text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by a broken black line on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Bedfordshire that the new trunk roads are open for through traffic.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classfied road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classfied by the Secretary of State and which does not specifically refer to their classification as principal road;
ii
“the deposited plan” means the plan contained in the plan folio numbered HA10/2E/335 marked “The A6 Trunk Road (North of Bedford-South of Milton Ernest) Detrunking Order 1992”, signed by the authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunks roads” means the trunk roads which the Secreaty of State is authorised to construct in pursuance of the A6 Trunk Road (Clapham Bypass) Order 1992;
iv
“the Trunk Road” means the London-Carlisle Trunk Road (A6).
3
This Order shall come into force on 21st January 1993 and may be cited as the A6 Trunk Road (North of Bedford-South of Milton Ernest) Detrunking Order 1992.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director, Eastern Region,
Department of Transport
22nd December 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Trustee Investments (Additional Powers) Order 1992 and shall come into force on 13th August 1992.
Addition to Part II of the First Schedule to the Trustee Investments Act 1961
2
The powers of investment conferred by section 1 of the Trustee Investment Act 1961 shall be extended by adding National Savings FIRST Option Bonds to paragraph 1 ofPart I of Schedule 1 thereto .
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Cumbria Community and Mental 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 South Cumbria Community and Mental 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 South Cumbria Community and Mental 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 Furness General Hospital, Dalton Lane, Barrow in Furness LA14 4LF and associated hospitals;
b
to manage community health services provided from Community Health Offices, 2 Fairfield Lane, Barrow in Furness, Cumbria LA13 9AH 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 South Cumbria Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The South Cumbria Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Cumbria Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Severn Bridges (Designation of Staff for Transfer) Order 1992 and shall come into force on 25th April 1992.
2
The persons employed by the Avon County Council, whose names and pay numbers are specified in the Schedule to this Order, are hereby designated for the purposes of section 18(2)(b) of the Severn Bridges Act 1992.
Malcolm Rifkind
Secretary of State for Transport
10th March 1992


text:
1
This Order may be cited as the Firemen’s Pension Scheme Order 1992 and shall come into force on 1st March 1992.
2
1
The Orders specified in Schedule 1 are revoked to the extent specified.
2
The Scheme set out in Schedule 2 is brought into operation.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
9th January 1992
We approve
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 1992


text:
Citation Commencement and Introduction
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Amendment) Regulations 1992 and shall come into force on 2nd March 1992.
Preliminary
2
The Disabled Persons (Badges for Motor Vehicles) Regulations 1982 shall be further amended as follows.
Interpretation
3
In regulation 3(1), after the definition of “disabled person’s badge” there shall be inserted the following definition —
“disabled person’s concession” has the meaning given by section 117(3) of the 1984 Act;
.
Amendments relating to manner and circumstances in which a badge may be displayed
4
After Regulation 4, there shall be inserted the following —
Manner in which badges are to be displayed
4A
1
This Regulation has effect for the purpose of prescribing the manner in which a disabled person’s badge may be displayed in accordance with section 21(4A) of the Chronically Sick and Disabled Persons Act 1970.
2
A disabled person’s badge shall be displayed on a vehicle in the relevant position.
3
For the purposes of this Regulation, a disabled person’s badge issued before 2nd March 1992 is displayed on a vehicle in the relevant position if —
a
in the case of a vehicle fitted with a front windscreen, the badge is exhibited thereon on the near side of and immediately behind the windscreen and with its front facing forward so as to be legible from outside the vehicle; or
b
in the case of a vehicle not fitted with a front windscreen, the badge is exhibited in a conspicuous position on the vehicle.
4
For the purposes of this Regulation, a disabled person’s badge issued on or after 2nd March 1992 is displayed on a vehicle in the relevant position if —
a
in the case of a vehicle fitted with a dashboard or facia panel, the badge is exhibited thereon so that Part I of the badge is legible from outside the vehicle; or
b
in the case of a vehicle not fitted with a dashboard or facia panel, the badge is exhibited in a conspicuous position on the vehicle so that Part I of the badge is legible from outside the vehicle.
Display of badges other than institutional badges when vehicles are being driven
4B
1
This Regulation has effect for the purpose of prescribing the circumstances in which a disabled person’s badge issued by virtue of Regulation 5 may be displayed in accordance with section 21(4A) of the Chronically Sick and Disabled Persons Act 1970 while a vehicle is being driven.
2
A disabled person’s badge issued by virtue of Regulation 5 may be displayed on a vehicle while the holder is either driving or is being carried in the vehicle.
3
A disabled person’s badge issued by virtue of Regulation 5 may be displayed on a vehicle while it is being driven in circumstances in which —
a
the vehicle is being used for the collection of the holder and no other purpose;
b
a disabled person’s concession (other than a concession relating to parking) would be available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practicable for the vehicle to be lawfully driven to the place or to stop at the place at which the disabled person is to be collected if that concession did not apply to the vehicle in question.
4
A disabled person’s badge issued by virtue of Regulation 5 may be displayed on a vehicle while it is being driven in circumstances in which —
a
the vehicle, after being driven by or carrying the holder, is leaving the vicinity of the place where he disembarked;
b
a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practicable for the vehicle to have left that vicinity had the disabled person’s exemption not applied to the vehicle in question.
Display of badges other than institutional badges when vehicles are parked
4C
1
This Regulation has effect for the purpose of prescribing the circumstances in which a disabled person’s badge issued by virtue of Regulation 5 may be displayed in accordance with section 21(4A) of the Chronically Sick and Disabled Persons Act 1970 while a vehicle is parked.
2
A disabled person’s badge issued by virtue of regulation 5 may be displayed on a vehicle while it is parked if it —
a
has been driven by the holder to,
b
is to be driven by the holder from,
c
has been used for carrying the holder to, or
d
is to be used for carrying the holder from,
the place where it is parked.
Display of institutional badges when vehicles are being driven
4D
1
This Regulation has effect for the purpose of prescribing the circumstances in which a disabled person’s badge issued by virtue of Regulation 6 may be displayed in accordance with section 21(4A) of the Chronically Sick and Disabled Persons Act 1970 while a vehicle is being driven.
2
A disabled person’s badge issued by virtue of Regulation 6 may be displayed on a vehicle while the vehicle is being used by or on behalf of the holder and carrying a disabled person.
3
Without prejudice to sub-paragraph (2) above, a disabled person’s badge issued by virtue of Regulation 6 may be displayed on a vehicle while it is being used by or on behalf of the holder and driven in circumstances in which —
a
the vehicle is being used for the collection of a disabled person and no other purpose;
b
a disabled person’s concession (other than a concession relating to parking) would be available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practicable for the vehicle to be lawfully driven to the place or to stop at the place at which the disabled person is to be collected if that concession did not apply to the vehicle in question.
