text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincoln District Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
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 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lincoln District 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 Lincoln District 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 The County Hospital, Greetwell Road, Lincoln LN2 5QY and associated hospitals;
b
to manage community health services provided from Gervas House, Long Leys Road, Lincoln LN1 1EJ 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 1994.
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 North Lincolnshire 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 North Lincolnshire 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 North Lincolnshire 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
22nd October 1993


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No.7) Regulations 1993 and shall come into force on 1st January 1994.
2
The Value Added Tax (General) Regulations 1985 shall be amended as follows.
3
In regulation 40 –
a
sub-paragraphs (a), (b), (c) and (e) of paragraph (1) and paragraph (4) shall be omitted;
b
for paragraph (2) there shall be substituted the following–
2
The following Articles shall be excepted from the Community legislation which is to apply as mentioned in section 24(1) of the Act–
a
in Council Regulation ( EEC ) No. 2913/92 establishing the Community Customs Code–
i
Articles 126 to 128 (drawback system of inward processing
ii
Articles 130 to 136 (processing for free circulation),
iii
Article 137 so far as it relates to partial relief on temporary importation, and Article 142,
iv
Articles 145 to 160 (outward processing),
v
Articles 185 to 187 (returned goods),
vi
Article 229(b) (interest payable on a customs debt);
b
in Commission Regulation (EEC) No. 2454/93 which contains provisions implementing the Community Customs Code–
i
Articles 624 to 647 (drawback system of inward processing
ii
Articles 650 to 669 (processing for free circulation),
iii
Article 690 (partial relief on temporary importation),
iv
Articles 748 to 787 (outward processing),
v
Articles 844 to 856 and 882 (returned goods).
.
4
In regulation 57F –
a
for “Council Regulation (EEC) No. 4151/88 ” in paragraph (1) there shall be substituted “Council Regulation (EEC) No. 2913/92 , Commission Regulation (EEC) No. 2454/93 ” ;
b
for the words after “contained in” in paragraph (2) there shall be substituted “Council Regulation (EEC) No. 2913/92 and Commission Regulation (EEC) No. 2454/93 shall be completed”.
5
In regulation 57G , for the words after “the internal Community transit procedure” there shall be substituted “described in Council Regulation (EEC) No. 2913/92 ) and Commission Regulation (EEC) No. 2454/93 shall apply”.
6
In regulation 57J , for the words after “the provisions” there shall be substituted “relating to the export of goods to a place outside the customs territory of the Community contained in Council Regulation (EEC) No. 2913/92 and Commission Regulation (EEC) No. 2454/93 shall apply for the purpose of ensuring the correct application of the zero-rate of tax to such goods”.
7
For regulation 65 there shall be substituted the following–
65
1
If upon written demand a person neglects or refuses to pay tax which he is required to pay under the Act or any order or any regulation made thereunder or to pay any amount recoverable as if it were tax, a Collector or an officer of rank not below that of Higher Executive Officer may distrain on the goods and chattels of that person and by warrant signed by him direct any authorised person to levy such distress, provided that where an amount of tax is due under paragraph 4(9) of Schedule 7 to the Act (other than an amount assessed as due under paragraph 4(1) of the said Schedule upon failure by a person to make a return) no distress shall be levied until thirty days after that amount became due.
2
A levy shall be executed by or under the direction of, and in the presence of, the authorised person.
3
A person in respect of whose goods and chattels a warrant has been signed shall be liable for all costs and charges in connection with anything done under this regulation.
4
If the person aforesaid does not pay the sum due together with the costs and charges within five days of a levy, the distress shall be sold by the authorised person for payment of the sums due and all costs and charges; and costs and charges of taking, keeping and selling the distress shall be retained by the authorised person and any surplus remaining after the deduction of the costs and charges and of the sum due shall be restored to the owner of the goods distrained.
.
8
In regulation 66(a) and (b) , for the words “Senior Executive Officer” there shall be substituted the words “Higher Executive Officer”.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th December 1993


text:
Citation and commencement
1
1
This Order may be cited as the Greenwich and Lewisham (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 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 1994.
Interpretation
2
1
In this Order —
“Greenwich” means the London borough of Greenwich;
“Lewisham” means the London borough of Lewisham;
“the map” means one of the 9 maps prepared by the Department of the Environment, marked “Maps of the Greenwich and Lewisham (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers between Greenwich and Lewisham
3
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 Greenwich, and from the ward named in column 3 to Lewisham, and to the ward named in column 4.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Greenwich, and from the following ward — To Lewisham, and to the following ward —
D 6 Blackheath Blackheath B 9 Middle Park St. Mildred
A
B
5
6
St. Alfege Blackheath A and C 8 Sutcliffe St. Mildred A 1 West Evelyn C 6 Vanbrugh Blackheath
A
A, B, C & E
A, C & E
2
3
4
West Grinling Gibbons F 4 West Ladywell
2
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Lewisham, and from the ward named in column 3 to Greenwich, and to the ward named in column 4.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Lewisham and from the following ward — To Greenwich, and to the following ward —
A
B
D
B and D
6
2
3
4
Blackheath
Grinling Gibbons
St. Alfege
West
A and B 7 St. Margaret Sutcliffe A 9 St. Mildred Middle Park
C
B and D
7
8
St. Mildred Sutcliffe
Town and country planning
4
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
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
12th May 1993


