text:
Citation, commencement and duration
1
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Traffic Order 1992 and shall come into force on 9th March 1992.
2
This Order shall remain in force for 18 months and then cease to have effect.
Interpretation
2
1
In this Order —
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“designated parking place” means a parking place designated by an Order under Section 45 of the Road Traffic Regulation Act 1984;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” and “London local service licence” have the same meaning as in Part II of the Transport Act 1985 ; and
“trunk road red route” has the meaning given in article 3.
2
References in this Order to a disabled person, to a disabled person’s vehicle and to a vehicle displaying a disabled person’s badge in the relevant position shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 .
3
For the purposes of this Order, a vehicle shall be deemed —
a
to have stopped or to be at rest in a length of road specified in a Schedule if any point in that length of road is below the vehicle or its load (if any) and the vehicle is at rest; or
b
to have waited for more than a period specified in article 4(2) in a length of road specified in a Schedule if any one point in that length of road is below the vehicle or its load (if any) throughout a period exceeding the specified period whether or not the vehicle is moved during that period;
and for the purposes of article 4(2), any time during which a vehicle is at rest in the circumstances set out in articles 6 to 9 shall not be regarded as a previous period when that vehicle was at rest.
4
A reference in this Order to a length of road specified in a Schedule or in Part of a Schedule is —
a
if the Schedule is Schedule 1, a reference to every part of the length of road described in a single paragraph in that Schedule or Part of that Schedule; or
b
if the Schedule is Schedule 2, 3 or 4, a reference to every part of the length of road described in a single paragraph of the Schedule or Part of the Schedule in question which lies between the edge of the carriageway and the centre of the road on the side stated in that paragraph or otherwise indicated in that Schedule;
and a reference to the name of a road is, where applicable, a reference to so much of that road which is in the London Borough of Islington.
5
Unless the context otherwise requires, a reference in this Order —
a
to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order, and
b
to a numbered paragraph is a refernce to the paragraph bearing that number in the article in which the reference occurs.
Application
3
This Order shall apply to the lengths of road in the London Borough of Islington specified in Schedule 1 (such lengths being referred to in this Order collectively as the “trunk road red route”).
Restrictions on vehicles stopping or remaining at rest
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the restricted hours in the trunk road red route.
2
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours —
a
in any length of road specified in Part I, II or III of Schedule 2 for a period of up to 1 hour not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours; or
b
in any length of road specified in any of Parts I to VIII of Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle —
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes, whichever is the less.\
3
Paragraph (1) does not prohibit a person from causing or permitting a vehicle displaying a disabled person’s badge in a relevant position to wait during the prescribed hours —
a
in a length of road specified in any of Parts I to V of Schedule 2, or
b
in any length of road specified in Parts I to VIII of Schedule 3 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours.
4
In this article “restricted hours”, in relation to a length of road specified in a Part of Schedule 1, means — \
a
in relation to a length of road specified in Part I of Schedule 1, the period from 0800 hours to 1900 hours on Mondays to Fridays inclusive, and
b
in relation to a length of road specified in Part II of Schedule 1, the period from 0800 hours to 1900 hours on Mondays to Saturdays inclusive.
5
In this article, “prescribed hours”, in relation to a length of road specified in a Part of a Schedule shown in an item in column (3) of the Table below, means the period shown in that item in column (2) of that Table.
Table
(1) (2) (3) Item Prescribed hours Provision
1 0800 hours to 1900 hours on Schedule 2, Parts I and III Mondays to Fridays inclusive. Schedule 3, Part I 2 0800 hours to 1900 hours on Schedule 3, Part II Mondays to Saturdays inclusive. 3 0800 hours to 1600 hours on Schedule 2, Part V Mondays to Saturdays inclusive. 4 0800 hours to 1300 hours on Schedule 3, Part III Mondays to Fridays inclusive. 5 0800 hours to 1300 hours on Schedule 3, Part IV Mondays to Saturdays inclusive. 6 1000 hours to 1600 hours on Schedule 2, Parts II and IV Mondays to Fridays inclusive. Schedule 3, Part V 7 1000 hours to 1600 hours on Schedule 3, Part VI Mondays to Saturdays inclusive. 8 1300 hours to 1900 hours on Schedule 3, Part VII Mondays to Fridays inclusive. 9 1300 hours to 1900 hours on Schedule 3, Part VIII Mondays to Saturdays inclusive.
Prohibitions on vehicles stopping or remaining at rest
5
Notwithstanding anything in article 4 no person shall cause or permit a vehicle to stop or remain at rest at any time —
a
in any part of the trunk road red route other than at the edge of the carriageway, or
b
in any length of road specified in Schedule 4 (all such lengths being comprised in the trunk road red route).
Exemptions from prohibitions and restrictions
6
Nothing in this Order applies to a vehicle being used for the provision of a London bus service —
a
under a London local service licence; or
b
for which such a licence is not required by virtue of section 35(2) or 36(1) of the Transport Act 1985,
when in an area bounded by a traffic sign consisting of markings of a type shown in diagram 1025 or 1025.2 in Schedule II to the Traffic Signs Regulations 1981 .
7
Nothing in this Order prohibits a person from causing or permitting —
a
a licensed cab to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a person to board or alight from the vehicle or to load or unload his personal luggage;
b
a vehicle which is displaying a disabled person’s badge in the relevant position to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
c
a disabled person’s vehicle to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
d
a vehicle to wait at any place for so long as may be necessary for the purpose of obtaining or giving help required as a result of an accident or emergency or taking any other action in the interests of public safety; or
e
a vehicle to wait at any place while any gate or other barrier at the entrance to premises to which the vehicle is proceeding, or from which it has emerged, is opened or closed, if it is not reasonably practicable for the vehicle to wait at a place where it would otherwise be lawful for the vehicle to wait.
8
Nothing in this Order applies to —
a
a vehicle being used —
i
for fire brigade, ambulance or police purposes;
ii
for the removal of any obstruction to traffic; or
iii
in connection with the maintenance, improvement or reconstruction of any road;
b
a vehicle when the driver is —
i
required by law to stop or not to proceed;
ii
obliged to stop in order to avoid an accident;
iii
prevented from proceeding by circumstances outside his control; or
c
a licensed cab on a cab rank.
9
Nothing in this Order applies to a vehicle in a designated parking place.
10
Nothing in this Order applies to anything done with the permission or at the direction of a constable in uniform or a traffic warden.
Power to modify or suspend this Order
11
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interest of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after —
a
consulting with the Commissioner of Police of the Metropolis, and
b
giving such notice as the Secretary of State may direct,
he may make modification of any description to this Order or suspend this Order or any provision of this Order.
12
The power to make modifications under article 11 does not extend to making additions to this Order to designate additional parking places on a highway for which charges are made.
Suspensions and Revocations
13
1
The following Orders are hereby suspended in so far as they apply to the trunk road red route —
a
the Greater London (Waiting Restriction) (Exemptions for Disabled Persons) Order 1975 , and
b
the Islington (Waiting and Loading Restriction) Order 1976 .
2
The following Orders are hereby revoked: —
a
the A1 Trunk Road (Islington) Red Route Experimental Traffic Order 1990 ;
b
the A1 Trunk Road (Islington) Red Route Experimental Traffic (Amendment) Order 1991 ;
c
the A1 Trunk Road (Islington) Red Route Experimental Traffic (Amendment) ( No. 2) Order 1991 .
Signed by authority of the Secretary of State for Transport.
P. E. Butler
Assistant Secretary London Regional Directorate of the
Department of Transport
28th February 1992


