text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1992 and shall come into force on 5th June 1992.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 30th May 1992, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say:
“aircraft of Serbia or Montenegro” means —
a
any aircraft registered in Serbia or Montenegro, and
b
any other aircraft for the time being chartered to a person connected with Serbia or Montenegro;
“Chief Revenue Officer” and “States Revenue Officer” —
shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and
mean, in the application of this Order to the Bailiwick of Jersey, the Agent of the Impôts (including the Deputy Agent of the Impôts and any person duly authorised by the Agent of the Impôts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“export” includes shipment as stores;
“exportation” and “importation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of or into the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Serbia or Montenegro” means —
the Governments of the Federal Republic of Yugoslavia, of Serbia and of Montenegro;
any other person in, or resident in, Serbia or Montenegro;
any body incorporated or constituted under the law of Serbia or Montenegro;
any body, wherever incorporated or constituted, which is controlled by any of the said Governments, any other person in, or resident in, Serbia or Montenegro or any body incorporated in or constituted under the law of Serbia or Montenegro; and
any person acting on behalf of any of the above mentioned persons;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police force;
“relevant authority”, in relation to a licence granted under article 3, 4, 5, 6, 7, 8 or 9 below, means —
in the case of the Bailiwick of Guernsey, the Lieutenant Governor, and
in the case of the Bailiwick of Jersey, the Finance and Economics Committee;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (General Provisions) (Jersey) Law 1972;
“vehicle” means land transport vehicle and includes a barge; and
“vessel” shall have the meaning it bears in the Export of Goods (Control) Order 1991 .
Supply of goods to Serbia and Montenegro
3
1
Except under the authority of a licence granted under this article or article 4 below by the relevant authority, or granted under the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992 , no person shall —
a
supply or deliver;
b
agree to supply or deliver; or
c
do any act calculated to promote the supply or delivery of,
any goods to, or to the order of, a person connected with Serbia or Montenegro.
2
Nothing in paragraph (1)(b) or (c) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article or article 4 below or under the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992.
Exportation of goods to Serbia and Montenegro
4
Except under the authority of a licence granted under this article by the relevant authority or granted under the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992, all goods are prohibited to be exported from the Bailiwick of Guernsey or the Bailiwick of Jersey to any destination in Serbia or Montenegro or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person connected with Serbia or Montenegro.
Exportation of goods from Serbia and Montenegro and dealing and processing
5
1
Except under the authority of a licence granted under this article by the relevant authority, all goods originating in Serbia or Montenegro are prohibited to be imported into the Bailiwick of Guernsey or the Bailiwick of Jersey.
2
Except under the authority of a licence granted by the relevant authority under this article, no person shall do any act to promote the exportation of any goods from Serbia or Montenegro after 30th May 1992.
3
Except under the authority of a licence granted by the relevant authority under this article in respect of any goods that have been exported from Serbia or Montenegro after 30th May 1992, no person shall, by way of trade or otherwise for gain —
a
acquire or dispose of —
i
such goods, or
ii
any property or interest in them, or
iii
any right to or charge upon them; or
b
process them, or
c
do any act calculated to promote any such acquisition, disposal or processing by himself or any other person.
Carriage of goods destined for or exported from Serbia and Montenegro
6
1
Without prejudice to the generality of article 3 above, no ship or aircraft to which this article applies and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used, except under the authority of a licence granted under this article by the relevant authority, for the carriage of any goods if the carriage is, or forms part of, carriage from any place outside Serbia or Montenegro to any destination therein, or to any person connected with Serbia or Montenegro.
2
Without prejudice to the generality of article 5 above, no ship or aircraft to which this article applies and no vehicle within the Bailiwick of Guernsey or the Bailiwick of Jersey shall be used, except under the authority of a licence granted under this article by the relevant authority, for the carriage of any goods if those goods are being, or have been, exported from Serbia or Montenegro after 30th May 1992.
3
This article applies to ships registered in the Bailiwick of Guernsey or the Bailiwick of Jersey or the United Kingdom, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
4
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft to which this article applies —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (3) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft, or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Serbia or Montenegro to any destination therein or to any person connected with Serbia or Montenegro.
5
If any ship, aircraft or vehicle is used in contravention of paragraph (2) above, then —
a
in the case of a ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft to which this article applies —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (3) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft, or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the goods were being or had been exported from Serbia or Montenegro or had been exported therefrom after 30th May 1992, as the case may be.
6
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or the Bailiwick of Jersey of the goods concerned to Serbia or Montenegro was authorised by a licence granted by the relevant authority under article 3 or 4 of this Order or granted under the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992.
7
Nothing in paragraph (2) above shall apply where the importation of the goods concerned into the Bailiwick of Guernsey or the Bailiwick of Jersey was authorised by a licence granted by the relevant authority under article 5 of this Order.
8
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Servicing of aircraft
7
Except under the authority of a licence granted under this article by the relevant authority, no person shall provide engineering or maintenance servicing for any aircraft of Serbia or Montenegro or for any component of such an aircraft.