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 and shall come into force on 1st July 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“Commission Regulation 3567/92” means Commission Regulation ( EEC ) No 3567/92 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Articles 5a to 5c of Council Regulation 3013/89 , as amended by Commission Regulation (EEC) No 1199/93 ;
“Commission Regulation 3886/92” means Commission Regulation (EEC) No 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation 805/68 , as amended by Commission Regulation (EEC) No 538/93 ;
“the Community legislation” means Articles 5a and 5b of Council Regulation 3013/89, Commission Regulation 3567/92, Articles 4d to 4h of Council Regulation 805/68, and Articles 22 to 40 and, so far as they relate to suckler cow premium, 41 to 45 of Commission Regulation 3886/92;
“Council Regulation 805/68” means Council Regulation (EEC) No 805/68 on the common organisation of the market in beef and veal , as amended, so far as is relevant to these Regulations, by Council Regulation (EEC) No 2066/92 and Council Regulation (EEC) No 125/93 .
“Council Regulation 3013/89” means Council Regulation (EEC) No 3013/89 on the common organisation of the market in sheepmeat and goatmeat , as amended, so faras is relevant to these Regulations, by Council Regulation (EEC) No 2069/92 ;
“holding” has the same meaning as in —
Article 1(3) of Council Regulation (EEC) No 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers in so far as these Regulations relate to sheep annual premium quota, and
Article 4a of Council Regulation 805/68 in so far as these Regulations relate to suckler cow premium quota;
“lease” means —
a temporary lease under Article 5a(4)(d) of Council Regulation 3013/89 in so far as these Regulations relate to sheep annual premium quota, and
a temporary transfer under Article 4e(3) of Council Regulation 805/68 in so far as these Regulations relate to suckler cow premium quota,
and “lessor” shall be construed accordingly;
“the Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food,
in relation to Wales or Scotland, the Secretary of State, and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“national reserve” means —
the national reserve of quota established under Article 5b of Council Regulation 3013/89 in so far as these Regulations relate to sheep annual premium quota, and
the national reserve of quota established under Article 4f of Council Regulation 805/68 in so far as these Regulations relate to suckler cow premium quota;
“producer” has the same meaning as in —
Article 1(1) of Council Regulation (EEC) No 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers in so far as these Regulations relate to sheep annual premium quota, and
Article 4a of Council Regulation 805/68 in so far as these Regulations relate to suckler cow premium quota;
“quota” means the right to sheep annual premium up to the individual limit established under Article 5a of Council Regulation 3013/89 and the right to suckler cow premium up to the individual ceiling established under Article 4d of Council Regulation 805/68;
“quota register” means the register prepared and maintained under regulation 14;
“sensitive zones” means the sensitive zones specified in the Schedule to these Regulations, and a reference to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;
“sheep annual premium” means the premium granted under Article 5 of Council Regulation 3013/89;
“suckler cow premium” means the premium granted under Article 4d of Council Regulation 805/68;
“transfer”, in relation to quota, means —
a transfer of quota under Article 5a(4)(b) of Council Regulation 3013/89 in so far as these Regulations relate to sheep annual premium quota, and
a transfer of quota under Article 4e(1) of Council Regulation 805/68 in so far as these Regulations relate to suckler cow premium quota,
but does not include a lease, and “transferor” and “transferee” shall be construed accordingly.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Location of holdings
3
1
Where a producer’s holding is not situated entirely in a single sensitive zone, then —
a
if the greater part of the agricultural area utilised for farming on the holding is in sensitive zones 1, 2, 3, 4 and 6, his holding shall be treated for the purposes of these Regulations as being situated in whichever of those sensitive zones contains the greatest area of that part; and
b
if the greater part of the agricultural area utilised for farming on the holding is in sensitive zones 5 and 7, his holding shall be treated for the purposes of these Regulations as situated in whichever of those sensitive zones contains the greater area of that part.
2
Where a producer’s holding is situated in sensitive zone 5, or is to be treated by virtue of paragraph (1) of this regulation as so situated, and the parts of the holding in sensitive zone 5 are not situated entirely within England, Wales or Scotland, the holding shall be treated for the purposes of these Regulations as being situated in whichever of those countries contains the greatest part of the agricultural area utilised for farming on the holding that is within sensitive zone 5.
3
In this Regulation “agricultural area utilised for farming” has the same meaning as in Article 5(b) of Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings between 1988 and 1997 .
Reference years
4
1
The marketing year used under Article 5a(5)(a) of Council Regulation 3013/89 in establishing a coefficient for the purpose of determining quotas for sheep annual premium under Article 5a(1) of that Regulation shall be the 1990 marketing year.
2
The reference year used for determining quotas for suckler cow premium under Article 4d(2) of Council Regulation 805/68 shall be 1992.
Transfer or lease of quota: notification
5
1
The notification of a transfer or lease of quota specified in Article 7(2) of Commission Regulation 3567/92 and Article 34(2) of Commission Regulation 3886/92 shall be made to the Minister with responsibility for the part of the United Kingdom in which the transferor’s holding is situated in such form as the Minister may from time to time determine.
2
For a transfer or lease of quota for sheep annual premium the deadline for notification under Article 7(2) of Commission Regulation 3567/92 shall be the latest date that leaves 2 clear months before the first day of the first period for submitting applications for premium in respect of the next marketing year.
3
For a transfer or lease of quota for suckler cow premium the deadline for notification shall be the latest date that leaves 2 clear months before the first day of the next period for submitting applications for premium.
4
Notification of a transfer or lease of quota may be made at any time from the first day of a period for submitting applications for premium until the deadline for notification.
5
In 1993 the Minister may determine additional deadlines for notification for transfers to be effective for the 1993 marketing year in the case of sheep annual premium or for 1993 in the case of suckler cow premium.
6
Any additional deadlines for notification determined under paragraph (5) of this regulation shall be published by such means as the Minister considers likely to come to the attention of producers.
Transfer or lease of quota: other provisions
6
1
Where a producer transfers quota without transferring his holding, the part of the quota surrendered to the national reserve under Article 5a(4)(b) of Council Regulation 3013/89 or Article 4e(1) of Council Regulation 805/68 shall be 15%.
2
A producer with a suckler cow premium quota for less than 10 animals shall not —
a
transfer suckler cow premium quota for less than 1 animal without transferring his holding; or
b
lease suckler cow premium quota for less than 1 animal to another producer,
unless he transfers or leases the whole of his quota.
Transfer of quota with holding
7
1
Where a producer transfers quota to a person taking over his holding, the notification of transfer shall, subject to paragraph (3) of this regulation, be made no later than the next deadline for notification and shall be accompanied by evidence satisfactory to the Minister of the taking over of the holding.
2
The evidence shall demonstrate either that the transferee of the quota has already taken over the holding or that he is under an obligation to take it over before the first day of the period for submitting applications for premium next following the deadline for notification.
3
Where a producer transfers quota during the last 4 weeks before a notification deadline to a person taking over his holding, the notification of transfer shall be made no later than the second deadline for notification following the transfer.
