text:
Title and commencement
1
This Scheme may be cited as the Plant Breeders' Rights (Herbaceous Perennials) (Variation) Scheme 1993 and shall come into force on 1st December 1993.
Variation of the principal Scheme
2
The Schedule to the Plant Breeders' Rights (Herbaceous Perennials) Scheme 1969 (which specifies the genera or species of miscellaneous ornamental plants of which varieties may be the subject of plant breeders' rights) shall be varied as follows:
a
immediately after the item relating to Artemisia L. there shall be inserted the following items —
Column 1 Column 2 Column 3 Column 4 Column 5
Genus of species
Period of years for which rights are exercisable
Class of plant varieties prescribed for purposes of section 5(7)
Period of years prescribed for purposes of section 7(2)
Additional rights
Astelia banksii
25 Astelia — —
Astelia chathamica
25 Astelia — —
Astelia fragrans
25 Astelia — —
Astelia graminea
25 Astelia — —
Astelia grandis
25 Astelia — —
Astelia linearis
25 Astelia — —
Astelia nervosa
25 Astelia — —
Astelia nivicola
25 Astelia — —
Astelia petriei
25 Astelia — —
Astelia skottsbergii
25 Astelia — —
Astelia solandri
25 Astelia — —
Astelia subulata
25 Astelia — —
Astelia trinervia
25 Astelia — —
and
b
immediately after the item relating to Astilbe Buch. Ham. there shall be inserted the following item —
Column 1 Column 2 Column 3 Column 4 Column 5
Astrantia L.
25 Astrantia — —
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th November 1993
John Redwood
Secretary of State for Wales
4th November 1993
Patrick Mayhew
Secretary of State for Northern Ireland
10th November 1993
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
5th November 1993


type: legislation

jurisdiction: UK

text:
1
These Rules may be cited as the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993 and shall come into force on 5th April 1993.
2
The following Rules —
a
the Maintenance Orders (Facilities for Enforcement) Rules 1922 ;
b
the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974 ;
c
the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975 ;
d
the Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975 ;
e
the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980 ; and
f
the Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986
shall have effect subject to the amendments set out in Schedule 1 to these Rules.
3
Paragraphs 1 to 13 of Schedule 2 to these Rules shall be added —
a
to the Maintenance Orders (Facilities for Enforcement) Rules 1922, as the Schedule to those Rules;
b
to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974, as Schedule A1 (which shall be inserted before Schedule 1) to those Rules;
c
to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975, as Schedule A1 (which shall be inserted before the Schedule) to those Rules;
d
to the Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975, as Schedule 2 to those Rules; and
e
to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980, as Schedule 1A to those Rules.
Mackay of Clashfern, C.
Dated 10th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Mines (Shafts and Winding) Regulations 1993 and shall come into force —
a
except as specified in sub-paragraph (b) below, on 1st April 1993; and
b
in so far as they apply to mines of tin or tin ore, on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“appoint” in relation to a person means appoint in writing with a written statement summarising his responsibilities and authority, and “appointed” shall be construed accordingly;
“conveyance” means any carriage, cage, skip or kibble in which persons, mineral or materials are wound through a shaft;
“counterweight” means a frame containing weights connected into a single conveyance winding system to reduce the out-of-balance static loads within the system;
“examination” means a visual examination by a competent person carried out carefully and critically and supplemented by other means (such as measurement and where necessary non-destructive testing) in order to arrive at a reliable conclusion as to the condition and safety of the equipment or installation which if necessary should be dismantled, and “examine” shall be construed accordingly;
“inspection” means a visual inspection by a competent person looking carefully and critically for anything which may impair the safe and efficient working of the equipment or installation, and “inspect” and “inspected” shall be construed accordingly;
“keps” means retractable supports in a shaft on which a conveyance may rest but does not include the doors at the top of the shaft sinking;
“lift apparatus” means an electrically powered lift and includes equipment used in relation to the lift in the shaft and at shaft entrances;
“mine” means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the getting, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;
“overwind” means unintentional overtravel of a conveyance or counterweight beyond the limits set by a device installed for the purpose of preventing such overtravel;
“owner” in relation to a mine means the person who is for the time being entitled to work it;
“shaft” includes a staple-pit, raise, winze or any similar excavation whether sunk or in the course of being sunk and so much of any superstructure provided at the top of a shaft as forms an extension to the shaft shall be deemed to form part of the shaft which is below ground;
“winding apparatus"” means mechanically operated apparatus for lowering and raising loads through a shaft and includes a conveyance or counterweight attached to such apparatus and all ancillary apparatus;
“winding engineman” means a person competent to operate the winding apparatus during manual winding.
2
A mine shall be treated as being worked at any time when there are persons at work below ground or plant or equipment is in operation at the mine to maintain the safety of that mine or of any other mine or the operation of driving a shaft or outlet is being undertaken at the mine.
3
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered regulation is a reference to the regulation of these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which that reference appears.
4
In any document issued under these Regulations any word or expression to which meaning is assigned by the Health and Safety at Work etc. Act 1974, the Mines and Quarries Act 1954 or these Regulations shall have the meaning so assigned to it.
Application
3
1
These Regulations shall apply to all mines which are being worked.
2
Regulation 4 shall also apply to the specification, planning or design of the sinking of a shaft for the purpose of working a mine.
Shaft sinking
4
1
The owner shall ensure, so far as is reasonably practicable, that the sinking of the shaft is so specified, planned and designed as to be safe, and without risk of injury to persons.
2
The manager shall ensure, so far as is reasonably practicable, that the shaft is constructed or sunk safely, and without risk of injury to persons.