4
Without prejudice to sub-paragraph (2), a disabled person’s badge issued by virtue of Regulation 6 may be displayed on a vehicle while it is being used by or on behalf of the holder and driven in circumstances in which —
a
the vehicle, after carrying a disabled person, is leaving the vicinity of the place where he disembarked;
b
a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practical for the vehicle to have left that vicinity had the disabled person’s exemption not applied to the vehicle in question.
Display of institutional badges when vehicles are parked
4E
1
This Regulation has effect for the purpose of prescribing the circumstances in which a disabled person’s badge issued by virtue of Regulation 6 may be displayed in accordance with section 21(4A) of the Chronically Sick and Disabled Persons Act 1970 while a vehicle is parked.
2
A disabled person’s badge issued by virtue of regulation 6 may be displayed on a vehicle while it is parked if it —
a
has been used by or on behalf of the holder for carrying a disabled person to, or
b
is to be used by or on behalf of the holder for carrying a disabled person from, the place where it is parked.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
3rd February 1992
Signed by authority of the Secretary of State for Scotland
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
6th February 1992
Signed by authority of the Secretary of State for Wales
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
4th February 1992


text:
1
This order may be cited as the Fixed Penalty Offences Order 1992 and shall come into force on 1st April 1992.
2
The offence under section 15(4) of the Road Traffic Act 1988 of driving a motor vehicle in contravention of section 15(3) of that Act shall be a fixed penalty offence and, in consequence, the entry in Schedule 3 to the Road Traffic Offenders Act 1988 relating to the Road Traffic Act 1988 shall be modified by the insertion, after the entry relating to section 15(2) of the Road traffic Act 1988, of the words “ RTA section 15(4)” in column (1) and “Breach of restriction on carrying children in the rear of vehicles” in column (2).
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home office
21st February 1992


text:
1
These Regulations shall come into force on 1st December 1992 and may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1992.
2
For the Schedule to the International Carriage of Perishable Foodstuffs Regulations 1985 there shall be substituted the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
28th October 1992


text:
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 1992 and shall come into force on 6th April 1992.
2
The International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 shall be amended in accordance with the provisions of these Regulations.
3
In the Regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(i) £65.70 £68.40 3(ii) £402.80 £419.30 4 £5.80 (In both places where it occurs) £6.00 5(i) £44.50 £46.30 5(ii) £63.60 £66.20
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
9th March 1992
We consent to the making of these Regulations
Gregory Knight
Nicholas Baker
Two of the Lords commissioners of Her Majesty’s Treasury
12th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Personal Protective Equipment (EC Directive) Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
In these Regulations —
“the Directive” means Council Directive 89/686/ EEC on the approximation of the laws of the Member States relating to personal protective equipment , a copy of which is printed in the Schedule to these Regulations;
Scope, Placing on the Market and Free Movement
3
1
The Directive shall have effect within the United Kingdom for the purpose of laying down the conditions governing the placing of products to which the Directive applies on the market and their free movement within the Community and the basic safety requirements which such products must satisfy in order to ensure the health protection and safety of users.
2
For the purposes mentioned in paragraph (1) above —
a
section 13 of the Consumer Protection Act 1987 (prohibition notices and notices to warn) shall (to the extent that it does not already do so) apply in relation to products to which the Directive applies as it applies in relation to relevant goods under that section;
b
these Regulations shall constitute safety provisions for the purposes of section 14 of that Act (suspension notices) and sections 16 and 17 of that Act (forfeiture); and
c
a weights and measures authority in Great Britain or a district council in Northern Ireland shall have the same duty to enforce these Regulations as it has in relation to Part II of that Act, and Part IV of that Act shall apply accordingly.
3
For the purposes of paragraph (2)(a) above any question as to whether products to which the Directive applies are unsafe shall be determined in accordance with the Directive.
4
Paragraph (2)(c) above is without prejudice to the duty of the Health and Safety Executive in relation to section 6 of the Health and Safety at Work etc. Act 1974 or, in Northern Ireland, the duties of the Department of Economic Development and the Department of Agriculture in relation to Article 7 of the Health and Safety at Work (Northern Ireland) Order 1978 (general duties of manufacturers as regards articles and substances for use at work); and no action shall be taken by virtue of that paragraph before 1st January 1994 unless it could have been taken otherwise than by virtue of these Regulations.
5
Nothing in any enactment or rule of law shall prevent the placing on the market of products to which the Directive applies in accordance with the Directive.
Certification and Monitoring Procedures
4
The Secretary of State shall, in accordance with the Directive, approve one or more bodies for the purposes of carrying out the certification and monitoring procedures laid down in the Directive and shall withdraw his approval from such a body if he establishes that the latter no longer satisfies the criteria set out in the Directive.
Edward Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
10th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1992 and shall come into force on 1st June 1992.
2
In these Regulations, “the 1988 Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
Amendment of the 1988 Regulations
2
In regulation 8(2) of the 1988 Regulations (repayment) for the words “one month” there are substituted the words “three months”.
Application of these Regulations
3
1
The amendment made by regulation 2 of these Regulations applies only in relation to a claim for repayment made under regulation 8(2) of the 1988 Regulations in respect of the payment, on or after 1st June 1992, of a relevant charge or relevant travelling expenses, as the case may be.
2
In paragraph (1) above the expressions “relevant charge” and “relevant travelling expenses” shall have the same meaning as in the 1988 Regulations.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister
Department of Health
5th May 1992


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Falkland Islands) Order 1992.
2
It is hereby declared —
a
that the arrangements specified in the Arrangement set out in the Schedule to this Order which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Falkland Islands) Order 1984 , have been made with the Government of the Falkland Islands with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Falkland Islands; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Magistrates' Courts Committees (Constitution) (Amendment) Regulations 1992 and shall come into force on 17th September 1992.
2
Unless a contrary intention appears, a regulation or schedule referred to means the regulation in or Schedule to the Magistrates' Courts Committees (Constitution) Regulations 1973 .
The Magistrates' Courts Committees (Constitution) Regulations 1973
2
The following shall be inserted after Regulation 4: —
4A
1
Members shall be appointed to fill any vacancies on the committee for a petty sessional area, after an election held in accordance with Regulation 5 below, on 1 February of each year.
2
Such appointments shall take effect from 1 April thereafter.