4
If the requirements of this regulation are not met in respect of a transfer of quota, or if the Minister is not satisfied that a transferee of quota has taken over or is under an obligation to take over the transferor’s holding, the Minister shall treat the transfer of quota as having been made without a transfer of a holding.
Sensitive zones
8
1
Quota that is allocated to a producer under Article 2(1) of Commission Regulation 3567/92 for sheep annual premium quota or Article 27(1) of Commission Regulation 3886/92 for suckler cow premium quota and quota that is allocated to a producer from the national reserve shall be regarded as belonging to the sensitive zone in which the producer’s holding is situated.
2
A producer shall not transfer or lease quota to a producer whose holding is not situated in the sensitive zone to which the quota belongs, except in accordance with regulation 9.
3
A producer shall not use quota that does not belong to the sensitive zone in which his holding is situated.
4
Where a producer has, on or before the date on which these Regulations come into force, incurred an obligation whose fulfilment has the effect that his holding is situated in a different sensitive zone from that in which it is situated on the date on which these Regulations come into force, his quota shall be treated for the purposes of this regulation as if the obligation had been fulfilled before that date.
Transfers and leases between sensitive zones
9
1
A producer whose holding is situated in one of sensitive zones 1 to 4 may transfer or lease quota to a producer whose holding is situated in sensitive zone 5, and a producer whose holding is situated in sensitive zone 6 may transfer or lease quota to a producer whose holding is situated in sensitive zone 7, if —
a
the transferor or lessor is participating in a qualifying environmental scheme that involves extensification of livestock production;
b
he cannot fully use his quota without exceeding the maximum stocking level permitted under that scheme; and
c
the amount of quota transferred or leased does not exceed the amount by which his quota exceeds the maximum stocking level permitted under the scheme.
2
Quota that is transferred to a producer by virtue of paragraph (1) of this regulation shall thereafter be regarded as belonging to the sensitive zone in which the transferee’s holding is situated.
3
In paragraph (1) of this regulation “qualifying environmental scheme”means —
a
an aid scheme introduced under Articles 21 to 24 of Council Regulation (EEC) No 2328/91 on improving the efficiency of agricultural structures ;
b
the aid scheme introduced by Council Regulation (EEC) No 2078/92 on agriculture production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ; or
c
an experimental scheme made under section 4(1) of the Countryside Act 1968 .
Leases in connection with environmental programmes
10
A producer participating in a programme recognised by the Commission for the purpose of Article 7(4) of Commission Regulation 3567/92 or Article 34(3) of Commission Regulation 3886/92 shall not be subject to the time restrictions on leasing imposed by those provisions in respect of any quota that he leases to another producer if he could not use that quota without exceeding the maximum stocking level permitted under the programme.
Initial national reserves
11
1
The initial national reserve of sheep annual premium quota established under Article 5b(1) of Council Regulation 3013/89 shall be equal to at least 1% of the sum of quotas allocated to producers and shall be stocked from the excess of quota over the number of animals for which premium was paid for the 1991 marketing year that results from the application of the coefficient established under Article 5a(5) of Council Regulation 3013/89.
2
The initial national reserve of suckler cow premium quota established under Article 4f(1) of Council Regulation 805/68 shall be equal to at least 1% of the total number of animals for which premium was granted for 1992 and shall be created by reducing producers' quotas under Article 4d(2) of that Regulation by such a proportion as the Minister may determine.
Division of national reserves
12
Each national reserve shall be divided into 7 divisions, consisting of a division for each sensitive zone.
Distribution of quota among divisions
13
1
The quota that forms the initial national reserve for sheep annual premium by virtue of regulation 11(1) shall be distributed among the divisions of the national reserve in proportion to the total number of animals for which premium was claimed for the 1992 marketing year by producers whose holdings are in the sensitive zones to which the divisions relate.
2
The quota that forms the initial national reserve for suckler cow premium by virtue of Article 4d(2) of Council Regulation 805/68 (as read with regulation 11(2)) shall be distributed among the divisions of the national reserve by reference to the sensitive zones in which the holdings of the producers from the reduction of whose quotas the quota is derived are situated.
3
The additional reserves created under Article 5b(3) of Council Regulation 3013/89 and Article 4f(3) of Council Regulation 805/68 shall be established separately for each of sensitive zones 1, 2, 3, 4 and 6, and they shall be added to the divisions of the national reserve relating to those sensitive zones.
4
The quota that is added to the national reserve for suckler cow premium under Article 4d(6) of Council Regulation 805/68 shall be distributed among the divisions of the national reserve in proportion to the size of those divisions when the additional reserve created under Article 4f(3) of that Regulation (as read with paragraph (3) of this regulation) is added to the initial national reserve established under Article 4f(1) of that Regulation by virtue of Article 4d(2) of that Regulation (as read with regulation 11(2) and paragraph (2) of this regulation).
5
Quota that is surrendered to the national reserve under Article 5a(4)(b) of Council Regulation 3013/89 or Article 4e(1) of Council Regulation 805/68 (as read with regulation 6(1)) on a transfer of quota shall be added to the division of the national reserve relating to the sensitive zone in which the transferor’s holding is situated immediately before the transfer.
Quota register
14
1
The Minister shall prepare and maintain a register containing an entry relating to each producer who has quota.
2
The entry for each producer shall include —
a
his name;
b
his address;
c
his holding number;
d
his producer identification number;
e
an indication of the sensitive zone in which his holding is situated;
f
a statement of the amount of his quota, broken down, for sheep annual premium quota, into quota for full premium and quota for reduced premium;
g
a statement of the amount of any of that quota that he has leased to other producers, together with the expiry dates of any such leases; and
h
the amount of any additional quota that he holds under leases from other producers, together with the expiry date of any such leases.
Copies of quota register entries
15
1
Any person who has entered into a financial arrangement with a producer in reliance on an expectation of the producer’s continuing right to receive sheep annual premium or suckler cow premium may make a request to the Minister in such form as the Minister may from time to time determine for a copy of the entry in the quota register relating to that producer.
2
The Minister shall inform the producer of the request.
3
After taking into account any representations made by the person making the request or by the producer the Minister shall decide whether to meet the request.
4
The Minister shall supply a copy of an entry in the quota register on request to the producer to whom the entry relates or any person who has the producer’s written consent.
5
The Minister may make a reasonable charge for supplying a copy of an entry in the quota register to anyone other than the producer to whom the entry relates.
Offences and penalties
16
1
Any person who fails without reasonable excuse to comply with a requirement imposed on him by regulation 5(1), 6(2) or 8(2) or (3) or by or under the Community legislation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
2
Any person who, in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular, or recklessly makes a statement or uses a document which is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th June 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
25th June 1993