Insurance of aircraft
8
1
This article applies to any contract of insurance, other than a contract of re-insurance, upon aircraft of Serbia or Montenegro or upon the machinery, tackle, furniture or equipment of such an aircraft.
2
Except under the authority of a licence granted under this article by the relevant authority, no person shall —
a
make payment in full or partial settlement of any claim under a contract of insurance to which this article applies, unless the claim is in respect of an incident occurring before the coming into force of this Order; or
b
effect any new contract of insurance, or agree to any variation or extension of any existing contract of insurance, to which this article applies.
Bonds and indemnities
9
1
Except under the authority of a licence granted under this article by the relevant authority, no person shall —
a
make any payment to, or to the order of, any person connected with Serbia or Montenegro under or in respect of a bond to which this article applies; or
b
do any act for the purpose of obtaining payment, or make any payment, in respect of any right to idemnity in respect of any bond to which this article applies, where payment under the bond is, or would if payment were to be made by a person referred to in article 11(1) below be, unlawful by virtue of sub-paragraph (a) above.
2
A bond to which this article applies is a bond given in respect of a contract the performance of which is unlawful, wholly or in part, by virtue of this Order or the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992.
3
In this article —
a
“bond” means an agreement under which a person ( “the obligor”) agrees that, if called upon to do so, or if a third party fails to fulfil contractual obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement; and
b
“make any payment” means make payment by any method, including but not restricted to the grant, or any agreement to the exercise, of any right to set off, accord and satisfaction and adjustment of any account, or any similar means.
Assets of Serbia and Montenegro
10
1
Except with permission granted by or on behalf of the Treasury, no person shall —
a
make any payment or part with any gold, securities or investments; or
b
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
2
Action to which this article applies is action which is likely to make available to or for the benefit of any person concerned with Serbia or Montenegro any funds or other financial or economic resources, whether by their removal from the Bailiwick of Guernsey or the Bailiwick of Jersey or the United Kingdom or otherwise, or otherwise to remit or transfer funds or other such resources to or for the benefit of any person connected with Serbia or Montenegro.
3
Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the Treasury.
4
In this article —
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 ; and
b
“investments” means any asset, right, or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986 which is not a security.
Application of articles 3, 5, 7, 8, 9 and 10
11
1
The provisions of articles 3, 5(2) and (3), 7, 8, 9 and 10 above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) to (8) below, any person specified in paragraph (1) above who contravenes the provisions of article 3, 5(2) or (3), 7, 8, 9 or 10 above shall, in the Bailiwick in question, be guilty of an offence under this Order.
3
In the case of proceedings for an offence in contravention of article 3 above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods were to be supplied or delivered to, or to the order of a person connected with, Serbia or Montenegro.
4
In the case of proceedings for an offence in contravention of article 5(3) above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were exported from Serbia or Montenegro or were exported therefrom after 30th May 1992, as the case may be.
5
In the case of proceedings for an offence in contravention of article 7 above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was an aircraft of Serbia or Montenegro or that the component was part of such an aircraft.
6
In the case of proceedings for an offence in contravention of article 8 above, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the aircraft was an aircraft of Serbia or Montenegro or that the machinery, tackle, furniture or equipment was part of such an aircraft.
7
In the case of proceedings for an offence in contravention of article 9(1)(a) above, it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment was made to, or to the order of, a person connected with Serbia or Montenegro; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order or the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992; and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract.
8
In the case of proceedings for an offence in contravention of article 9(1)(b) above, it shall be a defence for the accused person to prove that —
a
he did not know and had no reason to suppose that payment under the bond was or would be to, or to the order of, a person connected with Serbia or Montenegro; or
b
i
he did not know and had no reason to suppose that the bond was given in respect of a contract the performance of which was unlawful by virtue of this Order or the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992; and
ii
he made all reasonable enquiries to ascertain whether the bond was given in respect of such a contract:
Provided that sub-paragraph (b) shall not apply where the accused person is a party to the contract in respect of which the bond was given.
Customs powers to demand evidence of destination which goods reach
12
Any exporter or any shipper of goods which have been exported from the Bailiwick of Guernsey or the Bailiwick of Jersey shall, if so required by the Chief Revenue Officer, furnish within such time as he may allow proof to his satisfaction that the goods have reached either —
a destination to which they were authorised to be exported by a licence granted under this Order or the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992, or
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence under this Order and liable —
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
in the Bailiwick of Jersey, on conviction to a fine,
unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
13
1
If for the purpose of obtaining any licence or permission under this Order any person makes a statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the relevant authority under this Order or with permission granted by or on behalf of the Treasury and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the relevant authority or by or on behalf of the Treasury after the doing of the act authorised by the licence or permission.