3
A candidate for appointment must be nominated by four justices and must give written notice of his candidature, together with written details of his qualifications, experience, interests or any other matter which might support his candidature, to the clerk to the justices not later than 30 November.
4B
Where the number of nominees under Regulation 4A(3) exceeds the number of vacancies on the committee, the clerk to the justices shall, as soon as is practicable (and, in any case, not later than 11 January), send to each justice a ballot paper, listing the names of each candidate, and a copy of the details supplied under paragraph 4A(3).
.
3
In regulation 5, for paragraphs (1) and (2) there shall be substituted the following: —
1
Elections under Regulation 4A(1) shall be by postal ballot.
2
Each justice shall be entitled to cast one vote for as many candidates as he wishes, not exceeding the number of vacancies on the committee.
.
4
After Regulation 5(4) there shall be inserted the following: —
5
Rule 8 of the Justices of the Peace (Size and Chairmanship of Bench) Rules 1990 shall apply as appropriate to such elections as though they were elections under Rules 6 or 9 of those Rules.
.
5
In Regulation 6(1) for the words “the first day of December” there shall be substituted “1 April”.
6
In Regulation 6(2): —
a
after the word “appoint” there shall be inserted the words “a justice”;
b
the words “be made in the same manner, and when so made shall” shall be deleted; and
c
for the figure “5” there shall be substituted “4A”.
7
The following shall be inserted after Regulation 8: —
9
1
Where a person is invited by a committee to attend any meeting or meetings of the committee for the purposes of this regulation, and that invitation is not withdrawn, he shall be entitled —
a
to attend that meeting or those meetings; and
b
to make, in accordance with paragraph (3) below, representations to the committee on items of business transacted thereat.
2
Subject to paragraphs (4) to (6) below, an invitation under this regulation may be given in respect of —
a
the meetings of the committee generally (a “standing invitation”); or
b
any meeting or meetings of the committee specified or described in the invitation.
3
The items of business on which a person who attends a meeting pursuant to an invitation under this regulation may make representations to the committee are: —
a
where the invitation specifies or describes any item or items in that behalf, that item or those items; or
b
where the invitation does not specify or describe any item or items in that behalf, all items.
4
A standing invitation shall only be given to a person who has been approved by the Lord Chancellor for that purpose.
5
No more than two standing invitations shall be in force at any time.
6
For the purposes of paragraph (5), a standing invitation is in force if it has been made and not withdrawn.
7
Nothing in this regulation shall be taken to affect the right of members, clerks and officers of the committee to attend meetings of the committee.
.
8
In the Schedule: —
a
paragraph 2 shall be deleted; and
b
in paragraphs 3 and 4 the words “and 2” shall be deleted; and
c
in paragraph 4, for the figure “35” wherever it appears there shall be substituted the figure “20”.
Transitional provisions
9
Notwithstanding the provisions of Regulation 6, where individuals are members of committees at the date of this instrument, their appointments as committee members shall not expire until 31st March 1993.
Mackay of Clashfern, C.
Dated 26th August 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Warwickshire 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 North Warwickshire 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 North Warwickshire 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 Chelmsley Hospital, Coleshill Road, Marston Green, Birmingham B37 7HL and associated hospitals;
b
to manage community health services provided from 139 Earls Road, Nuneaton CV11 6QL 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 North East Warwickshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North East Warwickshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North East Warwickshire 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.
Signedby authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
1
1
This Order may be cited as the Telecommunications Act 1984 (Extension of Relevant Period) (No. 3) Order 1992 and shall come into force on 4th August 1992.
2
The Telecommunications Act 1984 (Extension of Relevant Period) Order 1986 and the Telecommunications Act 1984 (Extension of Relevant Period) (No. 2) Order 1989 are hereby revoked.
2
The relevant period for the purposes of paragraph 1 of Schedule 5 to the Telecommunications Act 1984 shall be ten years beginning with 5th August 1984.
E. Leigh
Parliamentary Under Secretary of State,
Department of Trade and Industry
13th July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1992 and shall come into force on 1st April 1992.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
Spray suppression devices
1
Regulation 64 shall be amended as follows.
2
After paragraph (2), there shall be inserted the following paragraph–
2A
This regulation shall not apply to a vehicle fitted with a spray-suppression system in accordance with the requirements of Annex III of Community Directive 91/226 if the spray suppression devices with which the vehicle is equipped are legibly and permanently marked with a designated approval mark.
3
In paragraph (4), after the definition of “the British Standards Specification” there shall be inserted the following definition–
“designated approval mark” means the marking designated as an approval mark by regulation 5 of the Approval Marks Regulations and shown at item 30 in Schedule 4 to those Regulations;
.
Consequential amendments
3
In Table I of Schedule 2, after item 60–
61 91/226 27.3.91 L103, 23.4.91, p.5 Spray-suppression systems of certain categories of motor vehicles and their trailers
Christopher Chope
Parliamentary Under Secretary of State
Department of Transport
11th March 1992


text:
1
This Order may be cited as the Ports Act 1991 (Transfer of Local Lighthouses: Appointed Day) Order 1992.
2
April 1st 1993 is hereby appointed as the transfer date for the purposes of section 32 of the Ports Act 1991.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
5th October 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
Paragraph (1)(a) of regulation 7 (Revocation of licences) of the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990 shall be amended by the substitution of “liability to epileptic seizures” for “an epileptic attack since attaining the age of 5 years”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
8th December 1992


text:
Citation and commencement
1
These Regulations may be cited as The Health and Safety (Miscellaneous Provisions) (Metrication etc.) Regulations 1992 and shall come into force on 10th September 1992.
PART I
[METRICATION AND REVOCATIONS OF MISCELLANEOUS PROVISIONS]
Interpretation
2
In this Part, unless the context otherwise requires, “the principal instruments” means the Acts referred to in column 1 of Part I of Schedule 1 to these Regulations and the Orders and Regulations referred to in column 1 of Part II of that Schedule.
Amendments to the principal instruments to substitute metric measurements for imperial measurements
3
1
The provisions of the principal instruments specified in Schedule 1 to these Regulations in column 1 (the subject matter of which is described in column 2) shall be amended by substituting for the measurements or expressions set out opposite thereto in column 3, the measurements or expressions set out in the corresponding entry in column 4.
2
For the Schedule to the Cotton Cloth Factories Regulations 1929 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Application to existing plant, buildings and other permanent structures
4
Where the measurements relating to any plant, buildings or other permanent structure in existence or under construction immediately before the coming into force of these Regulations complied with the requirements of the principal instruments as then in force in so far as they related to the measurements of that plant, building or other permanent structure, then such compliance shall be deemed to be compliance with the principal instruments as amended by these Regulations.