3
For the purpose of paragraph (1) or (2), the owner or manager respectively shall take into account risks which (at the time the shaft is specified, planned, designed or, as appropriate, constructed or sunk) it is reasonably foreseeable will arise either while the shaft is being constructed or sunk or during the time it is intended to be used.
Equipment of shaft and inspection, examination and maintenance of shaft and fixtures
5
1
The owner shall ensure that each shaft is so equipped that, so far as is reasonably practicable, it is safe to use.
2
So far as is reasonably practicable, the owner shall provide suitable winding apparatus in any shaft through which a person travels.
3
The manager shall ensure that each shaft is so maintained that, so far as is reasonably practicable, it is safe to use.
4
a
In order to maintain the shaft and its fixtures in a safe condition the manager shall appoint sufficient competent persons to inspect and to examine each shaft and its fixtures at suitable intervals of time, and to carry out such maintenance as is necessary.
b
The written statement summarising the responsibilities and authority of any competent person mentioned in sub-paragraph (a) of this paragraph shall —
i
include details of the frequency of the inspections or examinations and of the nature of the examinations, maintenance or examinations and maintenance which that competent person shall carry out, and
ii
be revised when necessary to ensure that those details are correct and up to date.
c
Every competent person mentioned in this regulation shall record the result of any inspection or examination he makes setting out any defects he finds.
Use of shaft or its fixtures
6
The manager shall ensure, so far as is reasonably practicable, that when a shaft or fixtures in a shaft are used, they are used safely.
Safety harnesses
7
1
So far as is necessary to ensure safety, a person in a shaft shall wear and use a suitable safety harness.
2
The manager shall ensure that sufficient suitable safety harnesses in good condition are available and that there are sufficient suitable anchorages to ensure safety.
Space at bottom of shaft
8
The manager shall ensure, so far as is reasonably practicable, that no person enters or remains in any uncovered space at the bottom of a shaft unless —
a
the entry is —
i
for the purpose of working there, or
ii
during shaft sinking operations; and
b
suitable safety precautions are taken.
Barriers
9
The manager shall ensure that at each entrance to a shaft there is a barrier suitable to ensure safety.
Suitability of winding apparatus
10
The owner shall ensure that winding apparatus is suitable for the purpose for which it is used, and has effective and suitable: —
a
brakes;
b
except in the case of lift apparatus, brake locking devices and brake interlocking devices;
c
means of controlling power to the winding engine;
d
means of preventing an overwind;
e
means of preventing a conveyance or counterweight travelling at an excessive speed;
f
means of safely stopping and holding a conveyance or counterweight in the event of an overwind; and
g
means of monitoring the movement of every conveyance in the shaft.
Installation and modification of winding apparatus
11
1
When winding apparatus is installed, the owner shall appoint sufficient competent persons who shall examine all aspects of the installation of the apparatus and make a written report.
2
When winding apparatus is modified in a way which could affect its safe operation, the manager shall appoint sufficient competent persons who shall examine all aspects of the modification of the apparatus and make a written report.
3
For the purposes of this regulation any modification made to winding apparatus with a view to rectifying a defect mentioned in a report made under paragraph (1) or (2) shall be treated as a modification which could affect the safe operation of the winding apparatus.
4
The manager shall ensure that winding apparatus is not used after being installed or after being modified as mentioned in paragraph (2) unless the report made under paragraph (1) or, as the case may be, paragraph (2) (and construed in each case together with any further report made by virtue of paragraph (3)) states that the winding apparatus is safe to use.
Keps
12
1
The owner shall ensure that no person installs keps in or in connection with any winding apparatus.
2
The manager shall ensure that keps are not used when winding apparatus is used for carrying persons.
Ropes and associated equipment
13
1
The owner shall specify the type of rope intended for use in any winding apparatus and any attachment or connection intended for use with such a rope and shall ensure that any such rope, attachment or connection is suitable for the use for which it is intended.
2
Before any winding rope is put into service in a shaft, the owner shall specify in writing the maximum life expected for any winding rope in that shaft, taking into account the conditions under which the winding rope will be used.
3
If there is any change in the conditions under which a winding rope is used in a shaft, the owner shall review the life specified under paragraph (2) and reduce it if necessary.
4
The owner shall ensure that the specification made under paragraph (2), as amended under paragraph (3) where appropriate, is kept at the office of the mine while any rope is in use as a winding rope in the shaft to which the specification relates and for 6 months thereafter.
5
The manager shall ensure that no rope is used for winding after the expiry of the life specified under paragraph (2), as reduced under paragraph (3) where appropriate, except in accordance with directions which may be given by an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974.
Signalling and communication
14
1
The owner shall ensure that there is provided in any shaft where there is winding apparatus suitable means —
a
to give audible and visual signals to;
b
to receive audible and visual signals from;
c
to communicate by speech with;
any place where any such means of signalling and communication are necessary to enable the winding apparatus to be used safely.
2
The means referred to in paragraph (1) shall be so placed that they are safe to use and that the winding apparatus can be operated safely.
3
The manager shall ensure that the means referred to in paragraph (1) are so used as to enable the winding apparatus to be used safely.
Use of winding apparatus
15
1
The manager shall ensure, so far as is reasonably practicable, that winding apparatus is used safely.
2
The manager shall make suitable rules to provide for the safe use of any winding apparatus. The rules shall specify the manner in which and the conditions under which each set of winding apparatus is to be used.
3
The manager shall ensure that persons are not carried by winding apparatus while it is operating automatically.
4
No person shall control winding apparatus by radio except with suitable equipment and in a suitable manner.
5
In this regulation “radio” includes any transmission of electromagnetic radiation.