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Increase of Consideration for Fuel) Order 1992 and shall come into force in relation to a taxable person from the beginning of the first of his prescribed accounting periods which begins after 5 April 1992.
2
For Table A in paragraph 2 of Schedule 6 to the Finance Act 1986, there shall be substituted the following —
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 3 month period 1 month period
£ £
Diesel engine
2000 or less
115 38 More than 2000 148 49
Any other type of engine
1400 or less
125 42 More than 1400 but not more than 2000 158 53 More than 2000 235 78
3
For Table B in paragraph 3 of Schedule 6 to the Finance Act 1986, there shall be substituted the following —
TABLE B
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 3 month period 1 month period
£ £
Diesel engine
2000 or less
58 19 More than 2000 74 25
Any other type of engine
1400 or less
63 21 More than 1400 but not more than 2000 79 26 More than 2000 118 39
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


text:
1
These Regulations may be cited as the Excise Duties (Small Non-Commercial Consignments) Relief (Amendment) Regulations 1992 and shall come into force on 31st August 1992.
2
The Schedule to the Excise Duties (Small Non-Commercial Consignments) Relief Regulations 1986 shall be varied by substituting for the quantity shown in paragraph (3) in relation to toilet water (“.25 litre or 8 ounces”) the quantity “250 millilitres”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
21st July 1992


text:
1
1
This Order may be cited as the Cayman Islands (Constitution) (Amendment) Order 1992 and shall be construed as one with the Cayman Islands (Constitution) Order 1972 .
2
The Cayman Islands (Constitution) Order 1972 and this Order may be cited together as the Cayman Islands (Constitution) Orders 1972 to 1992.
3
This Order shall come into force on such date as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette.
Citation, construction and commencement.
2
Section 17(2)(c) of the Constitution of the Cayman Islands shall be amended by substituting the word “fifteen” for the word “twelve”.
Amendment of Section 17 of Constitution.
3
Section 34(2) of the Constitution of the Cayman Islands shall be amended by substituting the word “eight” for the word “seven”. Amendment of Section 34 of Constitution.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hastings and Rother National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 8th September 1992.
2
In this Order
“The Authority” means Hastings Health Authority;
“the Trust” means the Hastings and Rother 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 24th June 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust Property
2
On 8th September 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
11th August 1992


text:
1
This Order may be cited as the British Technology Group Act 1991 (Government Shareholding) Order 1992 and shall come into force on 1st August 1992.
2
The target investment limit in relation to the Government shareholding shall be nil.
M. Heseltine
Secretary of State,
Department of Trade and Industry
16th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Good Hope Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Good Hope 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 Good Hope Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Good Hope General Hospital, Rectory Road, Sutton Coldfield, West Midlands B75 7RR and associated hospitals.
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 Birmingham 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 premises to the trust.
2
The North Birmingham 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 Birmingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 14 and Transitional Provision) Order 1992.
2
In this Order, “the 1990 Act ” means the Town and Country Planning Act 1990 .
Commencement of provisions concerning planning obligations and local planning authorities: distribution of functions
2
The following provisions of the Planning and Compensation Act 1991 shall come into force on 9th November 1992 —
section 12(1), so far as it is not yet in force;
section 32, in so far as it relates to paragraphs 9(2)(d) (so far as that paragraph is not yet in force), 53(5) (so far as that paragraph is not yet in force), 54(2), (3)(b) and (f) and 57(2)(f) of Schedule 7; and
section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 specified in the Schedule to this Order.
Transitional provision
3
The amendments made to paragraph 8 of Schedule 1 to the 1990 Act by paragraph 53(5) of Schedule 7 to the Planning and Compensation Act 1991 shall not apply to an application for planning permission or an application for approval of a matter reserved under an outline planning permission within the meaning of section 92 of the 1990 Act made before the coming into force of this Order nor to any alteration to that application accepted by the authority .
Signed by authority of the Secretary of State for the Environment.
G. S. K. Young
Minister of State,
Department of the Environment
5th November 1992
David Hunt
Secretary of State for Wales
6th November 1992