Revocations
5
1
The Order dated 30th December 1903 modifying the proportion of cubic feet of space to be provided in certain bakehouses (The Modification of Space in Bakehouses Order 1903) shall be revoked.
2
Article 4 of the Notification of Employment of Persons Order 1964 (which specifies the size of the form to be used for notification) shall be revoked.
PART II
AMENDMENTS TO ENACTMENTS AND INSTRUMENTS RELATING TO HUMID FACTORIES NOT INVOLVING METRICATION
Amendments to the Factories Act 1961
6
1
Section 68 of the Factories Act 1961 (relating to humid factories) shall be amended in accordance with the following paragraphs of this regulation.
2
After subsection (2) there shall be inserted the following subsection —
2A
In this section, unless the context otherwise requires —
“dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in this section to a dry bulb thermometer, or without qualification to a thermometer, shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature;
“hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place;
“wet bulb temperature” means either —
the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometers; or
the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive,
and any reference in this section to the reading of the wet bulb thermometer shall be taken to be a reference to the wet bulb temperature.
3
In subsection (3) —
a
in the opening words after the words “two hygrometers” there shall be inserted the words “and a thermometer close to each hygrometer”, and the words from “conforming to” to “be prescribed” shall be repealed;
b
in sub-paragraph (a) for the word “fixed” there shall be substituted the word “placed”;
c
sub-paragraph (b) shall be repealed;
d
in sub-paragraph (c) after the words “read the hygrometers” there shall be inserted the words “and the thermometers”, and at the end of the subparagraph, the words from “which shall be provided” to the end of that subparagraph shall be repealed.
e
for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
the records of the wet bulb temperature or temperature and hygrometer readings shall be kept by the occupier for at least two years from when they were made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation.
.
4
In subsection (5) for the words “in the table of humidity” there shall be substituted the words “in Schedule 1 to this Act”.
5
In subsection (7), for the word “fixed” —
a
in the first place where it occurs, there shall be substituted “and one thermometer close to it placed”; and
b
in the second place where it occurs, there shall be substituted “and ther mometers placed”.
6
In subsection (8) the words from “and a copy” to the end of the subsection shall be repealed.
7
Section 79 of the Factories Act 1961 (restriction of approval of plans for cotton cloth factories) shall be repealed.
Amendments to the Flax and Tow Spinning and Weaving Regulations 1906
7
1
In addition to the amendments made by Part I of these Regulations (relating to metrication) the Flax and Tow Spinning and Weaving Regulations 1906 shall be amended in accordance with the following paragraphs of this regulation.
2
In the preliminary part of the Regulations dealing with definitions, after the words “In these Regulations” there shall be inserted at the appropriate places the following definitions —
“Dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in these Regulations to a dry bulb thermometer or without qualification to a “thermometer” shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature.
“Hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place.
“Wet bulb temperature” means either —
the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of the air around the thermometer; or
the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive,
and any reference in these Regulations to the reading of the wet bulb thermometer shall be treated as a reference to the wet bulb temperature.
.
3
For regulation 4 there shall be substituted the following regulation —
4
1
In every room in which wet spinning is carried on, or in which artificial humidity is produced in aid of manufacture a hygrometer and a thermometer close to the hygrometer shall be positioned in the centre of the room or in such other position as may be directed by an inspector by notice in writing.
2
The hygrometer and the thermometer shall be read between 10 and 11 a.m. on every day that any person is employed in the room and again between 3 and 4 p.m. on every day that any person is employed in the room agter 1 p.m. and a record of all such readings shall be kept.
3
The said record shall be kept by the occupier for at least two years from when it was made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation.
.
4
There shall be inserted the following regulation as regulation 12 —
12
1
Subject to paragraph (2) of this Regulation, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
.
Amendments to the Hemp Spinning and Weaving Regulations 1907
8
1
In addition to the amendments made by Part I of these Regulations (relating to metrication) the Hemp Spinning and Weaving Regulations 1907 shall be amended in accordance with the following paragraphs of this regulation.
2
In the preliminary part of the Regulations dealing with definitions, after the words “In these Regulations” there shall be inserted at the appropriate places the following definitions —
“Dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in the Regulations to a dry bulb thermometer or without qualification to a “thermometer” shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature.
“Hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place.
“Wet bulb temperature” means either —
the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometer; or
the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive,
and any reference in these Regulations to the reading of the wet bulb thermometer shall be treated as a reference to the wet bulb temperature.
.
3
For regulation 6 there shall be substituted the following regulation —
6
1
In every room in which artificial humidity of air is produced in aid of manufacture, a hygrometer and a thermometer close to the hygrometer shall be positioned in the centre of the room or in such other position as may be directed by an inspector by notice in writing.
2
The hygrometer and the thermometer shall be read between 11 and 12 a.m. on every day that any person is employed in the room and again between 4 and 5 p.m. on every day that any person is employed in the room after 1 p.m. and a record of all such readings shall be kept.
3
The said record shall be kept by the occupier for at least two years from when it was made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation.
4
Paragraphs (2) and (3) of this Regulation shall not apply to any room in which the difference of reading between the wet and dry bulb thermometers is never less than 2 degrees, if notice of the intention to work on that system has been given in writing to an inspector.
.
4
There shall be inserted the following regulation as regulation 7 —
7
1
Subject to paragraph (2) of this Regulation, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
.
Amendments to the Cotton Cloth Factories Regulations 1929
9
1
In addition to the amendments made by Part I of these Regulations (relating to metrication) the Cotton Cloth Factories Regulations 1929 shall be amended in accordance with the following paragraphs of this regulation.
2
In the preliminary part of the Regulations dealing with definitions, for the definition of “hygrometer” there shall be substituted at the appropriate places the following definitions —
“Dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference in the Regulations to a dry bulb thermometer or without qualification to a thermometer shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken to be a reference to the dry bulb temperature.
“Hygrometer” means an accurate and properly maintained and calibrated instru ment for the measurement of the relative humidity in the work-place.
“Wet bulb temperature” means either —
the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometer; or
the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive.
In these Regulations references to the dry bulb reading of the hygrometer and the wet bulb reading of the hygrometer shall be taken to be references to the dry bulb temperature and the wet bulb temperature respectively.
.
3
The preliminary part of the Regulations dealing with exemptions shall be revoked.
4
For regulation 3 there shall be substituted the following regulation —
3
In each weaving shed two hygrometers and a thermometer close to each hygrometer and one additional hygrometer and thermometer for every 500 or part of 500 looms in excess of 700 looms shall be provided, in such positions as may be approved by an inspector.