Competent persons and winding enginemen
16
1
When persons are below ground in a mine where winding apparatus is used, the manager shall
a
ensure that sufficient competent persons (including winding enginemen) appointed by him are available at the mine to ensure the safe operation of the winding apparatus.
b
give each such competent person suitable written instructions as to his duties.
2
The manager shall specify in writing the maximum hours of work of winding enginemen and these shall be posted in the winding engine room.
3
Each winding engineman shall record the hours he works.
Examination, inspection, maintenance and testing of winding apparatus
17
1
So far as is necessary to ensure compliance with these Regulations the manager shall ensure that winding apparatus is regularly and adequately examined, inspected, tested and maintained in accordance with a suitable written scheme.
2
The manager shall appoint sufficient competent persons to regularly and adequately examine, inspect, test and maintain the winding apparatus.
3
Each person appointed under paragraph (2) shall write a report of the examinations, inspections, tests or maintenance which he carries out setting out any defects he finds.
Records and reports
18
1
Subject to paragraph (3), the manager shall keep the reports and, where appropriate, records made under regulations 5(4)(c), 11(1) to (3), 16(3) and 17(3) at the office of the mine for three years from the date the report or record is made.
2
The owner shall ensure that any report made under regulation 11(1) is given to the manager.
3
Records and reports kept by virtue of paragraph (1) shall be kept at the office of the mine where the winding apparatus to which they relate is.
General duty of mine manager
19
It shall be the duty of the manager to ensure, so far as is reasonably practicable, that any requirement or prohibition imposed upon any other person by or by virtue of these Regulations is duly complied with by the person concerned.
Exemptions
20
1
Subject to paragraph (2) the Health and Safety Executive may, by a certificate in writing, exempt any mine, or part of a mine or class of mines from any requirement or prohibition imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Health and Safety Executive shall not grant any such exemptions, unless having regard to the circumstances of the case and in particular to —
a
the conditions if any which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case;
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Disapplication of section 157 of the Mines and Quarries Act 1954
21
Section 157 of the Mines and Quarries Act 1954 (which provides a defence in legal proceedings in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by or under these Regulations.
Repeals and modifications of the Mines and Quarries Act 1954
22
1
The provisions of the Mines and Quarries Act 1954 specified in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent set out opposite thereto in column 2 of that Schedule.
2
Sections 30(1) and 42 of the Mines and Quarries Act 1954 shall cease to have effect in relation to shafts.
Revocation of Regulations
23
1
The Regulations specified in column 1 of Part I of Schedule 2 to these Regulations are hereby revoked to the extent set out opposite thereto in column 2 of that Part.
2
The Regulations specified in Part II of Schedule 2 to these Regulations shall cease to have effect in relation to shafts.
3
The Regulations specified in Part III of Schedule 2 to these Regulations (being Regulations which apply to particular mines) are hereby revoked.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
18th February 1993


text:
1
This Order may be cited as the Bingo Duty (Exemptions) Order 1993 and shall come into force on 6th April 1993.
2
Article 3 of the Bingo Duty (Exemptions) Order 1989 is hereby revoked.
3
In paragraph 5 of Schedule 3 to the Betting and Gaming Duties Act 1981 (exemption from bingo duty in respect of small scale amusements provided commercially), sub-paragraph (2)(b) shall have effect as if, for the sum of £20 specified in that sub-paragraph, there were substituted the sum of £25.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th March 1993


text:
1
These Regulations may be cited as the Civil Legal Aid (Scope) Regulations 1993 and shall come into force on 27th May 1993.
2
In paragraph 2 of Part 1 of Schedule 2 to the Legal Aid Act 1988 the following sub-paragraph shall be added at the end —
h
appeals under section 20, where they are to be made to a magistrates' court , and proceedings under section 27 of the Child Support Act 1991 .
Mackay of Clashfern, C.
Dated 25th May 1993
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 26th May 1993


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Land Registration (Charities) Rules 1993 and shall come into force on 1st August 1993.
2
In these Rules:
a
“the principal rules” means the Land Registration Rules 1925 ;
b
a rule referred to by number means the rule so numbered in the principal rules.
Amendment of rule 1
2
1
In rule 1 of the principal rules the following paragraphs shall be substituted for paragraphs (5D) and (5F):
5D
“Charity” and “charity trustees” have the same meaning as in sections 96 and 97(1) of the Charities Act 1993 respectively.
5F
“Exempt charity” has the same meaning as in section 96 of the Charities Act 1993.
2
In rule 1 of the principal rules the following paragraph shall be inserted after paragraph (5F):
5G
“Trusts” in relation to a charity has the same meaning as in section 97(1) of the Charities Act 1993.
New rule 60
3
1
The following rule shall be substituted for rule 60:
Applications for first registration of land held by or in trust for a charity
60
1
Any application under sections 4 and 8 of the Act for first registration of land held by or in trust for a charity shall be made by the charity trustees or, where the charity is a company or other body corporate, by that company or other body corporate.
2
Paragraph (1) above applies to an application for the registration as proprietor of:
a
the charity trustees;
b
the charity;
c
the official custodian;
d
any other trustee for the charity.
3
Where the person to be registered as proprietor is the official custodian, there shall be produced to the registrar: —
a
a certified copy of the order of the court made under section 21(1) of the Charities Act 1993; or
b
a certified copy of an order of the Charity Commissioners made under sections 16 or 18 of the Charities Act 1993; or
c
a statement by the solicitor to the charity as to the statute which vested the land in the official custodian;
and in every case the address of the charity trustees shall be given to the registrar and, if so desired, the address of the official custodian, for the purposes of rule 315 (addresses for service of notices).