text:
Title and commencement
1
These Regulations may be cited as the Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992 and shall come into force on 31st December 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“aflatoxins” means all or any of aflatoxin B1, aflatoxin B2, aflatoxin G1 and aflatoxin G2, as, in each case, more particularly specified by its full chemical name in Schedule 1;
“authorised officer” means an authorised officer of a food authority (including, where appropriate, a food authority being a receiving authority under Part II of Schedule 3);
“Council Regulation” means Council Regulation ( EEC ) No. 2658/87 as amended ;
“designated place” means any place reasonably designated by an authorised officer for the purposes of inspection of food under these Regulations;
“dried figs” means the fruit which falls within category 0804 20 90 of the combined nomenclature subheadings of the Council Regulation;
“dried fig product” means any food at least half of which consists (by weight) of dried figs, except that for the purposes of regulations 7, 9(1)(b) and (e) and 10(2), and Schedule 4, it shall also include any food containing dried figs in a lesser amount;
“food authority” does not include the appropriate Treasurers referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“importer”, in relation to imported nuts, nut products, dried figs, dried fig products or any of them includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the nuts, nut products, dried figs, dried fig products or any of them or is in any way entitled to the custody or control of them, and “import” shall be construed accordingly;
“nuts” means the nuts listed in column 1 of Schedule 2, the corresponding Council Regulation combined nomenclature subheadings for which appear in column 2 of Schedule 2;
“nut product” means any food at least half of which consists (by weight) of nuts or of any substance (save where that substance consists exclusively of edible oil) derived from nuts, and for the purposes of regulations 7, 9(1)(b) and (e) and 10(2), and Schedule 4, it shall also include–
any food consisting of nuts or of any substance (including edible oil) derived from nuts in a lesser amount, and
edible oils derived wholly or partly from nuts;
“processing” shall not include any method of treatment which reduces the proportion of total aflatoxins in any consignment merely by blending or mixing that consignment with another which has a lower level of aflatoxins;
“sell” includes offer or expose for sale or have in possession for sale, “sale” shall be construed accordingly and, in relation to nuts, nut products, dried figs, dried fig products or any of them, “consumer sale” means a sale of them–
to the ultimate consumer, or
in packaging in which they are ready for delivery to the ultimate consumer;
“total aflatoxins” means the sum of the concentrations of aflatoxins;
“ultimate consumer” has the meaning assigned to it by the Food Labelling Regulations 1984 .
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Scope
3
These Regulations do not apply to any nuts, nut products, dried figs, dried fig products or any of them which are not intended for sale for human consumption.
Certification of what constitutes a consignment
4
1
Subject to the provisions of paragraph (2) below, the importer into Great Britain from a country outside the European Economic Community of any nuts, nut products, dried figs or dried fig products which are the subject of these Regulations shall, in relation to them, give to an authorised officer a certificate (or certificates) identifying the consignment (or consignments) that those nuts, nut products, dried figs or dried fig products constitute, and for the purposes of these Regulations “consignment” shall be taken to be such certificated amount (or amounts) of nuts, nut products, dried figs or dried fig products.
2
In certifying what is to constitute a consignment for the purposes of these Regulations, an importer shall —
a
limit each consignment —
i
to an amount not exceeding 25,000 kilograms,
ii
to only one of the categories —
aa
nuts,
bb
nut products,
cc
dried figs,
dd
dried fig products; and
b
account for all of the nuts, nut products, dried figs or dried fig products that he is, at the time of certification, importing or intending to import.
Importation procedure
5
1
No person shall import any consignment of nuts, nut products, dried figs and dried fig products or any of them into Great Britain from a country outside the European Economic Community except —
a
through an authorised place of entry designated under regulation 6; and
b
in accordance with the procedure set out in either Part I or Part II of Schedule 3.
2
No person shall sell any nut, nut product, dried fig or dried fig product from a consignment which has been imported in contravention of paragraph (1) above.
Authorised places of entry
6
1
The Ministers may by notice published in the London Gazette (in relation to a place in England and Wales) or in the Edinburgh Gazette (in relation to a place in Scotland) designate a place of entry as an authorised place of entry for the purposes of these Regulations either–
a
generally, or
b
specifically, in relation to a class of nuts, nut products, dried figs and dried fig products or any of them specified in the notice.
2
The Ministers may also, by authorisation in writing, designate a place of entry as an authorised place of entry for a particular consignment of nuts, nut products, dried figs, dried fig products or any of them specified in the authorisation.
Consumer sales
7
No person shall make a consumer sale of any nut, nut product, dried fig, dried fig product or any of them which, when analysed using a method which complies with the performance parameters set out at paragraph 5 of Schedule 4, has a level of total aflatoxins of more than 4 micrograms per kilogram.
Duties of authorised officers
8
1
In carrying out any inspection under either paragraphs 2 or 3 of Part I, or paragraph 3 of Part II, of Schedule 3, an authorised officer shall take all reasonable steps —
a
to ensure that the transport of the consignment and its placing on the market is not unduly delayed, and
b
to avoid causing any delays that might adversely affect the quality of the nuts, nut products, dried figs and dried fig products, or any of them, in the consignment.
2
Where notice is given to an importer under paragraph 3(2) of Part I of Schedule 3 requiring the destruction or disposal of a consignment, an authorised officer shall make an endorsement on any papers accompanying the consignment, so as to indicate clearly the requirement under the notice.
3
An endorsement made under paragraph (2) above may at any time be deleted or amended by an authorised officer and it shall be so deleted if the notice is rescinded by a magistrates' court order (or in Scotland, by a sheriff) under paragraph 5(b) of Part I of Schedule 3 that the notice shall no longer have effect.
Offences and enforcement
9
1
Any person who —
a
imports a consignment of nuts, nut products, dried figs and dried fig products or any of them in contravention of any requirement imposed by or under these Regulations or sells any nut, nut product, dried fig or dried fig product from a consignment that has been so imported, or
b
makes a consumer sale of any nut, nut product, dried fig, dried fig product or any of them in contravention of any requirement imposed by or under these Regulations, or
c
in dealing with a consignment of nuts, nut products, dried figs and dried fig products or any of them, does not do so in accordance with a requirement imposed by or under these Regulations in relation to such dealing, or
d
uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular in connection with the importation of a consignment of nuts, nut products, dried figs, dried fig products or any of them, or
e
uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular in connection with the consumer sale of nuts, nut products, dried figs, dried fig products or any of them,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum, or
ii
on conviction on indictment to a fine.
2
Subject to paragraph (3) below, the provisions of these Regulations shall be enforced by any food authority in whose area any nuts, nut products, dried figs or dried fig products the subject of these Regulations are found.
3
The provisions of these Regulations shall be enforced by any port health authority in whose district any nuts, nut products, dried figs or dried fig products the subject of these Regulations are found.
Defences
10
1
In any proceedings for an offence against these Regulations it shall be a defence for the person charged to prove that the food, in respect of which the offence is alleged to have been committed —
a
was intended for export and complied with the importing country’s domestic food legislation relevant to the alleged offence; or
b
was intended for export and was prepared and labelled for sale before 31st December 1992.
2
In any proceedings for an offence against these Regulations consisting of the consumer sale of nuts, nut products, dried figs or dried fig products or any of them containing a level of total aflatoxins of more than 4 micrograms per kilogram of the food, it shall be a defence to show that the nuts or dried figs, or in the case of nut products or dried fig products the nut or dried fig element of such products, in relation to which the offence is alleged to have been committed comes from a lot or batch of nuts or dried figs that has previously been certified by an analytical laboratory (further to sampling and analysis carried out in accordance with Schedule 4) as containing a level of total aflatoxins of no more than 4 micrograms per kilogram of, as the case may be, nuts or dried figs.
3
For the purposes of paragraph (2) above, “analytical laboratory” means any laboratory which —
a
was, at the time of giving the certificate in question, a participant in a proficiency testing scheme which conformed to the International Harmonised Protocol for the Proficiency Testing of (Chemical) Analytical Laboratories prepared, jointly, by the International Union of Pure and Applied Chemistry, the International Standards Organisation and the AOAC International, and
b
in the round of testing conforming to that Protocol which took place closest to the date of performing the analysis on the basis of which the certificate in question was given, achieved Z scores (as defined in that Protocol) of between - 3 and + 3 (inclusive).
Application of various provisions of the Food Safety Act 1990
11
1
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
section 33 (obstruction etc. of officers);
g
section 36 (offences by bodies corporate);
h
section 44 (protection of officers acting in good faith).
2
Section 8(3) (which makes presumptions in the case of batches etc. of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
3
Section 9 (inspection and seizure of suspected food) of the Act shall apply for the purposes of these Regulations as if food which it is an offence to sell under them were food which failed to comply with food safety requirements.
4
Section 30 (analysis etc. of samples) of the Act shall apply to these Regulations subject to such modifications as are necessary for the purposes of these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th December 1992.
John Selwyn Gummer
Minister of Agriculture,
Fisheries and Food
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
15th December 1992
David Hunt
Secretary of State for Wales
16th December 1992
Hector Munro
Parliamentary Under-Secretary of State,
Scottish Office
14th December 1992


text:
1
These Rules may be cited as the Probation (Amendment) (No. 2) Rules 1992, and shall come into force on 1st October 1992.
2
The Probation Rules 1984 shall have effect subject to the amendments specified in the Schedule to these Rules.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
28th August 1992