.
5
For regulation 4 there shall be substituted the following regulation —
4
1
In every weaving shed the readings of each hygrometer and thermometer provided in pursuance of regulation 3 shall be observed on every day on which any workers are employed in the shed, between 15 and 30 minutes from the commencement of work, between 11 a.m. and 12 noon and (except on Saturday) between 4 and 5 p.m. and a record of those readings shall be made.
2
The said records shall be kept by the occupier for at least two years from when they were made and the occupier shall give his employees immediate access to those records on request together with such information as is necessary for their interpretation.
.
6
In regulation 6(c) the words from “in such manner” to the end of the subparagraph shall be revoked.
7
There shall be inserted the following regulation as regulation 10A —
10A
1
Subject to paragraph (2) of this Regulation, the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
.
8
In regulation 12 after the word “hygrometer” there shall be inserted the words “and thermometers”.
Amendments to the Jute (Safety, Health and Welfare) Regulations 1948
10
1
In addition to the amendments made by Part I of these Regulations (relating to metrication) the Jute (Safety, Health and Welfare) Regulations 1948 shall be amended in accordance with the following paragraphs of this regulation.
2
After regulation 1 there shall be inserted the following regulation —
Interpretation
1A
1
In these Regulations unless the context otherwise requires —
“dry bulb temperature” means the temperature measured by an accurate and properly maintained thermometer (which may form part of the hygrometer) and any reference without qualification in the Regulations to a thermometer shall be taken to be a reference to such a thermometer and a reference without qualification to temperature shall be taken as a reference to the dry bulb temperature;
“hygrometer” means an accurate and properly maintained and calibrated instrument for the measurement of the relative humidity in the work-place;
“wet bulb temperature” means either —
the temperature indicated by the wet bulb of a static hygrometer which relies on natural circulation of air around the thermometer; or
the temperature calculated from the dry bulb temperature and relative humidity by the method approved for the time being by the Health and Safety Executive.
2
In these Regulations references to the dry bulb reading of the hygrometer and the wet bulb reading of the hygrometer shall be taken as references to the dry bulb temperature and the wet bulb temperature respectively.
.
3
After regulation 3 there shall be inserted the following regulation —
3A
1
Subject to paragraph (2) of this Regulation, the Health and Safety Excutive may, by a certificate in writing, exempt any person or class of persons, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
.
4
For paragraph (2) of regulation 17 there shall be substituted the following paragraph —
2
A hygrometer and a thermometer close to it shall be kept as near as practicable to the centre of every room, and if an inspector so directs, a second hygrometer and thermometer shall be placed at the side of the room or in such other position as may be directed by an inspector.
.
5
Paragraphs (3) and (4) of regulation 17 shall be revoked.
6
For paragraph (3) of regulation 18 there shall be substituted the following paragraph —
3
For the purposes of this Regulation, in the case of a room in which two hygrometers and two thermometers are placed in accordance with regulation 17 the readings to be recorded are the average of those of both hygrometers or both thermometers as the case may be.
.
7
Schedule 2 to the Regulations shall be revoked.
Revocation of the Flax and Hemp (Record of Humidity) Order 1961
11
The Flax and Hemp (Record of Humidity) Order 1961 shall be revoked.
PART III
AMENDMENTS RELATING TO THE VALUE AND DETERMINATION OF THE FLASH POINT OF PETROLEUM-SPIRIT
Amendments for the purpose of this Part
12
1
These amendments shall have effect in relation to the value of the flash point of petroleum-spirit and the methods for determining it.
2
The provisions of the Petroleum (Consolidation) Act 1928 specified in Part I of Schedule 3 to these Regulations in column 1, shall be repealed or modified to the extent specified in the corresponding entry in column 2.
3
The provisions of the instruments specified in Part II of Schedule 3 to these Regulations in column 1, shall be revoked or modified to the extent specified in the corresponding entry in column 2.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
21st July 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Attendance Allowance) Amendment Regulations 1992 and shall come into force on 6th April 1992.
2
In these Regulations “the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 .
Amendment of regulation 4 of the Attendance Allowance Regulations
2
In regulation 4 of the Attendance Allowance Regulations (allowance payable before the date of claim in renewal cases)–
a
in paragraph (a), the words “or the care component of a disability living allowance” shall be omitted;
b
in paragraph (b), for the word “either” there shall be substituted the word “the”; and
c
for the words “an attendance allowance may be paid” to the end of the regulation there shall be substituted the words “that person shall be entitled to an attendance allowance for a period starting on the day after the date on which the period referred to in paragraph (b) has ended and ending with the date of claim if the claimant has satisfied the condition mentioned in paragraph (a) of subsection (1) of section 35 of the Act or the condition mentioned in paragraph (b) of that subsection or both those conditions throughout that period.”.
Amendment of regulation 6 of the Attendance Allowance Regulations
3
In regulation 6 of the Attendance Allowance Regulations (hospitalisation), inparagraph (3)–
a
at the end of the definition of “National Health Service trust” there shall be added the words “and section 12A of the NHS Act of 1978”; and
b
at the end of the definition of “recognised fund-holding practice” there shall be added the words “and section 87A of the NHS Act of 1978”.
Amendment of regulation 7 of the Attendance Allowance Regulations
4
In regulation 7 of the Attendance Allowance Regulations (persons in certain accommodation other than hospitals), at the beginning of paragraph (2), there shall be inserted the words “Paragraph (1)(b), in so far as it relates to enactments relating to persons under disability or to education or training not referred to in paragraph (1)(a), and”.
Amendment of regulation 8 of the Attendance Allowance Regulations
5
In regulation 8 of the Attendance Allowance Regulations (exemption from regulations 6 and 7), for paragraph (1) there shall be substituted the following paragraph–
1
Regulation 6, or as the case may be, regulation 7, shall not, subject to paragraph (3), apply to a person in respect of the first 28 days of any period during which he–
a
is undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 6; or
b
would, but for this regulation, be prevented from receiving an attendance allowance by reason of regulation 7(1).
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
11th March 1992


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
For sub-paragraphs (1) and (2) of regulation 6(6) of the Fire Services (Appointments and Promotion) Regulations 1978 there shall be substituted —
6
A member of a brigade shall not be eligible to enter for any of the examinations specified in Part I of Schedule 1 or 2, or in Schedule 3, as the case may be, if —
a
i
in the immediately preceding year, he entered for the examination in question but attended the sitting of none of the papers for which he entered in that examination and
ii
he has not satisfied the Fire Services Examinations Board that he had a reasonable excuse for such non-attendance, or
b
in the two successive immediately preceding years he has failed the examination in question and has, on each occasion, obtained less than 25% of the total marks available in that examination.