Declaration as to goods: powers of search
14
1
Any person who is about to leave the Bailiwick of Guernsey or the Bailiwick of Jersey shall, if he is required to do so by a States Revenue Officer —
a
declare whether or not he has with him any goods destined for Serbia or Montenegro or for delivery, directly or indirectly, to or to the order of a person connected with Serbia or Montenegro, and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with paragraph (1) above shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships and aircraft
15
1
Where any authorised officer, that is to say, any such officer other than an officer of the Board of Trade as is referred to in section 692(1) of the Merchant Shipping Act 1894 , has reason to suspect that any ship registered in the Bailiwick of Guernsey or the Bailiwick of Jersey or the United Kingdom has been or is being or is about to be used in contravention of paragraph (1) or (2) of article 6 above, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and the master shall comply with any such request.
2
An authorised officer, within the meaning of paragraph (1) above, may, in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) or (2) of article 6 above, exercise the following further powers (either at the time of the exercise of the powers conferred by paragraph (1) above or upon consideration of any information furnished or document or cargo produced in pursuance of a request under that paragraph) with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the steps specified in paragraph (3) below; and the master shall comply with any such request or direction.
3
The steps referred to in paragraph (2) above are:
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the Bailiwick of Guernsey or the Bailiwick of Jersey or the United Kingdom to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) above; and
d
to take her to any other destination that may be specified by the officer in agreement with the master.
4
Without prejudice to the provisions of paragraph (11) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
5
Where, in the case of the Bailiwick of Guernsey, the Attorney General for Guernsey or, in the case of the Bailiwick of Jersey, the Bailiff, or any person authorised by either of them for that purpose either generally or in a particular case, has reason to suspect that any aircraft registered in the United Kingdom or any aircraft for the time being chartered to any person specified in article 6(3) above has been or is being or is about to be used in contravention of article 6(1) or (2) above, the Attorney General or, as the case may be,the Bailiff or that authorised person may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and the Attorney General or, as the case may be, the Bailiff or that authorised person may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and the charterer, the operator and the commander shall comply with any such request.
6
If the aircraft is in the Bailiwick of Guernsey or the Bailiwick of Jersey, the Attorney General for Guernsey or, in the case of the Bailiwick of Jersey, the Bailiff or any such authorised person as is referred to in paragraph (5) above may (either at the time of the exercise of the powers conferred by paragraph (5) above or upon consideration of any information furnished or document or cargo produced in pursuance of a request under that paragraph) further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the aircraft may depart; and the charterer, the operator and the commander shall comply with any such request.
7
Without prejudice to the provisions of paragraph (11) below, where, in the case of the Bailiwick of Guernsey, the Attorney General for Guernsey or, in the case of the Bailiwick of Jersey, the Bailiff, or any person authorised by either of them for that purpose either generally or in a particular case, has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under paragraph (6) above may not be complid with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft; and
c
use, or authorise the use of, reasonable force.
8
A person authorised by the Attorney General for Guernsey or, in the case of the Bailiwick of Jersey, the Bailiff to exercise any power for the purposes of paragraph (5), (6) or (7) above shall, if requested to do so, produce evidence of his authority before exercising that power.
9
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except:
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey; or
c
on the authority of the Attorney General for Guernsey in respect of the Bailiwick of Guernsey or the Bailiff in respect of the Bailiwick of Jersey, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Serbia and Montenegro decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
10
Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
11
Each of the following persons shall be guilty of an offence under this Order, that is to say:
a
a master of a ship who disobeys any direction given under paragraph (2) above with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft —
i
who, without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it, or
ii
who wilfully furnishes false information or produces any false document to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
12
Nothing in this article shall be construed so as to prejudice any other provision of law concerning powers or imposing restrictions or enabling restrictions to be imposed with respect to ships or aircraft.
Obtaining of evidence and information
16
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs.
Penalties and proceedings
17
1
Any person guilty of an offence under article 6(4) or (5) or 11(2) above shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 15(11))(b)(ii) above or paragraph 5(b) or (d) of the Schedule to this Order shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 13(1) or (2) or article 14(3) above shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum, and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 14(2) above shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine.
5
Any person guilty of an offence under article 15(11)(a), (b)(i) or (c) above or paragraph 5(a) or (c) of the Schedule to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
6
Where any body corporate is guilty of an offence under this Order, 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, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than twelve months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Bailiwick of Guernsey or the Bailiwick of Jersey having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
18
1
The Lieutenant Governor of the Bailiwick of Guernsey may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Lieutenant Governor shall be construed accordingly.
2
Any licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
19
This Order applies to or in relation to any ship or aircraft or any body corporate that purports to be registered in any particular place or, as the case may be, that purports to be incorporated or constituted under the law of that place as it applies to or in relation to any ship or aircraft that is so registered or any body corporate that is so incorporated or constituted.
G. I. de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Merton and Sutton Community National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Merton and Sutton Community 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 Merton and Sutton Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Orchard Hill, Queen Mary’s Avenue, Carshalton, Surrey SM5 4NR and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Merton and Sutton 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 Merton and Sutton 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 Merton and Sutton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Cheshire National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East Cheshire 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 East Cheshire 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 Macclesfield District General Hospital, Prestbury Road, Macclesfield, Cheshire and associated hospitals;
b
to manage community health services provided from Macclesfield District General Hospital, Prestbury Road, Macclesfield, Cheshire and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Macclesfield 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 Macclesfield 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 Macclesfield Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Transport and Works (Model Clauses for Railways and Tramways) Order 1992 and shall come into force on 15th January 1993.