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Pensions Business) (Transitional Provisions) Regulations 1992 and shall come into force on 2nd October 1992.
Interpretation
2
In these Regulations unless the context otherwise requires —
“accounting period” means any accounting period in relation to which Schedule 19AB has effect;
“the Board” means the Commissioners of Inland Revenue;
“the closing transitional date” shall be construed in accordance with regulation 3(2);
“the corresponding accounting period”, in relation to a provisional repayment period, is the accounting period in which that provisional repayment period falls;
“insurance company” means a company to which Part II of the Insurance Companies Act 1982 applies;
“the Management Act ” means the Taxes Management Act 1970 ;
“maximum reduced entitlement” has the meaning given by paragraph 4(6) of Schedule 19AB;
“the opening transitional date” shall be construed in accordance with regulation 3(1);
“paragraph 4” and “paragraph 5” mean, respectively, paragraph 4 and paragraph 5 of Schedule 19AB;
“provisional repayment” has the meaning given by paragraph 6(1) of Schedule 19AB and “provisional repayment period” shall be construed in accordance with paragraph 1 of that Schedule;
“Schedule 19AB” means Schedule 19AB to the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Specification of “the opening transitional date” and “the closing transitional date”
3
1
The date specified by these Regulations as “the opening transitional date” for the purpose of paragraph 4 is 2nd October 1992.
2
The date specified by these Regulations as “the closing transitional date” for the purpose of paragraph 4 is 1st January 1999.
Reduction of provisional repayment by prescribed percentage
4
1
This regulation prescribes the percentage by which the amount of any provisional repayment to which an insurance company would otherwise be entitled under Schedule 19AB for any accounting period ending after the opening transitional date and before the closing transitional date shall be reduced.
2
The prescribed percentage is 7.5 per cent.
Requirements to be specified in claim for provisional repayment
5
An insurance company claiming a provisional repayment for a provisional repayment period falling within any accounting period ending after the opening transitional date and before the closing transitional date shall specify in the claim —
a
the maximum amount to which it could have been entitled by way of provisional repayment for that provisional repayment period apart from these Regulations;
b
the maximum reduced entitlement for that provisional repayment period; and
c
the amount of the provisional repayment claimed for that provisional repayment period.
Interest where a provisional repayment exceeds the maximum reduced entitlement for a provisional repayment period
6
1
In any case where an insurance company claims, and is paid, by way of provisional repayment an amount in excess of the maximum reduced entitlement for the provisional repayment period to which the claim relates, interest shall be charged for the period specified in paragraph (2) at the rate specified in paragraph (3).
2
The period specified in this paragraph is a period beginning on the date on which the amount of the excess is paid to the company and ending on the first occurrence of any of the following —
a
the date on which that amount is repaid to the Board;
b
the date on which the company becomes entitled to that amount when effect is given to a claim such as is mentioned in section 7(6) of the Taxes Act , in section 42(5A) of the Management Act or in sub-paragraph (2) of paragraph 5, made in respect of the corresponding accounting period; or
c
the date on which the company becomes entitled to that amount when the assessment to corporation tax for the corresponding accounting period becomes final and conclusive.
3
The rate specified in this paragraph is the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 87A of the Management Act .
4
Interest charged by virtue of paragraph (1) shall be treated for the purposes of section 30 of the Management Act as if it were an amount of corporation tax which had been repaid and which ought not to have been repaid.
5
In relation to an amount assessed to corporation tax under section 30 of the Management Act by virtue of these Regulations, section 87A of that Act shall apply with the modifications specified in paragraph (6).
6
The modifications specified in this paragraph are that —
a
the amount assessed to corporation tax under section 30 of the Management Act by virtue of these Regulations shall be taken to have become due and payable on the date on which that assessment was made; and
b
the words “(in accordance with section 10 of the principal Act)” in subsection (1) shall accordingly be disregarded.
Claims during transitional application of pay and file provisions
7
A claim under sub-paragraph (2) of paragraph 5 shall be made at the time of the delivery of the return under section 11 of the Management Act for the accounting period to which the claim relates.
A. M. W. Battishill
C. W. Corlett
Two of the Commissioners of Inland Revenue
29th September 1992


text:
1
The City of Coventry (North-South Road Phase 1) (Coventry Canal Bridges) Scheme 1990 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and at the offices of the City of Coventry, Council House, Coventry, CV1 5RR.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the City of Coventry (North-South Road Phase 1) (Coventry Canal Bridges) Scheme 1990 Confirmation Instrument 1992.
Signed by the authority of the Secretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Transport
24th July 1992


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 6) Regulations 1992 and shall come into force on 6th January 1993.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th December 1992” there shall be substituted “6th January 1993”;
b
for “9 per cent. per annum” there shall be substituted “8·25 per cent. per annum”.
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 1992


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Dioxins) (England) (No.2) (Revocation) Order 1992 and shall come into force on 16th December 1992.
Revocation
2
The Food Protection (Emergency Prohibitions) (Dioxins) (England) (No.2) Order 1992( ) is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th December 1992.
Derek Andrews
Permanent Secretary Ministry of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St Helens and Knowsley Hospital Services National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 15th October 1992.
2
In this Order:
“the Authority” means St Helens and Knowsley Health Authority;
“the Trust” means the St Helens and Knowsley Hospital Services 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 10th July 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 15th October 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th September 1992


text:
Title and commencement
1
This Order may be cited as the Sea Fish Licensing Order 1992 and shall come into force on 13th November 1992.
Interpretation
2
In this Order —
“ICES” followed by a roman numeral with a letter shall be construed as a reference to whichever of the statistical divisions of the International Council for the Exploration of the Sea described in the Schedule to this Order is identified therein by that roman numeral and letter;
“length” in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“mile” means an international nautical mile of 1,852 metres.
Prohibition of fishing without a licence and exceptions thereto
3
1
Subject to paragraph (2) below, fishing anywhere by fishing boats which are registered in the United Kingdom or are British-owned is hereby prohibited unless authorised by a licence granted —
a
in the case of fishing by British-owned fishing boats registered in the Isle of Man for herring ( Clupea harengus ) in ICES VIIa (Irish Sea), by the Department of Agriculture, Fisheries and Forestry, the Isle of Man; and
b
in any other case, by one of the Ministers.
2
The prohibition in paragraph (1) above shall not apply to fishing —
a
for salmon or migratory trout;
b
by handline for mackerel ( Scomber scombrus );
c
by any boat whose length is not more than 10 metres, except in the case of a boat fishing for herring —
i
in ICES VIIa (Irish Sea);
ii
in ICES VIIg (South-east of Ireland);
iii
in ICES VIIh (Little Sole Bank);
iv
in ICES VIIj (Great Sole Bank);
v
in ICES VIIk (West of Great Sole Bank);
vi
in the Thames and Blackwater coastal area, that is to say the area of sea within a zone delimited by a line running due south from Landguard Point in 51°56' north latitude and 1°19'.1 east longitude to 51°33' north latitude and thence due west to a point on the coast of England;
vii
in the Firth of Clyde, that is to say the area of sea which lies landward of a line drawn from a point on the mainland of Scotland at 55°17'.9 north latitude and 5°47'.8 west longitude (Mull of Kintyre) to a point on the mainland of Scotland at 55°00'.5 north latitude and 5°09'.4 west longitude (Corsewall Point);
d
by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline;
e
in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man and the Channel Islands respectively is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to the United Kingdom and France respectively.
Enforcement
4
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below anywhere in relation to any British fishing boat registered in the United Kingdom and any British-owned fishing boat (not so registered).
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
5
The Sea Fish Licensing Order 1989 , the Sea Fish Licensing (Variation) (No.2) Order 1990 and the Sea Fish Licensing (Variation) Order 1991 are hereby revoked.
In witness whereof the Official Seal of the Minist er of Agriculture, Fisheries and Food is hereto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
19th October 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd October 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd October 1992
Patrick Mayhew
Secretary of State for Northern Ireland
21st October 1992


text:
1
This Order may be cited as The Sexual Offences (Amendment) Act 1992 (Commencement) Order 1992.
2
The Sexual Offences (Amendment) Act 1992 shall come into force on 1st August 1992.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd June 1992