6A
Any excuse submitted for the purposes of paragraph (6)(a) above must be notified to the Fire Services Examinations Board within 21 days of the date of the sitting of the final paper in the examination to which it relates.
6B
Paragraph (6) above shall not apply in respect of —
a
non-attendance at the sitting of papers, or
b
failure to achieve 25% or more of the total marks available,
in an examination before 1st April 1991.
6C
Where a member of a brigade, on or after1st April 1991 and before 1st April 1992, entered for an examination for which, by reason only of —
a
non-attendance at the sitting of papers in an examination before 1st April 1991, or
b
failure to obtain 25% or more of the total marks available in an examination before that date,
he was not eligible to enter, he shall betreated for the purposes of these Regulations as if he was eligible to enter and, accordingly, as if he entered for, the examination in question.
Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
4th February 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1992.
2
In this Order —
“the 1991 Act ” means the Road Traffic Act 1991;
“ Schedule 5 ” means Schedule 5 to the Local Government Act 1985 ; and
“ the Director ” has the same meaning as in paragraph 5 of Schedule 5 (as substituted by the 1991 Act).
3
A reference in this Order to the council of a London borough shall be construed in accordance with paragraph 13 of Schedule 5.
Commencement provisions
2
The following provisions of the 1991 Act shall come into force on 1st September 1992 —
a
section 81, to the extent necessary for the bringing into force of the provision referred to in sub-paragraph (b) below; and
b
paragraph 8 of Schedule 7.
Transitional provisions
3
1
This article has effect where, before 1st September 1992, notice has been given to the Secretary of State in accordance with sub-paragraph(2) of paragraph 5 of Schedule 5 (as originally enacted) of a proposal to exercise a power to which that paragraph then applied.
2
If the requirements of paragraph (b) of that sub-paragraph are satisfied in relation to the proposal before that date then, as from that date, paragraph 5(3) of Schedule 5 (as substituted by the 1991 Act) shall not apply in relation to the exercise of that power in the way in question.
3
In any other case, the notice shall have effect as if it had been given to the Director in accordance with paragraph 5(4)(a) of Schedule 5 (as substituted by the 1991 Act).
4
Where a council of a London borough gives notice to the Secretary of State after the making of this Order and before 1st September 1992 in such manner as he may require of a proposal to exercise a power —
a
to which paragraph 5(3) of Schedule 5 (as substituted by the 1991 Act) applies after 1st September; but
b
to which paragraph 5(2) of Schedule 5 (as originally enacted) does not apply at the date the notice is given;
the notice shall have effect as if it had been given to the Director in accordance with paragraph 5(4)(a) of Schedule 5 (as substituted by the 1991 Act).
5
Nothing in paragraph 8 of Schedule 7 to the 1991 Act shall affect the validity of anything done before 1st September 1992 or prevent the continuation of the exercise of any power falling within sub-paragraph(a) of article 4 which was commenced before that date.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
10th August 1992


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1992 and shall come into force on 17th December 1992.
Amendment of regulation 12D of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
2
For sub-paragraph (c) of paragraph (2) of regulation 12D of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be actively seeking employment) there shall be substituted the following sub-paragraph–
c
if he is a blind person, a maximum of 6 weeks, whether consecutive or not, during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
19th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern General Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 1st January 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Southern General Hospital 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 Southern General Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as the Southern General Hospital, Belvidere Hospital Limb and Appliance Centre and the School of Podiatric Medicine, all Glasgow including the management of the teaching and research facilities associated with that establishment and the Support Services related thereto.
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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board 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 Greater Glasgow Health Board 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 the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State,
Scottish Office St Andrew’s House,
Edinburgh
22nd December 1992


text:
1
These Regulations shall come into force on 1st July 1992 and may be cited as the Motor Vehicles (Third Party Risks) (Amendment) Regulations 1992.
2
The Motor Vehicles (Third Party Risks) Regulations 1972 shall be amended —
a
in regulations 7(2), 9(1)(c)(i) and 10(3) by the substitution of the words “the sum for the time being specified in section 144(1) of the Road Traffic Act 1988” for the words “the sum of fifteen thousand pounds in accordance with the provisions of section 144(1) of the Act”; and
b
in the Schedule by the substitution —
i
in Form E in Part 1, of the words “the sum for the time being specified in section 144(1) of the Road Traffic Act 1988” for the words “the sum of fifteen thousand pounds”; and
ii
in paragraph 1 of Part 2, of the words “on a white background” for the words “on white paper or similar material”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
3rd June 1992


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 2) Regulations 1992 and shall come into force on 31st March 1992.
2
Paragraph (1) of regulation 28 (Effect of the change in classification on entitlement to drive large buses) of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended by the substitution of “1st October 1992” for “1st April 1992”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Andover District Community Health Care 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 Andover District Community Health Care 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 Andover District Community Health Care 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 Andover War Memorial Community Hospital, Andover SP10 3LB and associated hospitals;
b
to manage community health services provided from Andover War Memorial Community Hospital, Andover SP10 3LB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Winchester 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 Winchester 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 Winchester 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:
Citation, commencement and interpretation
1
1
This Order may be cited as the Harrogate Health Care National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 1st April 1992.
2
In this Order —
“the Authority” means Harrogate Health Authority;
“the Trust” means the Harrogate Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 16th December 1991 which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
5th March 1992


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 and shall come into force on 1st March 1992.
2
The Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1986 the Lawnmowers (Harmonization of Noise Emission Standards) (Amendment) Regulations 1987 and the Lawnmowers (Harmonisation of Noise Emission Standards) Regulations (Northern Ireland) 1990 are hereby revoked provided that those Regulations shall continue to apply to lawnmowers to which these Regulations do not apply by virtue of regulation 2(1) and (2).
Application of Regulations
2
1
Subject to paragraph (2) of this regulation, these Regulations do not apply to any lawnmower which was supplied for the first time in the Community before 1st March 1992.
2
As from 1st March 1994 these Regulations do not apply to any lawnmower which the supplier proves was supplied for the first time in the Community before 1st March 1992.
3
These Regulations do not apply to any lawnmower which the supplier reasonably believes will not be used in the United Kingdom or any other member State.