4
Where the charity trustees have been incorporated under Part VII of the Charities Act 1993 the trustees shall produce to the registrar with the application a certified copy of the certificate granted by the Charity Commissioners under section 50 of that Act.
5
Where the charity is subject to the provisions of the Universities and College Estates Acts 1925 and 1964 the application shall be accompanied by a certificate to that effect.
6
Where the charity trustees, the charity, the official custodian or other trustees for the charity are registered as proprietor the registrar shall enter the appropriate restriction in the register.
7
In this rule the appropriate restriction means: —
a
in the case of a charity which is not an exempt charity, a restriction in form 12;
b
in the case of an exempt charity which is not subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12A;
c
in the case of an exempt charity which is subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12B;
d
where the title concerned is a rentcharge, a restriction in form 12C;
e
in the case of land vested in the official custodian under section 18 of the Charities Act 1993, a restriction in form 12D.
2
Forms 12, 12C and 12D in the Schedule to these rules shall be substituted for Forms 12, 12C and 12D in the Schedule to the principal rules.
New rule 61
4
The following rule shall be substituted for rule 61:
Statements to be contained in instruments effecting a disposition in favour of a charity
61
The statement required by section 37(5) of the Charities Act 1993 to be inserted into any conveyance, lease or other instrument to which section 123(1) of the Act applies and which will result in land being held by or in trust for a charity shall be in the following form:
“The land conveyed [or as the case may be] will, as a result of this conveyance [or as the case may be], be held by or in trust for the [named] charity and either the charity is an exempt charity or the charity is not an exempt charity and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the land (subject to subsection (9) of that section)”.
New rule 62
5
The following rule shall be substituted for rule 62:
Statements to be contained in instruments effecting a disposition by a charity
62
The statement required by section 37(1) of the Charities Act 1993 to be inserted into any conveyance, lease or other instrument to which section 123(1) of the Act applies effecting a disposition of unregistered land held by or in trust for a charity shall be in the following form:
“The land conveyed [or as the case may be] is held by or in trust for a charity by the vendor [or as the case may be] and the charity is an exempt charity or the charity is not an exempt charity and the conveyance [or as the case may be] is one falling within paragraph [(a), (b) or (c) as the case may be] of subsection (9) of section 36 of the Charities Act 1993 or the charity is not an exempt charity and the restrictions on disposition imposed by section 36 of the Charities Act 1993 apply to the land (subject to subsection (9) of that section).”
New rule 122
6
The following rule shall be substituted for rule 122:
Dispositions in favour of a charity
122
1
A disposition or dealing in favour of a charity shall comply with this rule.
2
The statement required by section 37(5) of the Charities Act 1993 to be inserted into any instrument effecting a disposition which will result in the land being held by or in trust for a charity shall be in the following form:
“The land transferred [or as the case may be] will, as a result of this transfer [or as the case may be], be held by or in trust for the [named] charity and either the charity is an exempt charity or the charity is not an exempt charity and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the land (subject to subsection (9) of that section).”
3
Where the charity trustees have been incorporated under Part VII of the Charities Act 1993 they shall be described in the instrument effecting the disposition as:
“a body corporate under Part VII of the Charities Act 1993”
4
Where the charity is subject to the provisions of the Universities and College Estates Acts 1925 and 1964 the instrument effecting the disposition shall contain the following statement:
“The provisions of the Universities and College Estates Acts 1925 and 1964 apply to the charity”.
New rule 123
7
The following rule shall be substituted for rule 123:
Applications for the registration of dispositions or dealings with titles to be held by or in trust for a charity
123
1
Any application to register a disposition of land under sections 19, 22 or 26 of the Act which, when registered, will be held by or in trust for a charity shall be made by the charity trustees or, where the charity is a company or other body corporate, by that company or other body corporate.
2
Paragraph (1) above applies to an application for the registration of:
a
the charity trustees;
b
the charity;
c
the official custodian;
d
any other trustee for the charity.
3
Where the person to be registered as proprietor is the official custodian, there shall be produced to the registrar: —
a
a certified copy of an order of the court made under section 21(1) of the Charities Act 1993; or
b
a certified copy of an order of the Charity Commissioners made under sections 16 or 18 of the Charities Act 1993,
and the address of the charity trustees shall be stated in the application and, if so desired, that of the official custodian, for the purposes of rule 315 (addresses for service of notices).
4
Where the charity trustees have been incorporated under Part VII of the Charities Act 1993 the trustees shall produce to the registrar with the application a certified copy of the certificate granted by the Charity Commissioners under section 50 of that Act.
5
Where the charity trustees, the charity, the official custodian or any other trustee for the charity, are registered as proprietor the registrar shall enter the appropriate restriction in the register.
6
In this rule the appropriate restriction means: —
a
in the case of a charity which is not an exempt charity, a restriction in form 12;
b
in the case of an exempt charity which is not subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12A;
c
in the case of an exempt charity which is subject to the Universities and College Estates Acts 1925 and 1964, a restriction in form 12B;
d
where the title concerned is a rentcharge, a restriction in form 12C;
e
in the case of land vested in the official custodian under section 18 of the Charities Act 1993, a restriction in form 12D.
7
The registrar may, before completing the registration, require the production of a certified copy of the charitable trust deed, will, statute, memorandum or articles of association, order of the court or of the Charity Commissioners or other instrument or direction defining the trusts under which the title will be held.
New rule 124
8
The following rule shall be substituted for rule 124:
Duties of charity trustees and others to make applications where a registered title is held by or in trust for a charity
124
1
In this rule the expression “the appropriate restriction” has the same meaning as in rule 123(6).