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to bespecified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
except where otherwise expressly provided, all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM71 marked “The A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunk road” have the meanings given in article 1 of this and “the slip roads” Order;
iii
“the new trunk roads” means the highways mentioned in article 1 of this Order;
iv
“the main A564 Trunk Road” means the new trunk road which the Secretary of State proposes to construct pursuant to article 1(a) of the A564 TrunkRoad (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) ( No. 2)Order 1992;
v
“the A6 Trunk Road” means the A6 London — Inverness Trunk Road; and
vi
“the A5111 Trunk Road” means the A5111 Nottingham — Derby — Stoke-on-Trent Trunk Road.
5
This Order shall come into force on 14th February 1992 and may be cited as the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass, Derby Spur and Junctions) Order 1992.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1992 and shall come into force on 6th April 1992.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , and the Pensions Increase (Review) Order 1991 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension”have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of thisOrder, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 6th April 1992 as follows —
1
a pension beginning before 8th April 1991 may be increased by 4.1 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 8th April 1991 and before 6th April 1992 may be increased by 4.1 per cent multiplied by
A B
where
a
A is the number of complete months in the period between thebeginning date of the pension and 6th April 1992, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 6th April 1992 but on or after 8th April 1991 there may be paid an increase of 4.1 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between thebeginning date for the lump sum or, if later, 8th April 1991 and thedate on which it became payable; and
b
B is 12
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimumpension on 6th April 1992, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises, be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
6
The amount by reference to which any increase in the rate of awidow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Irvine Patnick
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations —
“the 1990 Act ” means the Environmental Protection Act 1990; and
“transport costs” includes any contribution made by a waste disposal authority to a collection authority under section 52(10) of the 1990 Act.
Determination of a waste disposal authority’s net saving of expenditure where waste is to be recycled
2
1
A waste disposal authority’s net saving of expenditure for the purposes of section 52(1) or (3) of the 1990 Act in relation to waste which is retained or collected for recycling shall be determined in accordance with the following provisions of this regulation.
2
The authority’s net saving of expenditure shall be an amount equal to half the expenditure which it would have incurred in disposing of the waste at a cost per tonne equal to its average cost per tonne at the relevant time of disposing of similar waste using its most expensive disposal method unless it is shown that its net saving of expenditure is a higher amount, in which case it shall be that amount.
3
In determining its average cost per tonne of disposing of similar waste, the authority shall take into account —
a
the market value at the relevant time of any of its assets (including land) used in connection with disposal of that waste;
b
any expenditure incurred by the authority in operating any site or transfer station used in connection with the disposal of that waste;
c
any transport costs incurred by the authority in relation to that waste;
d
any expenditure which will be incurred in closing, restoring and subsequently maintaining any site belonging to the authority which is used for the disposal of that waste; and
e
any other expenditure incurred by the authority in relation to that waste.
4
No account shall be taken of expenditure incurred by the authority in determining the amount of, or in making, any payment under section 52(1) or (3) of the 1990 Act.
5
If a determination cannot be made under paragraph (2) because sufficient accurate information is not available or could only be obtained at a disproportionate cost, the authority’s net saving of expenditure shall be determined by reference to the relevant figure shown in the Schedule hereto.
Michael Heseltine
Secretary of State for the Environment
26th February 1992
David Hunt
Secretary of State for Wales
26th February 1992
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
2nd March 1992