Interpretation
3
1
In these Regulations, unless the context otherwise requires, the following expressions shall have the following meanings —
“certificate of conformity” means a certificate, in the form set out for the purposes of illustration in Schedule 1, based on a laboratory test report on a lawnmower of the same type as the particular lawnmower to which the certificate relates, issued by the manufacturer, or importer domiciled in the Community, in which the manufacturer, or importer domiciled in the Community, certifies —
the maximum sound power level of that lawnmower guaranteed by the manufacturer, and that the maximum sound power level does not exceed the permissible sound power level for a lawnmower of that cutting width; and
in the case of a wide lawnmower, the maximum sound pressure level of that lawnmower guaranteed by the manufacturer, and that the maximum sound pressure level does not exceed the permissible sound pressure level;
“the Community” means the European Economic Community;
“the Directive” means Council Directive 84/538/ EEC on the approximation of the laws of the member States relating to the permissible sound power level of lawnmowers as amended by Commission Directive 87/252/EEC adapting it to technical progress and by Council Directive 88/180/EEC extending it to motorised cylinder mowers and by Council Directive 88/181/EEC extending it, in the case of wide lawnmowers, to their permissible sound pressure level and amending the requirements for narrow lawnmowers ;
“EEC sound power level mark” means a mark in the form set out in Schedule 2A which indicates the maximum sound power level of a lawnmower expressed in dB(A)/pW as guaranteed by the manufacturer and as certified in the certificate of conformity issued in respect of that lawnmower;
“EEC sound pressure level mark” means a mark in the form set out in Schedule 2B which indicates themaximum sound pressure level of a lawnmower expressed in dB(A)/20 μPa as guaranteed by the manufacturer and as certified in the certificate of conformity issued in respect of that lawnmower;
“laboratory test report” means a report issued in accordance with Schedule 3 by a listed laboratory on a lawnmower submitted to that body for testing or an equivalent report by a body charged by a member State other than the United Kingdom with functions corresponding to those of a listed laboratory;
“lawnmower” means any motorised equipment appropriate for the upkeep by cutting, by whatever method, of areas under grass used for recreational, decorative or similar purposes, but excluding —
agricultural and forestry equipment;
non-independent devices, such as drawn cylinders, with cutting devices actuated by the wheels or by an integrated drawing or carrier component;
multi-purpose devices the main motorized components of which have an installed power of over 20 kW ;
“narrow lawnmower” means an electrically powered lawnmower with a cutting width of less than 30cm;
“wide lawnmower” means a lawnmower with a cutting width exceeding 120cm and having a seat attached in a suitable way to a structural component of the lawnmower;
“listed laboratory” means a body approved by the Secretary of State for the purposes of regulation 5;
“permissible sound power level” means the sound power level specified in the second column of the Table in Schedule 4 in respect of a lawnmower with the cutting width specified in the first column of that Table;
“permissible sound pressure level” means the sound pressure level of airborne noise of 90 dB(A) , in respect of a wide lawnmower;
“sound power level” means the sound power level as measured in accordance with Schedule3;
“sound pressure level” means the sound pressure level when measured at the operator’s position in accordance with Schedule 3; and
“supply” is to be read in accordance with Section 46 of the Consumer Protection Act 1987 , and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings.
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Prohibition on supply
4
1
Subject to the exception in paragraph (2) of this regulation, no person shall supply any lawnmower to which these Regulations apply unless —
a
the sound power level does not exceed the permissible sound power level for that lawnmower and, in the case of a wide lawnmower, the sound pressure level does not exceed the permissible sound pressure level;
b
it is accompanied by a certificate of conformity (which may be reproduced on the directions for use or on the guarantee certificate accompanying that lawnmower); and
c
prior to such supply, there has been placed on that lawnmower in aclearly visible and durable fashion either directly or on a plate (suchas a riveted or self adhesive plate) —
i
a mark or marks which identify the manufacturer of the lawnmower and describe the type of lawnmower;
ii
except in the case of a narrow lawnmower, an EEC sound power level mark; and
iii
in the case of a wide lawnmower, an EEC sound pressure level mark.
2
This regulation does not apply to the supply by any person of a lawnmower which has, prior to such supply, been taken into service in the Community.
Listed laboratories
5
1
A listed laboratory —
a
may, on receipt of an application containing information and documents in accordance with Schedule 5, carry out in accordance with Schedule 3 the tests required by the applicant on a lawnmower submitted to it as representative of a specific type of lawnmower to measure the sound power level or, in the case of a wide lawnmower, the sound pressure level or both in respect of that lawnmower, and
b
after payment of the prescribed fee, if so required, shall issue a test report in accordance with Schedule 3 in respect of the lawnmower submitted for testing.
2
Any approval of a body as a listed laboratory by the Secretary of State for the purposes of paragraph (1) of this regulation, may be given for an unlimited period or a specified period and may be given subject to terms and conditions and the Secretary of State may withdraw any such approval if the body ceases to comply with any such term or condition.
Prescribed fee
6
A listed laboratory may require a fee to be paid by the applicant in connection with the work done or to be done by it under regulation 5 (in regulation 5 described as the prescribed fee) and the fee in every case shall not exceed the sum of —
a
the costs of the listed laboratory of and in connection with the work done or to be done by it under regulation 5; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and the extent of the work done or to be done by the listed laboratory under regulation 5, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
Conformity checks
7
1
The Secretary of State may from time to time carry out checks on any lawnmower to which these Regulations apply and which is, for the time being, held in the United Kingdom by or on behalf of the manufacturer, or importer domiciled in the Community, or other supplier to ascertain whether it conforms with the requirements of regulation 4.
2
In Northern Ireland the powers conferred by paragraph (1) of this regulation shall be exercisable by the Department of Economic Development in Northern Ireland.
Offences
8
1
Any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 4 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £1000.
2
Where the commission by any person of an offence under paragraph (1) of this regulation is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-named person.
Offences by Corporations
9
1
Where an offence under these Regulations committed by a body corporate 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 purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such a partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Reay
Parliamentary Under Secretary of State for Industry and Technology,
Department of Trade and Industry
3rd February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 and shall come into force on 5th October 1992.
2
Regulations 12 to 21 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the Income Support Regulations .
3
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regula-tions 1987 .
Amendment of regulation 2 of the Disability Working Allowance Regulations
2
In regulation 2(1) of the Disability Working Allowance Regulations (interpretation) —
a
after the definition of “lone parent” there shall be inserted the following definition —
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
b
after the definition of “the Macfarlane Trust” there shall be inserted the following definition —
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise;
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than an allowance paid pursuant to arrangements made under section 2 of the Employment and Training Act 1973 , or that he is training as a teacher;
Schedule of amendments relating to Disability Working Allowance
3
The Schedule to these Regulations, which contains minor and miscellaneous amendments to the Disability Working Allowance Regulations, shall have effect.