Model clauses
2
The Secretary of State hereby prescribes —
a
the clauses set out in Schedule 1 to this Order as model provisions for incorporation in any draft order which, in accordance with rules made under section 6 of the Act (applications for orders), is required to be submitted with an application for an order under section 1(1)(a) of the Act (orders as to railways); and
b
the clauses set out in Schedule 2 to this Order as model provisions for incorporation in any draft order which, in accordance with rules made under section 6 of the Act, is required to be submitted with an application for an order under section 1(1)(b) of the Act (orders as to tramways). Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
18th December 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Provision and Use of Work Equipment Regulations 1992.
2
Subject to paragraph (3), these Regulations shall come into force on 1st January 1993.
3
Regulations 11 to 24 and 27 and Schedule 2 in so far as they apply to work equipment first provided for use in the premises or undertaking before 1st January 1993 shall come into force on 1st January 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“use” in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning, and related expressions shall be construed accordingly;
“work equipment” means any machinery, appliance, apparatus or tool and any assembly of components which, in order to achieve a common end, are arranged and controlled so that they function as a whole.
2
Any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in theregulation in which the reference appears.
Disapplication of these Regulations
3
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
Application of requirements under these Regulations
4
1
The requirements imposed by these Regulations on an employer shall apply in respect of work equipment provided for use or used by any of his employees who is at work or who is on an offshore installation within the meaning assigned to that term by section 1(4) of the Offshore Safety Act 1992 .
2
The requirements imposed by these Regulations on an employer shall also apply–
a
to a self-employed person, in respect of work equipment he uses at work;
b
to any person who has control, to any extent, of non-domestic premises made available to persons as a place of work, in respect of work equipment used in such premises by such persons and to the extent of his control; and
c
to any person to whom the provisions of the Factories Act 1961 apply by virtue of section 175(5) of that Act as if he were the occupier of a factory, in respect of work equipment used in the premises deemed to be a factory by that section.
3
Any reference in paragraph (2)(b) to a person having control of any premises or matter is a reference to the person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
Suitability of work equipment
5
1
Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.
2
In selecting work equipment, every employer shall have regard to the working conditions and to the risks to the health and safety of persons which exist in the premises or undertaking in which that work equipment is to be used and any additional risk posed by the use of that work equipment.
3
Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable.
4
In this regulation “suitable” means suitable in any respect which it is reasonably foreseeable will affect the health or safety of any person.
Maintenance
6
1
Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
2
Every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.
Specific risks
7
1
Where the use of work equipment is likely to involve a specific risk to health or safety, every employer shall ensure that–
a
the use of that work equipment is restricted to those persons given the task of using it; and
b
repairs, modifications, maintenance or servicing of that work equipment is restricted to those persons who have been specifically designated to perform operations of that description (whether or not also authorised to perform other operations).
2
The employer shall ensure that the persons designated for the purposes of sub-paragraph (b) of paragraph (1) have received adequate training related to any operations in respect of which they have been so designated.
Information and instructions
8
1
Every employer shall ensure that all persons who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
2
Every employer shall ensure that any of his employees who supervises or manages the use of work equipment has available to him adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
3
Without prejudice to the generality of paragraphs (1) or (2), the information and instructions required by either of those paragraphs shall include information and, where appropriate, written instructions on–
a
the conditions in which and the methods by which the work equipment may be used;
b
foreseeable abnormal situations and the action to be taken if such a situation were to occur; and
c
any conclusions to be drawn from experience in using the work equipment.
4
Information and instructions required by this regulation shall be readily comprehensible to those concerned.
Training
9
1
Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
2
Every employer shall ensure that any of his employees who supervises or manages the use of work equipment has received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
Conformity with Community requirements
10
1
Every employer shall ensure that any item of work equipment provided for use in the premises or undertaking of the employer complies with any enactment (whether in an Act or instrument) which implements in Great Britain any of the relevant Community directives listed in Schedule 1 which is applicable to that item of work equipment.
2
Where it is shown that an item of work equipment complies with an enactment (whether in an Act or instrument) to which it is subject by virtue of paragraph (1), the requirements of regulations 11 to 24 shall apply in respect of that item of work equipment only to the extent that the relevant Community directive implemented by that enactment is not applicable to that item of work equipment.
3
This regulation applies to items of work equipment provided for use in the premises or undertaking of the employer for the first time after 31st December 1992.
Dangerous parts of machinery
11
1
Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective–
a
to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
b
to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
2
The measures required by paragraph (1) shall consist of–
a
the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
b
the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
c
the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
d
the provision of information, instruction, training and supervision.