text:
1
This Order may be cited as the Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Further Modification) (Amendment) Order 1993 and shall come into force on 5th December 1993.
2
The Transport Act 1985 (Modifications in Schedule 4 to the Transport Act 1968) (Further Modification) Order 1993 is hereby amended by the substitution in article 1 of “6th December 1993” for “9th December 1993”.
Signed by authority of the Secretary of State
Roger Freeman
Minister of State,
Department of Transport
26th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chesterfield and North Derbyshire Royal Hospital National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 12th August 1993.
2
In this Order —
“the Authority” means North Derbyshire Health Authority;
“the Trust” means the Chesterfield and North Derbyshire Royal Hospital 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 5th April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 12th August 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th July 1993


text:
1
This Order may be cited as the A13 Trunk Road (Newham, Barking and Dagenham, and Havering) (Speed Limits) Order 1988 (Variation) Order 1993 and shall come into force on 26th March 1993.
2
1
The A13 Trunk Road (Newham, Barking and Dagenham, and Havering) (Speed Limits) Order 1988 shall be varied as follows.
2
In Schedule 1 after paragraph 2 there shall be added —
3
The westbound carriageway of Canning Town Flyover
4
The south-eastern slip road
.
3
For paragraph 1 of Schedule 3 there shall be substituted —
1
That length of the trunk road in the London Boroughs of Newham and Barking and Dagenham, excluding the westbound carriageway of Canning Town Flyover and the south-eastern slip road, which extends from its junction with East India Dock Road to a point 28 metres west of the western side of Gascoigne Road including the eastbound carriageway of Canning Town Flyover, the north-eastern slip road, the A13 roundabout, the A13 eastbound exit slip road, the A13 eastbound access slip road, the A13 westbound exit slip road, the A13 westbound access slip road, Spur Road and the Gooseley Lane south bus bay.
Signed by authority of the Secretary of State for Transport
A Weeden
A Grade 6 Officer London Regional Office of the
Department of Transport
19th March 1993


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Education (Publication of Schemes for Financing Schools) Regulations 1993 and shall come into force on 1st January 1994.
2
In these Regulations —
“ the Act ” means the Education Reform Act 1988; and
“scheme” means a scheme made by a local education authority under section 33 of the Act (schemes for financing schools maintained by local education authorities).
3
The Education (Publication of Schemes for Financing Schools) Regulations 1989 are revoked.
Manner of publication of schemes
2
For the purposes of section 42(1) of the Act (prescribed manner of publication of schemes) a scheme shall be published by —
a
furnishing a copy to the governing body and a copy to the head teacher of —
i
each school to which the scheme relates;
ii
each grant-maintained school in the area of the local education authority concerned; and
iii
each grant-maintained special school which is established under section 183 of the Education Act 1993 in the authority’s area or which, before becoming a grant-maintained special school, was a special school maintained by the authority ; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at —
i
each school to which the scheme relates;
ii
each education office of the authority; and
iii
each public library in the area of the authority.
Occasions when schemes require publication
3
For the purposes of section 42(1)(b) of the Act (prescribed occasions on which publication of schemes is required) a scheme shall be published on the coming into force of any revision of it.
John Patten
Secretary of State for Education
26th November 1993
John Redwood
Secretary of State for Wales
1st December 1993


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1993 and shall come into force on 1st November 1993.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Supersession of earlier designations
3
1
The designation which provides that the Secretary of State and any Northern Ireland department shall be designated in relation to consumer protection shall supersede the designations in relation to specific areas of consumer protection in the following orders:
a
the European Communities (Designation) Order 1972 ,
b
the European Communities (Designation) Order 1986 ,
c
the European Communities (Designation) (No. 2) Order 1988 , and
d
the European Communities (Designation) (No. 2) Order 1991 .
2
The designation which provides that the Secretary of State and any Northern Ireland department shall be designated in relation to the equal pay for men and women and to equal treatment for men and women in matters of employment, self-employment and vocational training shall supersede the designation in relation to discrimination between men and women as regards terms and conditions of employment in the European Communities (Designation) (No. 3) Order 1982 .
3
The designation which provides that the Secretary of State and any Northern Ireland department shall be designated in relation to the regulation and control of the transit, import and export of waste (including recyclable materials) shall supersede the designation in relation to waste which is dangerous or which requires the taking of special precautions in the European Communities (Designation) (No. 3) Order 1985 .
4
The designation which provides that the Secretary of State shall be designated in relation to air transport shall supersede the designation in relation to the licensing of air carriers established in the Community, access by such carriers to intra-community air routes, and fares and rates for air services for carriage wholly within the Community, in the European Communities (Designation) (No. 2) Order 1992 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the National Curriculum Council and School Examinations and Assessment Council (Designation of Staff) Order 1993, and shall come into force on 1st October 1993.
Designation of staff to be transferred from existing bodies
2
1
Any employee of the National Curriculum Council who is named in Part I of the Schedule to this Order is designated as respects the School Curriculum and Assessment Authority.
2
Any employee of the School Examinations and Assessment Council who is named in Part II of the Schedule to this Order is designated as respects the School Curriculum and Assessment Authority.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) (Bosnia-Herzegovina) (ECSC) Order 1993 and shall come into force on 10th March 1993.
2
Unless the context otherwise requires, any expression used in this Order shall have the meaning it bears in the Export of Goods (Control) Order 1992 .
Exportation of goods to Bosnia-Herzegovina
2
All goods specified in Article 1 of Decision 92/470/ EC SC of the Representatives of the Governments of the Member States meeting within the Council other than those falling within Article 4 thereof are prohibited to be exported from the United Kingdom to any destination in Bosnia-Herzegovina.
Exceptions
3
Nothing in Article 2 of this Order shall prohibit —
i
the exportation of any goods under the authority of a licence granted by the Secretary of State, provided that all conditions attaching to the said licence are complied with, or
ii
any exportation which is in accordance with an export authorisation issued by the competent authority of a Member State in conformity with the provisions of Decision 92/470/ECSC .
Modifications and revocation of licences
4
Any licence granted by the Secretary of State in pursuance of Article 3 of this Order may be modified or revoked by him at any time.
M. V. Coolican
An Assistant Secretary,
Department of Trade and Industry
9th March 1993