text:
Title, commencement and revocation
1
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) Regulations 1992 and shall come into force on 30th January 1992.
2
The Medicines (Medicated Animal Feeding Stuffs) Regulations 1989 and the Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1990 are hereby revoked.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Medicines Act 1968;
“the Department” means the Department of Agriculture for Northern Ireland;
“the Department of Health (N.I.)” means the Department of Health and Social Services for Northern Ireland;
“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“fish farmer” means —
a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 ; or
a person to whom a licence has been granted by the Department under section 11 of the Fisheries Act (Northern Ireland) 1966 ;
“intermediate feed” means a medicated feeding stuff (not being a final medicated feeding stuff) sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“medicinal product” means a medicinal product as defined in section 130 of the Act and, for the purposes of these Regulations, includes “intermediate feed”;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“placing on the market” means the holding for sale or disposal in any other form whatever to third parties, whether or not for consideration, and actual sale or disposal;
“prescription only medicine” means a medicinal product falling within a description or class for the time being specifed for the purposes of section 58 of the Medicines Act 1968 in an Order made under that section ;
“the Register” means the Register kept under regulation 7(1) —
by the registrar as respects Great Britain, or
by the Department as respects Northern Ireland;
“the registrar” means any person appointed under section 1 of the Pharmacy Act 1954 as registrar for the purposes of that Act;
“the Society” means the Royal Pharmaceutical Society of Great Britain;
“veterinary written direction” means a written direction given by a veterinary surgeon or a veterinary practitioner in accordance with regulation 6;
“withdrawal period” means the period from cessation of medication of an animal with a medicated feeding stuff to slaughter of that animal for human consumption or to the taking of products derived from such an animal for human consumption.
2
Without prejudice to section 11 of the Interpretation Act 1978 , references in these Regulations to the incorporation of a medicinal product in an animal feeding stuff shall be construed as provided in section 40(11) of the Act.
3
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule which bears that number in these Regulations.
Register of Manufacturers of animal feeding stuffs
3
1
For the purposes of these Regulations the registrar and the Department shall each continue to keep a Register —
a
Part A of which shall be a list of persons entitled in the course of a business carried on by them —
i
to incorporate medicinal products in any animal feeding stuff on premises in respect of which their names are entered in that Part of the Register, and to place on the market animal feeding stuffs in which medicinal products have been incorporated by them;
ii
to store on premises in respect of which their names are entered in that Part of the Register any animal feeding stuff in which medicinal products have been incorporated by them; and
b
Part B of which shall be a list of persons as being persons entitled, in the course of a business carried on by them —
i
to incorporate medicinal products in any animal feeding stuff on premises in respect of which their names are entered in that Part of the Register at a rate of at least 2 kilograms per tonne, and to place on the market animal feeding stuffs in which medicinal products have been so incorporated by them;
ii
to store on premises in respect of which their names are entered in that Part of the Register any animal feeding stuff in which medicinal products have been incorporated by them.
2
Where a person who, whilst carrying on a business elsewhere than in Northern Ireland, makes an application in writing to the registrar on or after the date these Regulations come into force for his name to be entered in Part A or Part B of the Register, in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person using mobile mixing equipment, in respect of the premises where that equipment is normally kept, the registrar shall, subject to paragraphs (7) and (8) below, enter his name in Part A or Part B of the Register in respect of those premises.
3
Where a person who, whilst carrying on a business in Northern Ireland, makes an application in writing to the Department on or after the date these Regulations come into force for his name to be entered in Part A or Part B of the Register, in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person using mobile mixing equipment, in respect of the premises where that equipment is normally kept, the Department shall, subject to paragraphs (7) and (8) below, enter his name in Part A or Part B of the Register in respect of those premises.
4
Subject to paragraphs (9) and (11) below, a person whose name is entered in the Register in respect of any premises shall, in order to retain his name in the Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of July in any such year make an application in writing to the registrar or the Department (as the case may be) for his name to be retained in the Register in respect of those premises.
5
Subject to paragraphs (10) and (11) below, a person whose name is removed from the Register in respect of any premises by reason only tha the failed either to make proper application for the retention of his name in the Register pursuant to paragraph (4) above or to pay the fee due in respect of the retention of his name in the Register pursuant to paragraph (9) below may, in order to restore his name to the Register in respect of those premises, make an application in writing, within 11 months of the expiry of the registration, to the registrar or the Department (as the case may be) for his name to be restored to the Register in respect of those premises.
6
There shall be paid to the registrar or the Department —
a
in respect of the entry of the name of any person in respect of any premises —
i
in Part A of the Register a fee of £150 for each premises;
ii
in Part B of the Register a fee of £50 for each premises;
b
in respect of the retention of the name of any person in respect of any premises —
i
in Part A of the Register a fee of £150 for each premises;
ii
in Part B of the Register a fee of £50 for each premises;
c
in respect of the restoration of the name of any person in respect of any premises —
i
to Part A of the Register a fee of £270 for each premises;
ii
to Part B of the Register a fee of £95 for each premises.
7
The registrar or the Department shall refuse to enter in the Register the name of any person in respect of any premises unless —
a
that person —
i
has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6) (a) (i) above for the entry of his name in Part A of the Register, and
ii
has given an undertaking in writing to the registrar or the Department (as the case may be) that he will comply with the provisions of the Code of Practice for Category A Registered Manufacturers of Medicated Animal Feeding Stuffs published by the Ministry of Agriculture, Fisheries and Food in December 1991; or
b
that person —
i
has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6) (a) (ii) above for the entry of his name in Part B of the Register, and
ii
has given an undertaking in writing to the registrar or the Department (as the case may be) that he will comply with the provisions of the Code of Practice for Category B Registered Manufacturers of Medicated Animal Feeding Stuffs published by the Ministry of Agriculture, Fisheries and Food in December 1991.
8
The registrar, with the approval of the Minister, or the Department, may refuse to enter in the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (asthe case may be), that person cannot demonstrate that he has complied with the provisions of the Code of Practice referred to in paragraph (7) (a) (ii) or (7) (b) (ii) above as appropriate.
9
The registrar or the Department shall refuse to retain in the Register in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the registrar or the Department (as the case may be) on or before 31st July in that year the fee specified in paragraph (6) (b) (i) or (ii) above as appropriate for the retention of his name in the Register.
10
The registrar or the Department shall refuse to restore to the Register the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (5) above, has paid to the registrar or the Department (as the case may be) the fee specified in paragraph (6) (c) (i) or (ii) above as appropriate for the restoration of his name to the Register.
11
The registrar, with the approval of the Minister, or the Department, may refuse to retain in or to restore to, or may remove from, the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person has failed to comply with any of the provisions of the Code of Practice referred to in paragraph (7) (a) (ii) or (7) (b) (ii) above as appropriate.
12
In respect of any premises the registrar or the Department may remove from the Register the name of any person entered in it, at the request of that person.
13
The registrar and the Department shall each furnish to the Minister, on or before 1st October in each year, a copy of the Register kept thereby certified to be a true copy of that Register as at a date specified in the certificate, not being later than 1st September in the year in question and, pending the furnishing of a further copy of the Register in the following year, shall furnish to the Minister at monthly intervals copies of amendments made to the Register in each month following the date so specified.
Restrictions on incorporation of medicinal products in animal feeding stuffs
4
1
No person shall, in the course of a business carried on by him, incorporate in an animal feeding stuff a medicinal product of any description, except a veterinary drug which is exempted under article 3 (exemptions from licences and certificates in respect of medicinal tests on animals) of the Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 , unless —
a
there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and, subject to paragraph (2) below —
i
where the medicinal product is incorporated at a rate below 2 kilograms per tonne, his name is entered in Part A of the Register in respect of the premises where the medicinal product is incorporated, or
ii
in any other case, his name is entered in Part A or Part B of the Register in respect of the premises where the medicinal product is incorporated,
and the medicinal product is incorporated either in accordance with provisions relating to its incorporation contained in a product licence or animal test certificate (whether held by him or another person) or, in the case of medicinal products to which a product licence relates, inaccordance with a veterinary written direction; or
b
his name is entered in Part A or Part B of the Register and he intends to export the animal feeding stuff in accordance with a written export order and he stores such animal feeding stuff in a part of a building separate from the storage of any other animal feeding stuff.
2
The requirement for his name to be entered in the Register, specified in paragraph (1) (a) (i) or (ii) above, shall not apply —
a
to a fish farmer;
b
to a person incorporating a medicinal product in accordance with a veterinary written direction where —
i
a veterinary surgeon or veterinary practitioner has reason to believe it necessary to authorise a derogation from that paragraph on grounds of immediate danger to the health of animals under his care and the veterinary written direction authorises such derogation on those grounds, and
ii
the person incorporating the medicinal product sends a copy of the veterinary written direction to the Society (if he is carrying on a business elsewhere than in Northern Ireland) or to the Department (if he is carrying on a business in Northern Ireland) within 28 days of incorporation; or
c
to a person operating mobile mixing equipment if —
i
his name is entered in the Register in respect of the premises wherehis mobile equipment is normally kept, and