3
All guards and protection devices provided under sub-paragraphs (a) or (b) of paragraph (2) shall–
a
be suitable for the purpose for which they are provided;
b
be of good construction, sound material and adequate strength;
c
be maintained in an efficient state, in efficient working order and in good repair;
d
not give rise to any increased risk to health or safety;
e
not be easily bypassed or disabled;
f
be situated at sufficient distance from the danger zone;
g
not unduly restrict the view of the operating cycle of the machinery, where such a view is necessary;
h
be so constructed or adapted that they allow operations necessary to fit or replace parts and for maintenance work, restricting access so that it is allowed only to the area where the work is to be carried out and, if possible, without having to dismantle the guard or protection device.
4
All protection appliances provided under sub-paragraph (c) of paragraph (2) shall comply with sub-paragraphs (a) to (d) and (g) of paragraph (3).
5
In this regulation–
“danger zone” means any zone in or around machinery in which a person is exposed to a risk to health or safety from contact with a dangerous part of machinery or a rotating stock-bar;
“stock-bar” means any part of a stock-bar which projects beyond the head-stock of a lathe.
Protection against specified hazards
12
1
Every employer shall take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from any hazard specified in paragraph (3) is either prevented, or, where that is not reasonably practicable, adequately controlled.
2
The measures required by paragraph (1) shall–
a
be measures other than the provision of personal protective equipment or of information, instruction, training and supervision, so far as is reasonably practicable; and
b
include, where appropriate, measures to minimise the effects of the hazard as well as to reduce the likelihood of the hazard occurring.
3
The hazards referred to in paragraph (1) are–
a
any article or substance falling or being ejected from work equipment;
b
rupture or disintegration of parts of work equipment;
c
work equipment catching fire or overheating;
d
the unintended or premature discharge of any article or of any gas, dust, liquid, vapour or other substance which, in each case, is produced, used or stored in the work equipment;
e
the unintended or premature explosion of the work equipment or any article or substance produced, used or stored in it.
4
For the purposes of this regulation “adequate” means adequate having regard only to the nature of the hazard and the nature and degree of exposure to the risk, and “adequately” shall be construed accordingly.
5
This regulation shall not apply where any of the following Regulations apply in respect of any risk to a person’s health or safety for which such Regulations requiremeasures to be taken to prevent or control such risk, namely–
a
the Control of Lead at Work Regulations 1980 ;
b
the Ionising Radiations Regulations 1985 ;
c
the Control of Asbestos at Work Regulations 1987 ;
d
the Control of Substances Hazardous to Health Regulations 1988 ;
e
the Noise at Work Regulations 1989 ;
f
the Construction (Head Protection) Regulations 1989 .
High or very low temperature
13
Every employer shall ensure that work equipment, parts of work equipment and any article or substance produced, used or stored in work equipment which, in each case, is at a high or very low temperature shall have protection where appropriate so as to prevent injury to any person by burn, scald or sear.
Controls for starting or making a significant change in operating conditions
14
1
Every employer shall ensure that, where appropriate, work equipment is provided with one or more controls for the purposes of–
a
starting the work equipment (including re-starting after a stoppage for any reason); or
b
controlling any change in the speed, pressure or other operating conditions of the work equipment where such conditions after the change result in risk to health and safety which is greater than or of a different nature from such risks before the change.
2
Subject to paragraph (3), every employer shall ensure that where a control is required by paragraph (1), it shall not be possible to perform any operation mentioned in sub-paragraph (a) or (b) of that paragraph except by a deliberate action on such control.
3
Paragraph (1) shall not apply to re-starting or changing operating conditions as a result of the normal operating cycle of an automatic device.
Stop controls
15
1
Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible controls the operation of which will bring the work equipment to a safe condition in a safe manner.
2
Any control required by paragraph (1) shall bring the work equipment to a complete stop where necessary for reasons of health and safety.
3
Any control required by paragraph (1) shall, if necessary for reasons of health and safety, switch off all sources of energy after stopping the functioning of the work equipment.
4
Any control required by paragraph (1) shall operate in priority to any control which starts or changes the operating conditions of the work equipment.
Emergency stop controls
16
1
Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible emergency stop controls unless it is not necessary by reason of the nature of the hazards and the time taken for the work equipment to come to a complete stop as a result of the action of any control provided by virtue of regulation 15(1).
2
Any control required by paragraph (1) shall operate in priority to any control required by regulation 15(1).
Controls
17
1
Every employer shall ensure that all controls for work equipment shall be clearly visible and identifiable, including by appropriate marking where neccessary.
2
Except where necessary, the employer shall ensure that no control for work equipment is in a position where any person operating the control is exposed to a risk to his health or safety.
3
Every employer shall ensure where appropriate–
a
that, so far as is reasonably practicable, the operator of any control is able to ensure from the position of that control that no person is in a place where he would be exposed to any risk to his health or safety as a result of the operation of that control, but where or to the extent that it is not reasonably practicable;
b
that, so far as is reasonably practicable, systems of work are effective to ensure that, when work equipment is about to start, no person is in a place where he would be exposed to a risk to his health or safety as a result of the work equipment starting, but where neither of these is reasonably practicable;
c
that an audible, visible or other suitable warning is given by virtue of regulation 24 whenever work equipment is about to start.