2
Where registered land not previously held by or in trust for a charity becomes so held, the charity trustees or the charity shall apply for the appropriate restriction to be entered.
3
Where a registered proprietor is a company or other body corporate which becomes a charity it shall apply for the appropriate restriction to be entered.
4
Where registered land is held by or in trust for a charity which becomes an exempt charity, the charity trustees or the charity shall apply for the appropriate restriction to be entered.
5
Where, under rule 131, the registrar enters as proprietor a person who is or holds on trust for a charity the registrar shall also enter the appropriate restriction.
6
Where in relation to a charity or charity trustees the Charity Commissioners have taken any action under the provisions of section 18(1), (2), or (4) of the Charities Act 1993 they may apply for the entry of a restriction in Form 12D on the register of any title held by or in trust for that charity.
New rule 128
9
The following rule shall be substituted for rule 128:
Dispositions and other dealings by a charity
128
1
A disposition or dealing by a charity shall comply with the requirements of this rule.
2
The statement required by section 37(1) of the Charities Act 1993 to be inserted into any instrument effecting a disposition of registered land held by or in trust for a charity (other than a charge of registered land) shall be in the following form:
“The land transferred [or as the case may be] is held by or in trust for a charity by the proprietor and the charity is an exempt charity or the charity is not an exempt charity and the transfer [or as the case may be] is one falling within paragraph [(a), (b) or (c) as the case may be] of subsection (9) of section 36 of the Charities Act 1993 or the charity is not an exempt charity and the restrictions on disposition imposed by section 36 of the Charities Act 1993 apply to the land (subject to subsection (9) of that section).”
3
The statement required by section 39(1) of the Charities Act 1993 to be inserted into any charge of registered land held by or in trust for a charity shall be in the following form:
“The land charged is held by or in trust for a charity by the proprietor and the charity is an exempt charity or the charity is not an exempt charity and the charge is one falling within subsection (5) of section 38 of the Charities Act 1993 or the charity is not an exempt charity and the charge is one to which the restrictions imposed by section 38 of the Charities Act 1993 apply.”
Mackay of Clashfern, C.
Dated 8th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wandsworth Community Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wandsworth Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Wandsworth Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from St. George’s Hospital, Blackshaw Road, London SW17 0QT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Wandsworth 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 Wandsworth 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 Wandsworth Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1993 and shall come into force on 1st April 1993 (“the commencement day”).
Increase of allowances
2
1
The Local Authorities (Members' Allowances) Regulations 1991 shall be amended as follows.
2
In regulation 12(c) (special responsibility allowance), for “£8,000” there shall be substituted, in relation to any year beginning on or after the commencement day, “£8,120”.
3
In regulation 17(2) (allowance in respect of conferences and meetings) for “£24.35” there shall be substituted, in relation to attendance at a conference or meeting on or after the commencement day, “£24.70”.
4
In regulation 18(1) (attendance allowance) for “£24.35” there shall be substituted, in respect of an approved duty performed on or after the commencement day, “£24.70”.
5
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after the commencement day —
a
in paragraph (a) for “£20.70” there shall be substituted “£21.00”; and
b
in paragraphs (b) and (c), for “£41.40” there shall be substituted “£42.00”.
6
For the Table in the Schedule, in relation to a year beginning on or after the commencement day, there shall be substituted the following —
Table
(1) (2) Authority or description of authority Amount £
A county council 3,000 A metropolitan district council 3,000 Each of the following non-metropolitan district councils: Bristol, Cardiff, Derby, Kingston-upon-Hull, Leicester, Luton, Milton Keynes, Northampton, Nottingham, Plymouth, Portsmouth, Southampton, Stockton-on-Tees, Stoke-on-Trent, Swansea, Thamesdown, Warrington, Woodspring 2,115 Any other non-metropolitan district council 1,470 A London borough council 3,000 A joint authority 945 The Council of the Isles of Scilly 1,470
.
Revocation
3
The Local Authorities (Members' Allowances) (Amendment) Regulations 1992 are revoked.
Michael Howard
Secretary of State for the Environment
5th March 1993
David Hunt
Secretary of State for Wales
9th March 1993


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Hampshire that the new trunk road is open for through traffic.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered PSE/0/A34/13/65/2/3 marked “The Winchester–Preston Trunk Road (A34) (Newbury Bypass Detrunking) (No.2) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road” means the trunk road to be constructed by the Secretary of State in pursuance of the Winchester–Preston Trunk Road (A34) (Newbury Bypass) Order 1991 ;
iv
“the Trunk Road” means the Winchester–Preston Trunk Road (A34).
3
This Order shall come into force on 14th September 1993 and may be cited as the Winchester–Preston Trunk Road (A34) (Newbury Bypass Detrunking) (No.2) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
26th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No. 8) Order 1993 and shall come into force on 22nd February 1993.
2
In this Order —
a
“ the Act ” means the British Railways (Penalty Fares) Act 1989;
b
“activating order” has the meaning assigned to it in section 3 of the Act;
c
any reference to a line on which train services are provided includes a reference to the named stations by which the ends of the line are defined.
Activation of penalty fares provisions
2
1
Subject to paragraphs (2) and (4) below, sections 4 to 9 of the Act shall have effect in respect of all train services and parts of train services provided by the Board on the lines specified in the Schedule to this Order.
2
Save as is mentioned in paragraph (3) below, sections 4 to 9 of the Act shall not have effect with respect to any part of a train service in a case where that service commences at a station which is not on a line specified in the Schedule to this Order.