ii
in a case where his name is entered in Part B of the Register, the medicinal product is incorporated in the animal feeding stuff at a rate of at least 2 kilograms per tonne.
3
Any person who exports medicated animal feeding stuff, shall keep, for a period of at least 2 years from the date of export, a record of —
a
the name and address of the person to whom the animal feeding stuff was exported;
b
the written export order; and
c
the name, identification and quantity of the animal feeding stuff.
4
No person shall, in the course of a business carried on by him, incorporate in an animal feeding stuff a combination of prescription only medicinal products except in accordance with a veterinary written direction and then only where in the opinion of either a veterinary surgeon or a veterinary practitioner there is no effective licensed medicinal product for the disease to be treated or for the species concerned.
5
A person who, in the course of a business carried on by him, incorporates in an animal feeding stuff any medicinal product in accordance with a veterinary written direction, shall ensure that —
a
the daily dose of medicinal product is contained in a quantity of final feeding stuff corresponding to at least half the daily feed ration of the animals treated or, in the case of ruminants, corresponding to at least half the daily requirement of non-mineral complementary or supplementary feeding stuffs;
b
the feeding stuff to be used for producing the medicated feeding stuff does not contain the same antibiotic nor the same coccidiostat as those used as an active substance in the medicinal product,
and any other expression which is also used in Council Directive 90/167/ EEC (laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community) has the same meaning as in that Directive.
Storage in registered premises
5
Where, in pursuance of regulation 4, a person would not be entitled to incorporate in an animal feeding stuff a medicinal product but for his name being entered in the Register, he shall not, in the course of a business carried on by him, store that animal feeding stuff in which that medicinal product has been incorporated by him otherwise than on the premises in respect of which his name is entered in the Register.
Restrictions on placing on the market and importation of animal feeding stuffs in which medicinal products have been incorporated
6
1
No person shall, in the course of a business carried on by him, place on the market any animal feeding stuff in which a medicinal product, not being a prescription only medicine, has been incorporated unless the medicinal product was incorporated in accordance with regulation 4.
2
No person shall, in the course of a business carried on by him, import any animal feeding stuff in which a medicinal product, not being a prescription only medicine, has been incorporated unless there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person), and the medicinal product was incorporated as mentioned in regulation 4(1)(a).
3
Subject to paragraph (4) below, no person shall, in the course of a business carried on by him, place on the market any animal feeding stuff in which a prescription only medicine has been incorporated unless —
a
it has been manufactured in accordance with the provisions of these Regulations pursuant to Council Directive 90/167/EEC and then only if the medicinal product was incorporated in accordance with regulation 4(1) (a); and
b
subject to paragraph (4) below, there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and the animal feeding stuff is placed on the market or imported in accordance with a veterinary written direction; or
c
that person is satisfied that the placing on the market has been requested by a veterinary surgeon or a veterinary practitioner who, by reason of any emergency, is unable to furnish a veterinary written direction immediately but who has undertaken to furnish that person with a veterinary written direction within 72 hours.
4
Paragraph (3)(b) above shall not apply where any animal feeding stuff in which a prescription only medicine has been incorporated as mentioned in regulation 4(1) (a) is sold or supplied to a person —
a
whose name is entered in Part A of the Register and whom the seller or supplier knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, and in the course of carrying on a business, either as his sole business activity or as a part of his business activities unless for research or educational purposes only, or
b
whose name is entered in the register kept by the Society (in the case of a person carrying on a business elsewhere than in Northern Ireland) or by the Department of Health (N.I.) (in the case of a person carrying on a business in Northern Ireland) under article 5(1) of the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992
5
No person shall, in the course of a business carried on by him, import any animal feeding stuff in which a prescription only medicine has been incorporated unless it has been manufactured in accordance with the provisions of Council Directive 90/167/EEC and then only if there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and the animal feeding stuff is placed on the market or imported in accordance with a veterinary written direction.
6
No person shall import from a Member State any animal feeding stuff in which a medicinal product has been incorporated unless that feeding stuff —
a
has been manufactured in accordance with the provisions of Council Directive 90/167/EEC ;
b
has been manufactured with medicinal products authorised by the exporting Member State and which have the same active ingredient as medicinal products licensed under the Act; and
c
is accompanied by a certificate in the form, including the Note thereto, set out in Schedule 1.
7
Any person who intends to export to a Member State any animal feeding stuff in which a medicinal product has been incorporated shall (if so required by the member State of destination) in the case of a person carrying on a business elsewhere than in Northern Ireland make an application in writing to the Society and in the case of a person carying on a business in Northern Ireland make an application in writing to the Department, and in either case not less than 72 hours before the date of exportation and upon payment of the appropriate fee, for a certificate corresponding in form to that set out in Schedule 1.
Veterinary written direction
7
A veterinary written direction given for the purposes of regulation 4 or 6 shall be —
a
in the form, including the notes the reto, set out in Schedule 2 tothese Regulations or in a form substantially to the like effect,
b
written in ink or otherwise so as to be indelible, and
c
signed in ink in his own name by the veterinary surgeon or veterinary practitioner giving it.
Restrictions on placing on the market final medicated feeding stuff containing medicinal products
8
1
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a medicinal product has been incorporated unless on or before 1st April 1992 he has applied for registration and his name is —
a
entered in the Register of Merchants kept pursuant to article 8(1) of the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 in respect of each premises on which such final medicated feeding stuff is sold or stored as a Category I or Category II merchant; or
b
entered in Part A or Part B of the Register of Manufacturers kept pursuant to regulation 3(1) in respect of each premises on which such final medicated feeding stuff is sold or stored
and the conditions contained in paragraphs (2) to (7) below are complied with.
2
No person shall, in the course of a business carried on by him, place on the market or sell or supply any final medicated feeding stuff in which a medicinal product has been incorporated except to a person —
a
whose name is entered in the Register of Merchants (as aforesaid) as a Category I or Category II merchant;
b
whose name is entered in Part A or Part B of the Register of Manufacturers (as aforesaid); or
c
whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities.
3
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a medicinal product has been incorporated except —
a
in the container in which it was made up for sale or disposal by the manufacturer;
b
in a container which has not been opened since the feeding stuff was made up for sale or disposal in it, and
c
on premises which are occupied by, and under the control of, the seller at the time of sale or disposal.
4
No final medicated feeding stuff in which a medicinal product has been incorporated shall be sold by retail by self-service methods.
5
In respect of the placing on the market of any final medicated feeding stuff in which a medicinal product has been incorporated the seller shall make a record of the sale containing particulars of —
a
the date on which the feeding stuff was sold,
b
the name, identification and quantity of the feeding stuff sold, and
c
the name and address of the person to whom the feeding stuff was sold,
and shall keep such a record for a period of 3 years from the date of the sale.
6
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a medicinal product has been incorporated unless that feeding stuff has been manufactured in accordance with the provisions of these Regulations pursuant to Council Directive 90/167/EEC .
7
In paragraph (1) above, “premises” includes a stall of a permanent nature situated at a market or an agricultural showground.
Restriction on use of medicated animal feeding stuffs
9
No person shall use any medicated animal feeding stuff in which a prescription only medicine has been incorporated unless it has be enmanufactured in accordance with the provisions of these Regulations pursuant to Council Directive 90/167/EEC .
Packaging and containers
10
Where medicated feeding stuffs are made up for sale in packages or containers, no person shall, in the course of a business carried on by him, place on the market such a package or container unless it is sealed in such a way that, when the package or container is opened, the closure or seal is damaged and the package or container cannot be re-used.
Restriction on slaughter of animals
11
Where medicated feeding stuffs are administered to animals whose meat, flesh, of fal or products are intended for human consumption, the stock farmer or holder of the animals concerned shall ensure that treated animals are not slaughtered in order to be offered for human consumption before the end of the withdrawal period and that products obtained from a treated animal before the end of such a withdrawal period are not disposed of with a view to their being offered for human consumption.
Enforcement
12
1
To the extent that these Regulations are made under the European Community Act 1972, the provisions of the Medicines Act 1968 mentioned in paragraph (2) below shall apply as if they were made under this Act.
2
The provisions of the said Act of 1968 referred to in paragraph (1) above are those of sections 108 to 114 and section 119 (which relate to enforcement and matters connected herewith).
Offences
13
1
Any person who contravenes any provision of regulations 4, 5, 6, 8, 9 or 11 of these Regulations shall be guilty of an offence and
a
shall be liable on summary conviction to a fine not exceeding the statutory maximum, and
b
shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
2
Any person who contravenes any provision of regulation 10 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence
14
1
Any person who, in the course of a business carried on by him, places on the market, imports or incorporates a medicinal product of any description in an animal feeding stuff in accordance with a forged veterinary written direction, shall not be guilty of an offence under these Regulations if, having exercised all due diligence, he believes on reasonable grounds that the veterinary written direction is genuine.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th January 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
8th January 1992
David Hunt
Secretary of State for Wales
8th January 1992
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th day of January 1992.
W. J. Hodges
Permanent Secretary
We consent
Sydney Chapman
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
7th January 1992