Amendment of regulation 2 of the Family Credit Regulations
4
In regulation 2(1) of the Family Credit Regulations (interpretation) after the definition of “employed earner” there shall be inserted the following definition —
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
Amendment of regulation 15 of the Family Credit Regulations
5
In paragraph (2) of regulation 15 of the Family Credit Regulations (normal weekly earnings of self-employed earners) the words “or by reference” to the end of the paragraph shall be omitted.
Amendment of regulation 20 of the Family Credit Regulations
6
In regulation 20(4)(a) of the Family Credit Regulations (calculation of net earnings of employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 20A of the Family Credit Regulations
7
In regulation 20A of the Family Credit Regulations (calculation of bonus or commission) —
a
for the words “dividing that sum by 52, less — ”, there shall be substituted the words “deducting from it — ”;
b
in paragraph (c) for the word “scheme.” there shall be substituted the word “scheme;”; and
c
at the end of the regulation there shall be added the words “and dividing the resulting sum by 52.”.
Amendment of regulation 23 of the Family Credit Regulations
8
In regulation 23(1) of the Family Credit Regulations (deduction of tax and contributions for self-employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 26 of the Family Credit Regulations
9
In regulation 26(6)(a) of the Family Credit Regulations (notional income) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 37 of the Family Credit Regulations
10
In regulation 37 of the Family Credit Regulations (interpretation) in the definition of “a course of advanced education” —
a
in paragraph (a) for the words “a higher national diploma of the Business & Technician Education Council” there shall be substituted the words “a higher national diploma or higher national certificate of either the Business & Technician Education Council”;
b
in paragraph (b) —
i
for the words “a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council” there shall be substituted the words “a national diploma or national certificate of either the Business & Technician Education Council or the Scottish Vocational Education Council”;
ii
for the words “(higher grade)” there shall be substituted the words “(higher level)”.
Amendment of regulation 47 of the Family Credit Regulations
11
In regulation 47 of the Family Credit Regulations (applicable amount) for the words preceding the words “for the purposes of section 20(5)(a) of the Act” there shall be substituted the words —
Applicable amount
47
1
The applicable amount
.
Amendment of regulation 2 of the Income Support Regulations
12
In regulation 2(1) of the Income Support Regulations (interpretation) after the definition of “long tenancy” there shall be inserted the following definition —
“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act;
Amendment of regulation 6 of the Income Support Regulations
13
In regulation 6 of the Income Support Regulations (persons not treated as engaged in remunerative work) —
a
in paragraph (h) the word “or” shall be deleted;
b
in paragraph (j) for the words “1989” there shall be substituted the words “1989; or”;
c
after paragraph (j) there shall be added the following paragraph —
k
he is engaged in caring for a person who is accommodated with him by virtue of arrangements made under any of the provisions referred to in paragraph 26 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) and is in receipt of any payment specified in that paragraph.
.
Amendment of regulation 12 of the Income Support Regulations
14
In regulation 12(2) of the Income Support Regulations (relevant education) —
a
in sub-paragraph (a) for the words “a higher national diploma of the Business & Technician Education Council” there shall be substituted the words “a higher national diploma or higher national certificate of either the Business & Technician Education Council”;
b
in sub-paragraph (b) —
i
for the words “a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council” there shall be substituted the words “a national diploma or national certificate of either the Business & Technician Education Council or the Scottish Vocational Education Council”;
ii
for the words “(higher grade)” there shall be substituted the words “(higher level)”.
Amendment of regulation 21 of the Income Support Regulations
15
1
Regulation 21 of the Income Support Regulations (special cases) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) in the definition of “residential accommodation”, for the words “paragraphs (3A) and (4)” there shall be substituted the words “paragraphs (3A), (4) and (4A)”;
3
After paragraph (4) there shall be added the following paragraph —
4A
In paragraph (3), sub-paragraph (d)(i) in the definition of “residential accommodation” shall apply only to accommodation —
a
where no cooked or prepared food is made available to the claimant in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both of those charges, or
b
where such food is actually made available for his consumption on payment of a further charge or charges.
.
Amendment of regulation 37 of the Income Support Regulations
16
In regulation 37 of the Income Support Regulations (earnings of self-employed earners) for paragraph (2) there shall be substituted the following paragraph —
2
“Earnings” shall not include —
a
where a claimant is involved in providing board and lodging accommoda-tion for which a charge is payable, any payment by way of such a charge;
b
any payment to which paragraph 26 of Schedule 9 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation).
.
Amendment of regulation 39 of the Income Support Regulations
17
In regulation 39(1) of the Income Support Regulations (deduction of tax and contributions for self-employed earners) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 42 of the Income Support Regulations
18
In regulation 42(8)(a) of the Income Support Regulations (notional income) —
a
for the words “the basic rate of tax” there shall be substituted the words “the lower rate or, as the case may be, the lower rate and the basic rate of tax”;
b
after the words “less than a year,” there shall be inserted the words “the earnings to which the lower rate and, if appropriate, the basic rate of tax is to be applied and”.
Amendment of regulation 61 of the Income Support Regulations
19
In regulation 61 of the Income Support Regulations (interpretation) , in the definition of “a course of advanced education” —
a
in paragraph (a) for the words “a higher national diploma of the Business & Technician Education Council” there shall be substituted the words “a higher national diploma or higher national certificate of either the Business & Technician Education Council”;
b
in paragraph (b) —
i
for the words “a national diploma of the Business & Technician Education Council or a national certificate of the Scottish Vocational Education Council” there shall be substituted the words “a national diploma or national certificate of either the Business & Technician Education Council or the Scottish Vocational Education Council”;
ii
for the words “(higher grade)” there shall be substituted the words “(higher level)”.
Amendment of regulation 62 of the Income Support Regulations
20
In regulation 62 of the Income Support Regulations (calculation of grant income) in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.
Amendment of Schedule 3 to the Income Support Regulations
21
In paragraph 11(8) of Schedule 3 to the Income Support Regulations (non-dependant deductions) for the words “any attendance allowance or disability living allowance received by him” there shall be substituted the words —
a
any attendance allowance or disability living allowance received by him;
b
any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 40 (calculation of income other than earnings) would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and
c
any payment which had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments) .
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
7th September 1992


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 5) Order 1992 and shall come into force on 8th January 1993.
Designation
2
For the purposes of section 2(2) of the European Communities Act 1972 the Friendly Societies Commission is hereby designated in relation to the authorisation of the carrying on by friendly societies of insurance business and the regulation of such business and its conduct and in relation to anything supplemental or incidental to such matters.
N. H. Nicholls
Clerk of the Privy Council