text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 1993.
2
This Order shall come into force for the purposes of —
a
articles 1, 2, 20 and 22 on 1st April 1993;
b
article 9 on 6th April 1993;
c
article 10 on 4th April 1993;
d
articles 3, 4, 5, 6, 7, 8, 11, 12 and 13 on 12th April 1993;
e
articles 14, 15 and 21 on 13th April 1993;
f
articles 16, 17, and 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 1993, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
g
article 19(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 12th April 1993;
h
except in a case to which sub-paragraph (g) applies, article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 1993, and in relation to any other case on 1st April 1993.
3
The increases made by this Order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 6 of the Order.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1992 Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Pensions Act” means the Social Security Pensions Act 1975 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regula tions 1987 ; and
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
PART II
SOCIAL SECURITY BENEFITS
Increases in rates or amounts of certain benefits under the 1992 Act
3
1
In this article, “Schedule 4” means Schedule 4 to the 1992 Act.
2
The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 6 below; and Schedule 4 shall have effect as set out in Schedule 1 to this Order.
3
The sums mentioned in paragraph (2) above are the sums specified in Parts I, III , IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit, respectively), except in Part III the sum specified for age addition.
Increases in rates or amounts of certain pensions or allowances under the 1992 Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the 1992 Act (calculation of weekly rate of retirement allowance) shall be increased by 3.6 per cent. of their amount apart from this Order.
3
In section 44(4) of the 1992 Act (basic pension in a Category A retirement pension) —
a
for the sum of £51.95 there shall be substituted the sum of £53.80; and
b
for the sum of £54.15 there shall be substituted the sum of £56.10.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1992/93,
b
the increases in the rates of retirement pensions under Schedule 5 to the 1992 Act (increase of pension where entitlement is deferred), and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 or section 63 of the Social Security Act 1986 ,
shall in each case be increased by 3.6 per cent.of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pensions Act
5
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 35(6) of the Pensions Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occuptional pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 36(3)), shall be increased by —
a
3.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1987-88 and earlier tax years, and
b
0.6 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1988-89 and subsequent tax years .
Dates on which sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act are increased by this Order
6
1
Paragraphs (2) to (8) of this article, which are subject to the provisions of paragraph (9) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1992 Act or the Pensions Act shall take effect for each case.
2
In relation to the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with sections 25(5), 31(6) or 33(4) of the 1992 Act, the increases in the sums mentioned in articles 3, 4 and 11 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 15th April 1993 and in relation to all other cases the increases in such sums shall take effect on 12th April 1993.
3
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 1993.
4
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 12th April 1993.
5
The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the 1992 Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the 1992 Act, shall in all cases take effect on 14th April 1993.
6
Where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 50(2) of the 1992 Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 12th April 1993 and where it does not fall to be so increased the sum so specified shall take effect on 15th April 1993.
7
The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increases for dependants), shall take effect in all cases on 15th April 1993.
8
The increase in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the 1992 Act (retirement allowance) shall take effect on 14th April 1993.
9
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Administration Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those Regulations takes effect.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the 1992 Act the sum of £32.55 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 14th April 1993 for that sum in paragraph 2(6)(c), and from and including 15th April 1993 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £33.70.
Earnings Limits
8
In section 80(4) of the 1992 Act (earnings limits in respect of child dependency increases) for the sums £115, £15 and £115 there shall be substituted the sums £120, £16 and £120 respectively.
Statutory Sick Pay
9
In section 157(1) of the 1992 Act (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) the sums specified in paragraph (a) are £52.50 and £190.00 respectively and the sum specified in paragraph (b) is £45.30.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £46.30 there shall be substituted the sum of £47.95.
Increase in rate of graduated retirement benefit and increments thereof
11
1
In the National Insurance Act 1965 the sum of 7.09 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.6 per cent; and from and including 12th April 1993 the reference in that provision to that sum shall have effect as a reference to 7.35 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 3.6 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £43.35 there shall be substituted the sum of £44.90;
b
in sub-paragraph (b) of paragraph (1), for the sum of £28.95 there shall be substituted the sum of £30.00;
c
in sub-paragraph (c) of paragraph (1), for the sum of £11.55 there shall be substituted the sum of £11.95;
d
in sub-paragraph (a) of paragraph (2), for the sum of £30.30 there shall be substituted the sum of £31.40;
e
in sub-paragraph (b) of paragraph (2), for the sum of £11.55 there shall be substituted the sum of £11.95.
Sum specified for child benefit
13
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a) of paragraph (1), for the sum of £9.65 there shall be substituted the sum of £10.00;
b
in sub-paragraph (b) of paragraph (1), for the sum of £7.80 there shall be substituted the sum of £8.10; and
c
in paragraph 2, for the sum £5.85 there shall be substituted the sum of £6.05.
PART III
FAMILY CREDIT, DISABILITY WORKING ALLOWANCE, INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Family Credit
14
In the Family Credit Regulations —
a
in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47 (applicable amount of family credit), for the sum of £66.60 there shall be substituted the sum of £69.00; and
d
in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.
Disability Working Allowance
15
In the Disability Working Allowance Regulations —
a
in regulation 51(4) (determination of appropriate maximum disability working allowance), the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6), the amount specified for the allowance in respect of a child or young person is NIL;
c
in regulation 52(1) (applicable amount of disability working allowance)
i
in sub-paragraph (a), for the sum of £39.95 there shall be substituted the sum of £41.40;
ii
in sub-paragraph (b), for the sum of £66.60 there shall be substituted the sum of £69.00; and
d
in Schedule 5 (determination of appropriate maximum disability working allowance), the sums prescribed shall be increased so as to have effect as set out in Schedule 3 to this Order.
Applicable amounts for Income Support
16
1
As from 12th April 1993 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Income Support Regulation bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
Except as provided for in paragraph (4) below the sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 4 to this Order.
4
In paragraph 2A of Part I of Schedule 2 (applicable amounts: residential allowance) the sums specified in sub-paragraph 1(a) and (b) are £45.00 and £50.00 respectively.
5
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £9.30 there shall be substituted the sum of £9.65.
6
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 5 to this Order.
7
In paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £18.00, there shall be substituted the sum of £21.00; and
b
in sub-paragraph (b) the sum specified is £4.00.
8
In paragraph 11(2) of Schedule 3 (non-dependant deductions) —
a
in sub-paragraph (i) for the sum of £65.00 there shall be substituted the sum of £70.00;
b
in sub-paragraph (ii) the sums specified shall be £70.00, £105.00 and £8.00 respectively; and
c
in sub-paragraph (iii) the sums specified shall be £105.00, £135.00 and £12.00 respectively.
9
In paragraph 6(2) of Schedule 4, for the sum of £205.00 there shall be substituted the sum of £215.00 and those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.
10
Except as provided in paragraphs (2) and (9) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 6 to this Order.
11
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 7 to this Order.
12
Except as provided in paragraph (11) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 7 to this Order.
13
The sums specified in any provision of the Income Support Regulation set out in column (1) of Schedule 8 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 3.6 per cent. of the amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the 1992 Act (trade disputes: the relevant sum) the substituted sum is £23.50.
Applicable amounts for Housing Benefit
19
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients), for the sum of £13.55 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £14.05, for the sum of £10.85 in subparagraph (c)(i) and (d)(i) there shall be substituted the sum of £11.20 and for the sum of £27.10 in sub-paragraph (c)(ii) there shall be substituted the sum of £28.10.
4
In regulation 63(1) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £18.00, there shall be substituted the sum of £21.00; and
b
in sub-paragraph (b) the sum specified is £4.00.
5
In regulation 63(2) (non-dependant deductions) —
a
in sub-paragraph (a) for the sum of £65.00 there shall be substituted the sum of £70.00;
b
in sub-paragraph (b) the sums specified shall be £70.00, £105.00 and £8.00 respectively; and
c
in sub-paragraph (c) the sums specified shall be £105.00, £135.00 and £12.00 respectively.
6
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums £15.20, £15.20, £7.65, £10.10, £10.10, £5.05 and £1.85 there shall be substituted the sums respectively £15.75, £15.75, £7.95, £10.45, £10.45, £5.25 and £1.90.
7
In paragraph 5(2) of Part II of Schedule 1 (payments in respect of fuel charges), the sums specified are £8.60, £1.05, £0.70 and £1.05 respectively.
8
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
9
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) for the sum of £9.30 there shall be substituted the sum of £9.65.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and that Part of Schedule 2 shall have effect as set out in Schedule 10 to this Order.
Applicable amounts for Council Tax Benefit
20
1
As from 1st April 1993 the sums relevant to the calculation of an applicable amount and specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and in Schedules 11 and 12 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Council Tax Benefit Regulation bearing that number.
2
In regulation 8(b), 9(c) and paragraph 15(a) of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients), for the sum of £13.55 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £14.05, for the sum of £10.85 in sub-paragraphs (c)(i) and (d)(i) there shall be substituted the sum of £11.20 and for the sum of £27.10 in paragraph (c)(ii) there shall be substituted the sum of £28.10.
4
In regulation 52 (non-dependant deductions) the sums specified in paragraph (1)(a) and (b) are £2.00 and £1.00 respectively and for the sum of £100.00 in paragraph (2) there shall be substituted the sum of £105.00.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 11 of this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium), for the sum of £9.30 there shall be substituted the sum of £9.65.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and that Part of Schedule 1 shall have effect as set out in Schedule 12 to this Order.
8
In column 1 of the Table in paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit), for the sums £100.00, £100.00 and £130.00, there shall be substituted the sums £105.00, £105.00 and £135.00 respectively.
PART IV
TRANSITIONAL PROVISIONS AND REVOCATIONS
Transitional Provisions
21
Notwithstanding the increases of the sums payable in respect of family credit and disability working allowance made by articles 14 and 15 of this Order, where a period of entitlement to family credit or disability working allowance is running at 13th April 1993, the rate at which it is payable shall be the weekly rate in force for the period prior to the 13th April 1993 until the end of the period of entitlement.
Revocations
22
The following provisions are hereby revoked —
a
the whole of the Social Security Benefits Up-rating (No. 2) Order 1991 ; and
b
the whole of the Social Security Benefits Up-rating Order 1991 , in so far as not previously revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
17th February 1993
We consent,
Gregory Knight
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 1993