text:
1
This Order may be cited as the Value Added Tax (Supply of Temporarily Imported Goods) Order 1992 and shall come into force on 1st January 1993.
2
1
Where goods held under temporary importation arrangements are supplied, that supply shall be treated as neither a supply of goods nor a supply of services provided that —
a
the goods remain eligible for temporary importation arrangements; and
b
the supply is to a person established outside the member States.
2
“Goods held under temporary importation arrangements” means goods placed under customs arrangements with total relief from customs duty within the meaning of Council Regulation ( EEC ) No. 3599/82 , whether or not the goods are subject to customs duty.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cardiothoracic Centre — Liverpool National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 27th November 1992.
2
In this Order:
“the Authority” means Liverpool Health Authority;
“the Trust” means the Cardiothoracic Centre — Liverpool 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 20th June 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 27th November 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th October 1992


text:
Citation
1
This Order may be cited as the Local Government Act 1992 (Commencement No. 1) Order 1992.
Provisions of the Local Government Act 1992 coming into force on 31st October 1992
2
The following provisions of the Local Government Act 1992 shall come into force on 31st October 1992 —
section 24 (Abolition of the Local Government Boundary Commission for England);
Schedule 3 (Amendments consequential on Part II); and
Part II of Schedule 4 (Repeals relating to Part II).
Michael Howard
Secretary of State for the Environment
6th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Functions (Administration Arrangements and Amendment of Directions) Regulations 1992 and shall come into force on 1st April 1992.
Charges with respect to the supply of human blood
2
The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991 are amended as follows:
a
by the omission of regulation 4(8);
b
in regulation 5(3) by the omission of “, (b)” and the insertion at the end of the words “or of the function of determining charges for the supply of human blood under section 25 of the Act”;
c
in regulation 8(1) by the substitution for “, (7) and (8)” of “and (7)”;
d
by the addition after regulation 8(3) of the following paragraph —
4
In the exercise of the Secretary of State’s specified health service functions under section 25 of the Act, such charges shall be made with respect to supplies of human blood as are determined by the Secretary of State.
.
Arrangements for the exercise of functions in South East London
3
Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by any of —
a
Camberwell Health Authority;
b
Lewisham and North Southwark Health Authority;
c
West Lambeth Health Authority,
by virtue of any provision specified in the Schedule to these Regulations may by arrangement with that authority be exercised on its behalf by any other of those authorities.
Signed by authority of the Secretary of State for Health
Hooper
Parliamentary Under Secretary of State
Department of Health
10th March 1992
David Hunt
Secretary of State for Wales
10th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations 1992 and shall come into force on 15th February 1992.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“community charge demand notice” means a demand notice within the meaning of Part III of the Community Charges (Administration and Enforcement) Regulations 1989 which is issued by the Common Council (including such a notice issued pursuant to the Community Charges (Co-owners) Regulations1990 );
“rate demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 which is issued by the Common Council (including such a notice issued pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));
“the relevant charge” in relation to a notice means the amount set by the Common Council under section 32, 34 or 35 of the Act which is applicable to the notice, or which would be soapplicable but for any provision of regulations made under section 13A of the Act ;
“the special grant report” means the report made on 22nd January 1992 by the Secretary of State for Education and Science and the Secretary of State for the Environment under section 146 of the Local Government and Housing Act 1989 ;
“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund under section 90(1) of the Act; and
“the 1992 financial year ” means the chargeable financial year beginning on 1st April 1992.
Application of the Regulations
2
These Regulations apply in relation to community charge demand notices and rate demand notices issued with respect to the 1992 financial year.
Content of demand notices, etc.
3
1
A community charge demand notice shall —
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, contain the matters specified in Part I of Schedule 1;
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, contain the matters specified in Part II of that Schedule;
c
where it relates to a standard community charge, contain the matters specified in Part III of that Schedule;
d
where it relates to a collective community charge, contain the matters specified in Part IV of that Schedule.
2
Part V (interpretation, etc.) of Schedule 1 shall have effect for the purposes of Parts I to IV of that Schedule.
3
A rate demand notice shall contain the matters mentioned in Schedule 2.
4
Subject to paragraph (5), the Common Council must when it serves a community charge demand notice supply to the person on whom the notice is served the information specified in Part I of Schedule 3, and must when it serves a rate demand notice supply to the person on whom the notice is served the information specified in Part II of that Schedule; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
5
Paragraph (4) does not apply when a community charge demand notice or a rate demand notice is served after 31st March 1993.
6
Nothing in this regulation requires a notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.
Invalid notices
4
1
Where —
a
a community charge demand notice is invalid because it does not comply with the applicable provisions of regulation 3,
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part III of the Community Charges (Administration and Enforcement) Regulations 1989,were valid.
2
Where —
a
a rate demand notice is invalid because it does not comply with regulation 3(4),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989,were valid.
3
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (1) or (2), the Common Council shall as soon as practicable after the mistake is discovered issue to the chargeable person or ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
5
1
In order that the Common Council may fulfil its obligations under regulation 3, subject to paragraphs (3) to (6) every precepting authority shall, when it issues a precept to the Common Council for the 1992 financial year, supply the Council with the information specified in paragraph (2).
2
The information is information, as regards the precepting authority and the precept concerned, as to —
a
the estimates mentioned in paragraphs 1, 9, 10 and 11 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 3 and 7 of that Part.
3
Information need not be supplied by a precepting authority with respect to the estimates mentioned in paragraphs 1, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
4
Information need not be supplied when a substitute precept is issued if it is not one which would require the Common Council to set a substitute amount under section 35 of the Act; but if in such a case the Council subsequently notifies the precepting authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute precept, the precepting authority shall (subject to paragraphs (3), (5) and (6)) supply that information as regards the substitute precept as soon as practicable after that notification is given.
5
Information need not be supplied by a precepting authority as regards the issue of a substitute precept for the 1992 financial year insofar as it would be repetitive of information given in respect to the preceding financial year on the occasion of the issue of an earlier precept for the 1992 financial year.
6
Information need not be supplied by a precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 7 of Part III of Schedule 3, it would not fall to be supplied by the Common Council when it serves a demand notice.
Supply of information by the National Rivers Authority
6
1
In order that the Common Council may fulfil its obligations under regulation 3, subject to paragraphs (5) and (6) the National Rivers Authority (“the Authority”) shall, when it first issues a levy to the Common Council for the1992 financial year, supply the Council with the information specified in paragraph (4).
2
In order that the Common Council may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (5) and (6) the Authority shall, after it has issued a substitute levy for the 1992 financial year, supply the Common Council with the information specified in paragraph (4) if the Council notifies the Authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute levy.
3
Information shall be supplied under paragraph (2) as soon aspracticable after the notification is given.
4
The information is information, as regards the levy concerned, as to —
a
the estimates mentioned in paragraphs 2 and 10 of Part I of Schedule 3; and
b
the matter mentioned in paragraph 7 of that Part.
5
Information need not be supplied by the Authority with respect to the estimate mentioned in paragraph 2 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
6
Information need not be supplied by the Authority as regards the issue of a substitute levy for the 1992 financial year insofar as it would be repetitive of information given with respect to the preceding financial year on the occasion of the issue of an earlier levy for the 1992 financial year.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
10th February 1992