3
Nothing in paragraph (2) above affects the application of paragraph (1) above to any part of a train service provided by the Board on the lines so specified where that service commences at a station on a line which —
a
is specified in the Schedule to any other activating order or, where that Schedule is divided into parts, in Part I of that Schedule, and
b
is connected either directly, or by another line or lines of the description in sub-paragraph (a) above which are so connected, with a line specified in the Schedule to this Order.
4
Sections 4 to 9 of the Act shall not have effect with respect to any part of a train service, other than a conductor train service, which commences at a station where, at the time of commencement of the part in question of the service, there was no ticket office open for the sale of fare tickets or any facility for the sale of deferred fare authorities.
3
Article 2(3)(b) of and Part II of the Schedule to the British Railways (Penalty Fares) Act 1989 (Activating No. 5) Order 1992 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
14th January 1993


text:
Citation and commencement
1
1
This Order may be cited as the Greater London, Kent and Surrey (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“Bexley” means the London borough of Bexley, and “Bromley” means the London borough of Bromley;
“district” includes a borough and a London borough;
“electoral division” means an electoral division of the county to which an area is transferred;
“Kent” means the county of Kent, and “Sevenoaks” means the Kent district of Sevenoaks;
“the map” means one of the 12 maps prepared by the Department of the Environment, marked “Maps of the Greater London, Kent and Surrey (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Surrey” means the county of Surrey, and “Tandridge” means the Surrey district of Tandridge;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred.
Transfers between Greater London (Bexley and Bromley) and Kent (Sevenoaks)
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greater London, and from the district and the ward named in column 3 to —
a
Kent;
b
Sevenoaks;
c
the parish, ward, electoral division and petty sessional division mentioned in column 4; and to
d
the West Kent coroner’s district —
and shall cease to form part of the Metropolitan Police District.
TABLE
(1) (2) (3) (4) Area marked On map — From London, and from the following borough (in bold) and ward — To Kent, to Sevenoaks and to —
C11 6 Bexley Cray
Parish of Swanley
Swanley White Oak ward
Swanley electoral division
Dartford petty sessional division
C4 4 Bromley Biggin Hill
Parish of Westerham
Westerham and Crockham Hill ward
Sevenoaks West electoral division
Sevenoaks petty sessional division
C16 6 Bromley Chelsfield and Goddington
Parish of Crockenhill
Crockenhill ward
Darent Valley electoral division
Dartford petty sessional division
C23 9 Bromley Chelsfield and Goddington
Parish of Shoreham
Halstead, Knockholt and Badgers Mount ward
Sevenoaks West electoral division
Sevenoaks petty sessional division
C17
C19
6
8
Bromley Chelsfield and Goddington
Parish of Shoreham
Shoreham ward
Sevenoaks North electoral division
Sevenoaks petty sessional division
C10 5 Bromley Darwin
Parish of Brasted
Brasted ward
Sevenoaks West electoral division
Sevenoaks petty sessional division
C18, C20, C21 & C22, C29, C30 & C31
7
9
12
Bromley Darwin
Parish of Halstead
Halstead, Knockholt and Badgers Mount ward
Sevenoaks West electoral division
Sevenoaks petty sessional division
C5, C6, C7, C8 & C9
4
5
Bromley Darwin
Parish of Westerham
Westerham and Crockham Hill ward
Sevenoaks West electoral division
Sevenoaks petty sessional division
C14 & C15 6 Bromley St. Mary Cray
Parish of Crockenhill
Crockenhill ward
Darent Valley electoral division
Dartford petty sessional division
C13 6 Bromley St. Paul’s Cray
Parish of Crockenhill
Crockenhill ward
Darent Valley electoral division
Dartford petty sessional division
C12 6 Bromley St. Paul’s Cray
Parish of Swanley
Swanley St. Mary’s ward
Swanley electoral division
Dartford petty sessional division
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Kent, from Sevenoaks and from the parish named in column 3 to —
a
Greater London;
b
Bromley;
c
the ward mentioned in column 4;
d
the Bromley petty sessional division and Southern London coroner’s district; and to
e
the Metropolitan Police District —
and shall become unparished.
TABLE
(1) (2) (3) (4) Area marked On map — Transferred from Kent, from Sevenoaks, and from the parish of — To Greater London, to Bromley and to the following ward —
B13 9 Halstead Chelsfield and Goddington B20, B21 & B22 12 Halstead Darwin B14 9 Shoreham Chelsfield and Goddington B12 6 Swanley St. Paul’s Cray B9 4 Westerham Biggin Hill B10 & B11 5 Westerham Darwin
Transfers between Greater London(Bromley) and Surrey(Tandridge)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greater London, from Bromley, and from the Biggin Hill ward to —
a
Surrey;
b
Tandridge;
c
the parish mentioned in column 3;
d
the Chelsham and Farleigh, Tatsfield and Titsey ward and the Warlingham electoral division; and to
e
the Godstone petty sessional division and the Surrey coroner’s district —
and shall cease to form part of the Metropolitan Police District
TABLE
(1) (2) (3) Area marked On map — Transferred to parish of —
C1 1 Chelsham and Farleigh C2 & C28 2 Titsey C3, C24, C25 & C26, C27
3 }
10 }
11 }
Tatsfield
2
The following areas —
a
the parts of the parish of Chelsham and Farleigh marked B1 and B2 on map 1, and B3 and B4 on map 2;
b
the parts of the parish of Titsey marked B5, B6 and B7 on map 2, and B8 on map 3; and
c
the parts of the parish of Tatsfield marked B15, B16, B17 and B18 on map 10, and B19 on map 11 —
shall be transferred from Surrey and Tandridge to Greater London, to Bromley, to the Biggin Hill ward, to the Bromley petty sessional division and the Southern London coroner’s district, and to the Metropolitan Police District, becoming unparished.
