council Directive 91/542/EEC , have the same meaning as in that article.
4
For Part II of Schedule 1B there is substituted the new Part II as specified in Schedule 2 to these Regulations.
Amendments as to speed limiters
4
In Schedule 1, in column (4) of item 9, for the words “of less than” there is substituted “not exceeding” and in column (5), opposite the second entry in column (3) there is inserted “1.2.1992”.
Signed by authority of The Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
4th June 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax (Contents of Valuation Lists) Regulations 1992 and shall come into force on 1992.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992; and
“list” means a valuation list compiled under section 22 of the Act.
Information in valuation lists
2
For each day on which a dwelling is shown in the list, it shall contain (in addition to the matters required to be shown by section 23(1) and (2) of the Act) —
a
the reference number ascribed to the dwelling by the listing officer;
b
if it be the case, an indication that the dwelling is a hereditament to which section 3(3) of the Act applies (composite hereditaments);
c
where the list is altered as regards the dwelling, an indication —
i
of the period for which or, as the case may be, the day from which the alteration has effect; and
ii
if it be the case, that the alteration was made pursuant to the order of a valuation tribunal or the High Court.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Sercretary of State for Wales
9th March 1992


text:
1
This Order may be cited as the Opencast Coal (Rate of Interest on Compensation) Order 1992 and shall come into force on 11th February 1992.
2
1
The rate of interest for the purposes of section 35 of the Opencast Coal Act 1958 shall be 4 per cent. per annum less than the median base rate.
2
For the purposes of paragraph (1)–
a
the median base rate is the base rate quoted from time to time by the reference banks; or, if different base rates are quoted, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;
b
the reference banks are the seven largest institutions–
i
authorised by the Bank of England under the Banking Act 1987 , and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling; and
c
the size of an institution is to be determined by reference to itstotal consolidated gross assets in sterling, as shown in its audited end-year accounts last published.
3
In paragraph (2) (c), the reference to the consolidated gross assets of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) .
3
The Opencast Coal (Rate of Interest on Compensation) ( No. 2) Order 1990 is hereby revoked.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
13th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Berkshire Priority Care Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Berkshire Priority Care Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West Berkshire Priority Care Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Fair Mile Hospital, Wallingford, Oxfordshire OX10 9HH and associated hospitals;
b
to manage community health services provided from Prospect Park Hospital, Honey End Lane, Reading, Berkshire RG3 4EH 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 of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Berkshire 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 West Berkshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Berkshire 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 the authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1992.
2
This Order shall come into force on 1st January 1993.
The revaluation percentage for each revaluation period
2
For the purposes of section 52A of the Social Security Pensions Act 1975, the revaluation percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation Period Revaluation Percentage
1st January 1986 — 31st December 1992 40.7% 1st January 1987 — 31st December 1992 34.0% 1st January 1988 — 31st December 1992 27.6% 1st January 1989 — 31st December 1992 21.6% 1st January 1990 — 31st December 1992 15.8% 1st January 1991 — 31st December 1992 7.8% 1st January 1992 — 31st December 1992 3.6%
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
30th November 1992


text:
1
This Order may be cited as the Severn Bridges (Description of Vehicles) Order 1992 and shall come into force on 23rd May 1992.
2
In section 8(2) of the Act–
a
for the definition of “motor car” there is substituted–
“motor car” means a mechanically propelled vehicle, not being a motor cycle, constructed or adapted primarily for the carriage of passengers and so constructed or adapted as to carry not more than eight passengers,
;
b
after the definition of “motor caravan” there is inserted–
“motor cycle” means a mechanically propelled vehicle having less than four wheels and, in a case where a cabin is provided, the cabin is not so constructed as to enclose the driver and any passenger,
.
3
In section 8(3) of the Act at the end of paragraph (a) “and” is omitted and at the end of paragraph (b) there is inserted–
and
c
a reference to the number of passengers in relation to a vehicle does not include a reference to the driver of the vehicle
.
Signed by authority of the Secretary of State for Transport.
Kenneth Carlisle
Parliamentary Under Secretary
Department of Transport
21st May 1992