4
Every employer shall take appropriate measures to ensure that any person who is in a place where he would be exposed to a risk to his health or safety as a result of the starting or stopping of work equipment has sufficient time and suitable means to avoid that risk.
Control systems
18
1
Every employer shall ensure, so far as is reasonably practicable, that all control systems of work equipment are safe.
2
Without prejudice to the generality of paragraph (1), a control system shall not be safe unless–
a
its operation does not create any increased risk to health or safety;
b
it ensures, so far as is reasonably practicable, that any fault in or damage to any part of the control system or the loss of supply of any source of energy used by the work equipment cannot result in additional or increased risk to health or safety;
c
it does not impede the operation of any control required by regulation 15 or 16.
Isolation from sources of energy
19
1
Every employer shall ensure that where appropriate work equipment is provided with suitable means to isolate it from all its sources of energy.
2
Without prejudice to the generality of paragraph (1), the means mentioned in that paragraph shall not be suitable unless they are clearly identifiable and readily accessible.
3
Every employer shall take appropriate measures to ensure that re-connection of any energy source to work equipment does not expose any person using the work equipment to any risk to his health or safety.
Stability
20
Every employer shall ensure that work equipment or any part of work equipment is stabilised by clamping or otherwise where necessary for purposes of health or safety.
Lighting
21
Every employer shall ensure that suitable and sufficient lighting, which takes account of the operations to be carried out, is provided at any place where a person uses work equipment.
Maintenance operations
22
Every employer shall take appropriate measures to ensure that work equipment is so constructed or adapted that, so far as is reasonably practicable, maintenance operations which involve a risk to health or safety can be carried out while the work equipment is shut down or, in other cases–
a
maintenance operations can be carried out without exposing the person carrying them out to a risk to his health or safety; or
b
appropriate measures can be taken for the protection of any person carrying out maintenance operations which involve a risk to his health or safety.
Markings
23
Every employer shall ensure that work equipment is marked in a clearly visible manner with any marking appropriate for reasons of health and safety.
Warnings
24
1
Every employer shall ensure that work equipment incorporates any warnings or warning devices which are appropriate for reasons of health and safety.
2
Without prejudice to the generality of paragraph (1), warnings given by warning devices on work equipment shall not be appropriate unless they are unambiguous, easily perceived and easily understood.
Exemption certificates
25
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any of the home forces, any visiting force or any headquarters from any of the requirements of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
2
In this regulation–
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
c
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Extension outside Great Britain
26
These Regulations shall, subject to regulation 3, apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 as they apply within Great Britain.
Repeals, saving and revocations
27
1
Subject to paragraph (2), the enactments mentioned in Part I of Schedule 2 are repealed to the extent specified in column 3 of that Part.
2
Nothing in this regulation shall affect the operation of any provision of the Offices, Shops and Railway Premises Act 1963 as that provision has effect by virtue of section 90(4) of that Act.
3
The instruments mentioned in Part II of Schedule 2 are revoked to the extent specified in column 3 of that Part.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
17th November 1992


text:
Citation and Commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1992 and shall come into force on 16th October 1992.
Specified Bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgagees and contributions to mortgage costs):
a
Barshelfco ( No. 39) Limited;
b
Barshelfco (No. 40) Limited;
c
Barshelfco (No. 41) Limited.
d
Bradford & Bingley Homeloans Limited;
e
Bradford & Bingley Homeloans Management Limited;
f
Bradford & Bingley Mortgages Limited;
g
Bradford & Bingley Mortgage Management Limited;
h
North Yorkshire Mortgage Limited;
i
Northern Rock Mortgage Services Limited.
Michael Howard
Secretary of State for the Environment
3rd September 1992
We consent,
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
25th September 1992


text:
1
This Order may be cited as the Finance (No. 2) Act 1992 (Commencement) Order 1992.
2
In this Order and the Schedule hereto —
“ the Act ” means the Finance (No. 2) Act 1992;
“the 1983 Act ” means the Value Added Tax Act 1983 .
3
The provisions of the Act specified in Part I of the Schedule to this Order shall come into force, to the extent therein specified, on 1st August 1992.
4
The provisions of the Act specified in Part II of the Schedule to this Order shall come into force, to the extent therein specified, on 1st January 1993.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
30th July 1992


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1992, shall come into force on 20th July 1992.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 3 of the principal Order
2
In article 3(1)(a) of the principal Order (medicinal products on prescription only), for the words “and (1D)” there are substituted the words “, (1D) and (1E),”.