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
26th February 1993


text:
1
This Order may be cited as the Gipsy Encampments (London Borough of Bromley) Order 1993 and shall come into force on 10th February 1993.
2
The area of the London Borough of Bromley is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
13th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackpool, Wyre and Fylde Community Health Services National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Blackpool, Wyre and Fylde Community Health Services 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 Blackpool, Wyre and Fylde Community Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Wesham Park Hospital, Derby Road, Wesham, Preston PR4 3AL and associated hospitals;
b
to manage community health services provided from Wesham Park Hospital, Derby Road, Wesham, Preston PR4 3AL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Blackpool, Wyre and Fylde 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 Blackpool, Wyre and Fylde Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Radnor) Designation Order 1993 and shall come into force on 31st May 1993.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“bank” means a bank made of stone or earth falling within or forming the boundary of a field;
“broadleaved woodland” means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
“buffer zone” means a strip of land, other than land which is enclosed unimproved grassland, enclosed partially improved grassland, hay meadow, semi-natural rough grazings or wetland, which borders a rock outcrop and which is at least 2 metres wide;
“conservation headland” means a strip of arable land comprising an area between a line running parallel to a field boundary at a distance of 2 metres from that boundary and another line running parallel to that boundary at a distance of at least 6 metres from that boundary and upon which, by the selective use of pesticides, beneficial insects and broadleaved weeds are allowed to survive;
“enclosed partially improved grassland” means enclosed grassland which has not been regularly ploughed, levelled or reseeded but which has been modified by the application of herbicides, inorganic or organic fertiliser or by intensive grazing or drainage;
“enclosed unimproved grassland” means enclosed grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with inorganic or organic fertiliser, lime, herbicides or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Secretary of State;
“hay meadow” means a meadow cut in the traditional manner the vegetation of which includes a mixture of native grasses, sedges and wild flowers;
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix or Erica cinerea ;
“livestock unit” means
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“rock outcrop” means an area of land where a stratum of underlying rock is exposed above the surface of the ground and which covers an area above ground of not less than nine square metres;
“scrub” means vegetation consisting primarily of locally native shrubs usually less than five metres in height;
“semi-natural rough grazings” means land where the vegetation consists predominantly of bent ( Agrostis ), fescue ( Festuca ), bracken ( Pteridium aquilinum ), purple moor grass ( Molinia caerulea ), mat grass ( Nardus stricta ), heather ( Calluna vulgaris, Erica tetralix or Erica cinerea ), bilberry ( Vaccinium myrtillus ), cotton grass ( Eriophorum ) or deer grass ( Trichophorum cespitosum );
“traditional farm buildings” means buildings which are in current agricultural use, but excluding living accommodation, and which are built of materials traditional to the locality;
“wetland” means land with a water table at or just below the surface of the soil throughout the majority of the year and includes wet pasture, reed beds, fen bog and willow carr and, except insofar as such land is bordered by enclosed unimproved grassland, enclosed partially improved grassland, hay meadow or semi-natural rough grazings, also includes a strip of land at least 10 metres wide adjoining such land.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the District of Radnorshire in the County of Powys which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of area in the District of Radnorshire in the County of Powys designated by the Environmentally Sensitive Area (Radnor) Designation Order 1993” dated 7th April 1993, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed, SY23 4HT.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify;
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Secretary of State shall make payments under an agreement at the rate of £22 per annum for each hectare of land to which the agreement relates.
2
Where the area of land to which an agreement relates exceeds 20 hectares the Secretary of State shall make payments under the agreement for such land insofar as it exceeds 20 hectares at the following rates: —
a
£17 per annum for each hectare of land which exceeds 20 hectares but which is less than 51 hectares;
b
£10 per annum for each hectare of land which exceeds 50 hectares.
3
Where an agreement includes land of the types to which paragraph 2 of Schedule 1 relates the Secretary of State shall, in addition to any payments made under paragraphs (1) and (2) above, make payments under an agreement for such land at the following rates: —
a
£20 per annum for each hectare of unenclosed semi-natural rough grazings which do not include heather;
b
£35 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather, enclosed partially improved grassland or enclosed unimproved grassland;
c
£35 per annum for each hectare of semi-natural rough grazings which include heather;
d
£45 per annum for each hectare of wetland;
e
£35 per annum for each hectare of hay meadow; and
f
£18 per annum for each hectare of buffer zone.
4
Where an agreement includes the additional provisions specified in Schedule 2 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) inclusive above, make payments at the following rates —
a
£20 per annum for each hectare of wetland and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2;
b
£70 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in sub-paragraph (1) of paragraph 2 of Schedule 2 but is not subject to the additional provisions specified in sub-paragraphs (2) to (4) inclusive of paragraph 2 of that Schedule;
c
£105 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provisions specified in paragraph 2 of Schedule 2;
d
£25 per annum for each hectare of hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 3 of Schedule 2;
e
£20 per annum for each hectare of semi-natural rough grazings where heather forms at least 25 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in paragraph 4 of Schedule 2;
f
£90 per annum for each hectare of arable land which is suitable for the creation of conservation headlands and which under the agreement is subject to the additional provisions specified in paragraph 5 of Schedule 2;
g
£50 per annum for each hectare of land which is suitable for reversion to semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 6 of Schedule 2;
h
£85 per annum for each hectare of land which is suitable for reversion to hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 7 of Schedule 2; and
i
£80 per annum for each hectare of land which is suitable for reversion to wetland and which under the agreement is subject to the additional provisions specified in paragraph 8 of Schedule 2.