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1993 and shall, in accordance with section 9(2)(b) of the Act of 1992, come into force on 1st January 1994.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act of 1992 using the existing bridge shall be as follows: —
Category 1 vehicles £3.40 Category 2 vehicles £6.80 Category 3 vehicles £10.10
3
The Severn Bridges Tolls ( No. 2) Order 1992 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State
Department of Transport
14th December 1993


text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Qualifications of Actuaries) Regulations 1993, and shall come into force on 19th February 1993.
Prescribed qualifications
2
It is prescribed that a person qualified for appointment as actuary to an incorporated friendly society under section 44 of the Friendly Societies Act 1992 shall be a Fellow of the Institute of Actuaries or of the Faculty of Actuaries and shall have attained the age of 30 years.
In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on
Michael Cook
Secretary to the Commission
14th January 1993


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
2
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Revocation
3
The Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 and the Plant Breeders' Rights (Fees) (Amendment) Regulations 1992 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th February 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th February 1993
David Hunt
Secretary of State for Wales
24th February 1993
Patrick Mayhew
Secretary of State for Northern Ireland
22nd February 1993
Kenneth Clarke
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
2nd March 1993
We approve,
Gregory Knight
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 1993


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 and shall come into force on 22nd April 1993.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1933) Fund;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Shepherd of the other part;
.
3
In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.
4
Those provisions are regulations 42(4) (notional income), 48(10)(c) (income treated as capital), 51(3) (notional capital) and 72(1)(a) (assessment of income and capital in urgent cases), Schedule 3, paragraph 11(8)(b) (non-dependant deductions), Schedule 9, paragraphs 21(2) and 39(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 10, paragraph 22(1) (capital to be disregarded).
5
In Schedule 10 (capital to be disregarded), in paragraph 29, for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.
Amendment of the Family Credit (General) Regulations 1987
3
1
The Family Credit (General) Regulations 1987 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
3
In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.
4
Those provisions are regulations 26(3) (notional income), 31(3) income treated as capital) and 34(3) (notional capital), Schedule 2, paragraph 34(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 3, paragraph 23(1) (capital to be disregarded).
5
In Schedule 3 (capital to be disregarded), in paragraph 31, for the words “or the Fund.” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) in paragraph (1) there shall be inserted at the appropriate places
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
.
3
In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.
4
Those provisions are regulations 35(3) (notional income), 40(6) (income treated as capital), 43(3) (notional capital), 63(9)(b) (non-dependant deductions) and 73(3)(b) and (c) (evidence and information), Schedule 4, paragraph 34(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 5, paragraph 23(1) (capital to be disregarded).
5
In Schedule 5 (capital to be disregarded), in paragraph 32, for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.
Amendment of the Council Tax Benefit (General) Regulations 1992
5
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
.
3
In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.
4
Those provisions are regulations 26(3) (notional income), 31(6) (income treated as capital), 34(3) (notional capital), 52(9)(b) (non-dependant deductions) and 63(3)(b) and (c) (evidence and information), Schedule 2, paragraph 2(b) (income disregarded in calculating alternative maximum council tax benefit), Schedule 4, paragraph 35(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 5, paragraph 23(1) (capital to be disregarded).
5
In Schedule 5, paragraph 32 (capital to be disregarded) for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.
Amendment of the Disability Working Allowance (General) Regulations 1991
6
1
The Disability Working Allowance (General) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) in paragraph (1), there shall be inserted at the appropriate places —
“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;
“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;
.
3
In each of the provisions to which paragraph (4) below refers, the words “the Independent Living Funds” shall be substituted for the words “the Independent Living Fund”.
4
Those provisions are regulations 29(3) (notional income), 34(3) (income treated as capital) and 37(3) (notional capital), Schedule 3, paragraph 33(1) (sums to be disregarded in the calculation of income other than earnings) and Schedule 4, paragraph 23(1) (capital to be disregarded).
5
In Schedule 4 (capital to be disregarded), in paragraph 31, for the words “or the Fund” there shall be substituted the words “the Fund or the Independent Living (1993) Fund.”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
1st April 1993