Amendment of article 4 of the principal Order
3
In article 4 of the principal Order (medicinal products that are not prescription only), the following paragraph is inserted after paragraph (1D): —
1E
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it consists of or contains the substance carbenoxolone sodium where —
a
it is in the form of granules;
b
its maximum strength does not exceed one per cent calculated in terms of weight in weight;
c
it is sold or supplied in a container or package containing not more than 560mg;
d
its container or package is labelled to show a maximum daily dose of 80mg and a maximum dose of 20mg; and
e
it is indicated only for treatment, by mouthwash, in adults and in children over the age of 12 years.
.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in circumstances also listed) —
a
the following substances are inserted in Column 1 at the appropriate points in the alphabetical order of the substances listed in Column 1 —
Cisapride
Clozapine
Dopexamine Hydrochloride
Doxorubicin Hydrochloride
Esmolol Hydrochloride
Felbinac
Fluconazole
Foscarnet Sodium
Idarubicin Hydrochloride
Itraconazole
Mefloquine Hydrochloride
Mesna
Milrinone
Noscapine
Noscapine Hydrochloride
Olsalazine Sodium
Omeprazole
Podophyllotoxin
Propafenone
Ramipril
Simvastatin
Sulfametopyrazine
b
in the entry in Column 3 relating to “Clotrimazole” for the words “External: (1) cream (2) powder (3) solution” there are substituted the words “External, but in the case of vaginal use only external use for the treatment of vaginal candidiasis”; and
c
in the entries in Column 3 relating to “Econazole”, “Econazole Nitrate”, “Isoconazole Nitrate”, “Miconazole” and “Miconazole Nitrate” for the words “External (except vaginal use)” there are substitued the words “External, but in the case of vaginal use only external use for the treatment of vaginal candidiasis”.
Amendment of Table A of Part IV of Schedule 1 to the principal Order
5
In Table A of Part IV of Schedule 1 to the principal Order (medicinal products specified by name and product licence number which are not prescription only medicines) immediately after the entry “Efcortelan P Ointment 1° 0004/0326” the following entry is inserted —
Eurax HC Cream 0001/5010R
.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister,
Department of Health
29th June 1992
David Hunt
Secretary of State for Wales
29th June 1992
Fraser of Carmyllie
Minister, Scottish Office
29th June 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
29th June 1992.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. A. Elliott
Permanent Secretary
29th day of June 1992.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W. J. Hodges
Permanent Secretary
29th day of June 1992.


text:
Title and commencement
1
These Order may be cited as the Specified Diseases (Notification and Slaughter) Order 1992 and shall come into force on 1st January 1993.
Application of section 22 of the Animal Health Act 1981
2
1
Section 32 of the Animal Health Act 1981, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the following diseases–
African horse sickness
Bluetongue
Brucellosis caused by Brucella melitensis
Contagious agalactia
Contagious epidydimitis
Epizootic haemorrhagic virus disease
Goat pox
Lumpy Skin Disease
Peste des Petits Ruminants
Rift Valley Fever
Sheep pox
Teschen Disease
Vesicular Stomatitis
2
For the purposes of this article the definition of “animal” in the Animal Health Act 1981 is hereby extended to include any kind of mammal except man.
Amendment of the Specified Diseases (Notification) Order 1991
3
1
For the Schedule to the Specified Diseases (Notification) Order 1991 there shall be substituted the Schedule set out in Schedule 1 of this Order.
2
In Article 2(b) of the Specified Diseases (Notification) Order 1991 the words “column 1 of” shall be omitted.
3
In Article 3 of the Specified Diseases (Notification) Order 1991 for the definition of “specified disease” there shall be substituted the following–
“specified disease” means a disease specified in the Schedule to this Order;
Amendment of the Diseases of Animals (Ascertainment of Disease) Order 1985
4
In Article 3 of the Diseases of Animals (Ascertainment of Disease) Order 1985 , for the definition of “disease” there shall be substituted the following–
“Disease” means African horse sickness, Aujeszky’s disease, Brucellosis caused by Brucella melitensis, cattle plague, contagious agalactia, contagious epidydimitis, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, pleuro-pnemonia, rabies, sheep-pox, swine fever and Teschen disease;
.
Revocations and consequential amendments
5
The Orders referred to in Schedule 2 to this Order are hereby revoked or amended as specified in that Schedule.
In witness thereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
10th December 1992
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
10th December 1992
David Hunt
Secretary of State for Wales
10th December 1992


text:
1
This Order may be cited as the Value Added Tax (Treatment of Transactions) Order 1992 and shall come into force on 1st April 1992.