text:
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 1993 and shall come into force on 1st June 1993.
2
1
Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1992 shall be amended as follows.
2
In item 1–
a
in the third column, there shall be added–
“92/97/ EEC ”;
b
in the fourth column, there shall be added–
“L371, 19.12.92, p.1”.
3
Item 48 shall be re-numbered item 51 and before that item as so re-numbered there shall be inserted the following item–
50 92/114/EEC L409, 31.12.92, p.17 External projections forward of the cab’s rear panel of certain motor vehicles
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State
Department of Transport
7th May 1993


text:
Title, extent and commencement
1
These Regulations may be cited as the Beef Special Premium Regulations 1993, shall apply in Great Britain and shall come into force on 1st August 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“additional amount” means the additional amount payable pursuant to Article 4h of Council Regulation 805/68;
“animal” means a male animal of the bovine species;
“animal in the first age bracket” means an animal which on the date of the commencement of the retention period is not less than eight months and not more than twenty months old;
“animal in the second age bracket” means an animal which on the date of the commencement of the retention period is not less than twenty one months old;
“applicant” a means producer who has applied for Community premium;
“appropriate Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales or Scotland, the Secretary of State concerned with agriculture in those parts of the United Kingdom;
“authorised person” means a person (whether or not an officer of that Minister) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“Commission Regulation 3886/92” means Commission Regulation ( EEC ) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and repealing Regulations (EEC) No. 1244/82 (EEC) and No. 714/89 , as amended by Commission Regulation (EEC) No. 538/93 ;
“Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“Community premium” means the first premium or the second premium, or both the first premium and the second premium, as the case may be;
“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal , as amended, so far as is relevant to these Regulations, by Council Regulation (EEC) No. 2066/92 ;
“first premium” means the premium payable pursuant to the first indent of Article 4b(2) of Council Regulation 805/68;
“forage area” has the same meaning as in Article 4g(3) of Council Regulation 805/68;
“Holding” has the same meaning as in Article 4a of Council Regulation 805/68;
“imported” means imported into Great Britain;
“national administrative document” means a document issued in pursuance of Article 3 of Commission Regulation 3886/92, by the appropriate Minister or the competent authority in Northern Ireland;
“person who has applied for a national administrative document” means a person who has applied for a national administrative document under regulation 3, or a duplicate or replacement national administrative document under regulation 5 or 6, and shall include a person who has been issued with such a document under such regulation;
“premium scheme” means the aid scheme referred to in Article 4b of Council Regulation 805/68;
“producer” has the same meaning as in Article 4a of Council Regulation 805/68;
“relevant date” means, in relation to an applicant, the date on which his application for Community premium was lodged with the appropriate Minister;
“retention period” means the period referred to in the first paragraph of Article 4 of Commission Regulation 3886/92;
“second premium” means the premium payable pursuant to the second indent of Article 4b(2) of Council Regulation 805/68;
“sell” includes offer or expose for sale or have in possession for sale and “sale” and “selling” shall be construed accordingly;
“specified animal” means an animal which is over three months old;
“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;
“specified record” means any record which an applicant is required to retain by virtue of regulation 10;
“third country” means any country other than a member State or Northern Ireland; and
“transitional premium” means the special premium payable on slaughter in accordance with the transitional arrangements operated by the appropriate Minister pursuant to Article 57 of Commission Regulation 3886/92.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 805/68, Commission Regulation 3886/92 and Commission Regulation 3887/92.
3
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
National administrative documents
3
1
The national administrative document referred to in Article 3 of Commission Regulation 3886/92 shall take the form of a document accompanying each specified animal.
2
A person holding an animal for which no national administrative document has been issued may apply to the appropriate Minister for a national administrative document for that animal.
3
An application for a national administrative document shall be made in such form as the appropriate Minister may require.
4
Following the receipt of such application together with such details relating to the animal as he may reasonably require, the appropriate Minister shall issue to the person who made such application a national administrative document for that animal.
Sale of specified animals
4
1
No person shall sell a specified animal unless that animal is accompanied by a national administrative document which relates to that animal.
2
Notwithstanding paragraph (1) above, an animal referred to in that paragraph need not be accompanied by a national administrative document if that animal has been imported into Great Britain during the period of three months preceding the date of such sale–
a
from another member State, and is accompanied by an administrative trade document issued by the competent authority in that member State pursuant to paragraph 3 of Article 3 of Commission Regulation 3886/92; or
b
from any third country, and the person selling the animal produces on demand to an authorised person satisfactory documentary evidence to show that the animal has been imported from a third country within the preceding three months.
Death, loss, theft or export of animal
5
1
On the death (howsoever caused), loss, theft, or export from Great Britain of an animal for which a national administrative document has been issued, the person holding the national administrative document relating to that animal shall, within three months of such death, loss, theft, or export, as the case may be, surrender that document to the appropriate Minister.
2
Where an animal which has been lost or stolen is restored to the person referred to in paragraph (1) above after its national administrative document has been surrendered to the appropriate Minister pursuant to that paragraph, that person may apply to the appropriate Minister for a duplicate of the national administrative document issued for that animal.
3
Following the receipt of such application together with such details relating to that animal and such proof as he may reasonably require regarding its loss or theft and subsequent restoration, the appropriate Minister shall issue to the person who made such application a duplicate national administrative document for that animal.
Replacement of national administrative documents
6
1
Where a national administrative document issued in respect of an animal has been lost, stolen or destroyed, the person holding the animal to which such document relates may apply to the appropriate Minister for a duplicate of that document.
2
Where an ear-tag identifying an animal for which a national administrative document has been issued is replaced with an ear-tag with an identifying number which is different to the number specified on the ear-tag which it replaces, the person holding such animal may apply to the appropriate Minister for a replacement national administrative document for that animal.
3
Following the receipt of an application under pargraph (1) or (2) above, together with such proof as he may reasonably require regarding the loss, theft or destruction of the national administrative document or the replacement of the ear-tag, as the case may be, the appropriate Minister shall issue to the person who made such application a duplicate or replacement national administrative document, as appropriate.
Applications for first premium
7
1
Subject to paragraphs (3) and (4) below, a producer holding an animal in the first age bracket on his Holding may apply to the appropriate Minister for first premium in respect of that animal.
2
An application for first premium shall be made in such form as the appropriate Minister may require.
3
No application for first premium shall be made by a producer unless the animal in respect of which the application is to be made is accompanied by a national administrative document which relates to that animal.
4
No application for first premium shall be made by a producer–
a
in 1993, if the total number of animals in the first age bracket for which he has applied for first premium and transitional premium during that year (other than applications which have been refused by the appropriate Minister) is equal to or exceeds ninety;