2
Where an employer gives an employee a choice between —
a
a particular rate of wages, salary or emoluments, or
b
in the alternative a lower rate of wages, salary or emoluments and, in addition, the right to the private use of a motor car provided by the employer,
and the employee chooses the alternative described in paragraph (b) above, then the provision to the employee of the right to use the motor car privately shall be treated as neither a supply of goods nor a supply of services (if it otherwise would be) to the extent only that the consideration for the provision of the motor car for the employee’s private use is the difference between the wages, salary or emoluments available to him under paragraphs (a) and (b) of this article.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Anglia Community Health National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mid Anglia Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mid Anglia Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at The Wedgwood Unit and Associated Wards, West Suffolk Hospital, Hardwick Lane, Bury St Edmunds, Suffolk IP33 2QZ and associated hospitals;
b
to manage community health services provided from St Mary’s Community Offices, Hospital Road, Bury St Edmunds, Suffolk and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Suffolk Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The West Suffolk Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the West Suffolk 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
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
PART I
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1991 , may be cited as the Land Registration Fees Order 1992 and shall come into force on 26th October 1992.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes sub-charge;
“credit account” means an account authorised by the Registrar under article 15(1);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
SCALE AND FIXED FEES; ABATEMENTS AND EXEMPTIONS
Scale fees
2
1
Subject to article 6, the fee for an application for first registration (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land comprised in the application determined in accordance with article 3.
2
Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:
Provided that —
a
where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £40 in accordance with Scale B in Schedule 2;
b
where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £40 shall be payable.
3
Subject to paragraph (5)(i) and to article 6, the fee for an application for the registration of:
a
a transfer of registered land or of a registered charge for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land or in a registered charge;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:
Provided that —
a
where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable under this paragraph in respect of each transfer;
b
where a sale and sub-sale of land are effected by one instrument or transfer, the fee shall be assessed upon the monetary consideration given by the subpurchaser in respect of that land.
4
The fee for an application in relation to registered land for the registration of:
a
an exchange (whether or not money is paid for equality);
b
a vesting order or declaration made under section 47 of the Act;
shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.
5
Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land;
c
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
d
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
e
a transmission of registered land on death or bankruptcy;
g
an assent of registered land (including a vesting assent);
g
an appropriation of registered land;
h
a rectification of the register;
i
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:
Provided that —
a
in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge.
b
where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
6
Subject to article 6 and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a charge;
b
the transfer of a charge otherwise than for monetary consideration;
c
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:
Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.
7
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination.
Valuation (first registration)
3
1
In the case of an application by a purchaser for the first registration of title to land made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken as the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and as evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
3
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (registered land)
4
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
5
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a fixed charge, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 2(6) shall be payable on an amount calculated in accordance with the following formula:
Value of registered land Value of whole security × Amount of the charge
3
The fee in accordance with Scale A in Schedule 1 for the registration of a charge by way of additional or substituted security or by way of gurantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
The fee in accordance with Scale A in Schedule 1 for the registration of a charge (not falling within paragraph (3)) to secure an obligation or liability which is contingent upon the happening of a future event shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge:
Provided that if the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
5
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the chargor, or each of the several chargors if more than one, shall be treated as having effected a single charge the amount of which is equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by the chargor after deducting therefrom the amount secured on it by any prior registered charge.
Large scale applications
6
1
In this article:
a
“large scale application” means an application to which this article applies and which relates to not fewer than 20 units of land as defined in sub-paragraph (b); and
b
“unit of land” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
This article applies to applications for:
a
first registration of title to land;
b
first registration of title to a lease;
c
registration of a transfer of registered land for monetary consideration;
d
registration of a transfer of a registered charge for monetary consideration;
e
registration of a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or a share in a registered charge;
f
registration of a charge.
3
The fee for a large scale application shall be:
a
£20 in respect of each unit of land to which the application relates; or
b
the amount payable in respect of the application under article 2; whichever is the greater.
Fixed fees
7
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A or Form 112B in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Abatements and exemptions
8
1
The abatements set out in Part I of Schedule 4 shall apply in respect of the applications therein mentioned.
2
No fee shall be payable in respect of any of the applications and services specified in Part II of Schedule 4.
PART III
GENERAL AND ADMINISTRATIVE PROVISIONS
Refund of fees
9
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 7(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
10
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
11
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
12
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
13
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale A in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
14
Subject to article 15:
a
every fee shall be paid by means of a cheque or postal order crossed and made payable to H. M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale A in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
15
1
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
2
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account.
3
Where a person or firm having a credit account makes a written application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person’s or that firm’s account.
4
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
5
On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account forthwith.
6
Cheques shall be crossed and made payable to H. M. Land Registry and sent to the Accounts Section, H. M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
7
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
Mackay of Clashfern, C.
Dated 27th July 1992
Tim Wood
Tim Boswell
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 24th August 1992


text:
1
This Order may be cited as the Passenger Transport Executives (Capital Finance) (Temporary Provision) Order 1992 and shall come into force on 13th November 1992.
2
1
During the period commencing on 13th November 1992 and ending on 31st December 1993 article 3(2)(a) of the Passenger Transport Executives (Capital Finance) Order 1990 (“the Principal Order”) shall have effect, except as respects receipts of the descriptions set out in paragraph (2) below, as if for sub-paragraphs (i) and (ii) there were substituted “nil per cent”.
2
The receipts referred to in paragraph (1) above are sums or consideration received by a Passenger Transport Executive which, in accordance with article 2(1) of the Principal Order, are to be treated as being received by the relevant Authority and are sums or consideration received in respect of the disposal of share capital or loan capital in any body corporate.
Signed by the authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
12th November 1992