b
in 1994 and thereafter, if in the calendar year in question the total number of animals in the first age bracket for which he has applied for first premium (other than applications which have been refused by the appropriate Minister) is equal to or exceeds ninety;
c
if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the year in question;
d
in respect of an animal for which first premium has already been paid;
e
in respect of an animal for which first premium has been applied for but for which payment is outstanding; or
f
in respect of an animal for which an application for first premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of the Council Regulation 805/68.
Applications for second premium
8
1
Subject to paragraphs (3) and (4) below, a producer holding an animal in the second age bracket on his Holding may apply to the appropriate Minister for second premium in respect of that animal.
2
An application for second premium shall be made in such form as the appropriate Minister may require.
3
No application for second premium shall be made by a producer unless the animal in respect of which the application is to be made is accompanied by a national administrative document which relates to that animal.
4
No application for second premium shall be made by a producer–
a
if in the calendar year in question the total number of animals in the second age bracket for which he has applied for second premium (other than applications which have been refused by the appropriate Minister) is equal to or exceeds ninety;
b
if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the year in question;
c
in respect of an animal for which second premium has already been paid;
d
in respect of an animal for which second premium has been applied for but for which payment is outstanding; or
e
in respect of an animal for which an application for second premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68.
Commencement of retention period
9
For the purposes of Article 4 of Commission Regulation 3886/92, an applicant may, when applying for Community premium, set the starting date for the commencement of the retention period in relation to his application in accordance with the second paragraph of that Article.
Retention of records
10
1
An applicant shall, in relation to an animal for which he has applied for Community premium, retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to such animal.
2
Without prejudice to the generality of the provisions of paragraph (1) above, an applicant shall either–
a
retain for a period of four years from the relevant date the special register referred to in Article 4g(4) of Council Regulation 805/68, or
b
retain for such period any records which he has kept under Article 3(1) of the Movement of Animals (Records) Order 1960 and Article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 , provided that the animals for which an application for Community premium was made are clearly distinguished from the other animals recorded in such records.
Powers of authorised persons
11
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
carrying out any specified control measure, or
b
ascertaining whether an offence under regulation 15(a) or (d) has been or is being committed.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, land occupied by, or in the possession of–
a
a person who has applied for a national administrative document; or
b
an applicant.
3
An authorised person who has entered any land by virtue of paragraph (2)(a) above may inspect and count any animals on such land and read the ear-tags of any such animals.
4
An authorised person who has entered any land by virtue of paragraph (2)(b) above may–
a
inspect and verify the total area of land, including forage area, managed by an applicant;
b
inspect and count any animals on such land and read the ear-tags of any such animals; and
c
carry out any other activity which is a specified control measure.
5
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
6
An authorised person may–
a
require a person who has applied for a national administrative document, or any employee, servant or agent of such person, to produce any bill, account, receipt, voucher or other record relating to an animal for which a national administrative document has been issued or applied for, and to supply such additional information in that person’s possession or under his control relating to such animal as the authorised person may reasonably request;
b
require an applicant or any employee, servant or agent of an applicant to produce any national administrative document issued in respect of an animal for which Community premium has been applied for and any specified record, and to supply such additional information in that person’s possession or under his control relating to an application for Community premium as the authorised person may reasonably request;
c
require a person who is selling any specified animal to produce or cause to be produced any national administrative document or any other document referred to in regulation 4(2) relating to that animal;
d
inspect any national administrative document or other document referred to in paragraphs (b) or (c) above and any specified record referred to in paragraph (b) above and, where any specified record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record;
e
require that copies of, or extracts from, any national administrative document, other document referred to in regulation 4(2) and specified record be produced; and
f
seize and retain any such specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
12
A person who has applied for a national administrative document or an applicant (as the case may be), or any employee, servant or agent of such person or applicant, shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 11 and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested.
Recovery of Community premium and additional amount
13
Where an applicant, or an employee, servant or agent of an applicant, intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from carrying out a specified control measure, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out a specified control measure, the appropriate Minister shall be entitled to recover on demand from that applicant the whole or any part of any Community premium paid to him and any additional amount paid to him together with such premium.
Rate of interest
14
Except where the appropriate Minister recovers from any applicant any Community premium or part of any Community premium, or any additional amount or part of any additional amount, paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences
15
It shall be an offence for a person–
a
without reasonable excuse, to fail to comply with the provisions of regulations 4, 5(1) and 10;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 11;
c
without reasonable excuse, to fail to comply with a request made under regulation 12; or
d
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished–
i
in purported compliance with any requirement imposed under regulation 11(6);
ii
for the purpose of obtaining a national administrative document or a duplicate or replacement thereof; or
iii
for the purposes of obtaining for himself or any other person the whole or any part of any Community premium.
Punishment of offences
16
1
A person guilty of an offence under regulation 15(a) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 15(b), (c) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
17
1
Proceedings for an offence under regulation 15 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficent in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor 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
In relation to proceedings in Scotland, 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.
Offences by bodies corporate
18
1
Where a body corporate 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
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (11) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and 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 the offence and be liable to be proceeded against and punished accordingly.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th July 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th July 1993


text:
1
This Order may be cited as the Combined Probation Areas (Devon) Order 1993 and shall come into force on 1st June 1993.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Devon Probation Area shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Exeter and Wonford;
b
inserting in alphabetical order in column 1 “Exeter and Wonford”, and corresponding to this in column 3 “4”.
3
The four members of the Devon Probation Committee appointed before 1st June 1993 by the justices for the petty sessions areas of Exeter and Wonford shall continue in office as if they had been appointed by the justices for the new petty sessions area of Exeter and Wonford .
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
24th May 1993