5
Where an agreement includes the additional provisions specified in Schedule 3 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (4) inclusive, make payments at the following rates —
a
£5.50 per annum for each metre of a field boundary which is hedgerow per hectare; and
b
£17 per annum for each metre of a field boundary which is a bank or a stone wall per hectare, a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1.
6
Subject to paragraph (7) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates.
7
The payments under paragraph (6) above shall not exceed a maximum of £4,000 per agreement.
David Hunt
Secretary of State for Wales
29th April 1993
We consent,
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
4th May 1993


text:
Citation and commencement
1
This Order may be cited as the Banking Act 1987 (Exempt Persons) Order 1993 and shall come into force on 23rd April 1993.
Exemption
2
Schedule 2 to the Banking Act 1987 shall be amended by the addition of the following new entry after the entry numbered 26 —
27
The Council of Europe Resettlement Fund.
.
Tim Wood
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Import (Plant Health Fees) (England and Wales) Order 1993 and shall come into force on 19th July 1993.
2
In this Order “import licence” means a licence issued under article 30 of the Plant Health (Great Britain) Order 1993 .
Revocations
2
The Import and Export (Plant Health Fees) (England and Wales) Order 1988 and the Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1991 are hereby revoked.
Import fees
3
There shall be paid to the Minister of Agriculture, Fisheries and Food in respect of any service described in column 2 of the Schedule to this Order the fee prescribed in column 3 of the Schedule in relation to that service.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
21st June 1993.
John Redwood
Secretary of State for Wales
30th June 1993
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Suffolk Broads (Extension of Byelaws) Order 1993 and shall come into force on 31st March 1993.
2
In this Order “ the Act ” means the Norfolk and Suffolk Broads Act 1988.
Byelaws
2
1
The byelaws listed in the Schedule hereto shall continue to have effect in relation to the navigation area until 31st March 1995 and may be amended or revoked by byelaws made by the Broads Authority under section 10 of the Act.
2
Any reference in the byelaws continued by this article to the authority or body by whom the byelaws were made, or to an officer or the offices of such authority or body shall be construed as a reference to the Broads Authority, the navigation officer appointed by the Broads Authority under section 10(7) of the Act for the area in question, or the offices of the Broads Authority, as the case may require.
Signed by authority of the Secretary of State of Transport
Caithness
Minister of State,
Department of Transport
25th February 1993


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of East Sussex that the new trunk roads are open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited means the plan numbered plan” PSE A27/13D/65/2/7, marked “The A27 Trunk Road (Polegate Bypass De-Trunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new means the highways to be constructed trunk roads” pursuant to “The A27 Trunk Road (Polegate Bypass) Order 1993 ”, and “The A27 Trunk Road (Polegate Bypass Slip Roads) Order 1993 ”; and
iv
“the Trunk Road” means the Folkestone-Honiton Trunk Road (A27).
3
This Order shall come into force on 1st September 1993 and may be cited as the A27 Trunk Road (Polegate Bypass De-Trunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
27th July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Derbyshire, Nottinghamshire and South Yorkshire (County and District Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“Derbyshire” means the county of Derbyshire (except in the expression “North East Derbyshire”, where it means the Derbyshire district of that name), and any reference to Bolsover is a reference to the Derbyshire district of that name;
“district” includes a borough, a metropolitan borough and a city;
“electoral division” means an electoral division of the non-metropolitan county to which an area is transferred by this Order ;
“the map” means one or more of the 10 maps prepared by the Department of the Environment marked “Maps of the Derbyshire, Nottinghamshire and South Yorkshire (County and District Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Nottinghamshire” means the county of Nottinghamshire, and any reference to Bassetlaw is a reference to the Nottinghamshire district of that name;
“South Yorkshire” means the metropolitan county of South Yorkshire, and any reference to Doncaster, to Rotherham or to Sheffield is a reference to the district of that name in that county;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district to which an area is transferred, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers between Derbyshire (Bolsover and North East Derbyshire) and South Yorkshire (Rotherham)
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Derbyshire, and from the district and the parish named in column 3 to —
a
South Yorkshire;
b
Rotherham;
c
the parish mentioned in column 4; and to
d
the Kiveton Park ward, the Rotherham petty sessional division and the South Yorkshire (East) coroner’s district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Derbyshire, and from — To South Yorkshire, to Rotherham, and to the parish of —
A37 and A38 7 Bolsover Parish of Barlborough Harthill with Woodall A23, A26, A27, A29, A31 and A34 6 Bolsover Parish of Whitwell Thorpe Salvin A41, A43, A44, A46, A48 and A50 7 North East Derbyshire Parish of Killamarsh Harthill with Woodall A51 7 North East Derbyshire Parish of Killamarsh Wales
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from South Yorkshire, from Rotherham and from the parish named in column 3 to —
a
Derbyshire;
b
the district and the parish and parish ward (if any) mentioned in column 4;
c
the ward and electoral division so mentioned; and to
d
the Chesterfield petty sessional division and the Scarsdale coroner’s district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from South Yorkshire, from Rotherham, and from the parish of — To Derbyshire, and to —
A36 and A39 7 Harthill with Woodall Bolsover Parish of Barlborough Barlborough ward Clowne electoral division A22, A24, A25, A28, A30, A32, A33 and A35 5 and 6 Thorpe Salvin Bolsover Parish of Whitwell Whitwell ward Elmton electoral division A40, A42, A45, A47, and A49 7 Harthill with Woodall North East Derbyshire Parish of Killamarsh Killamarsh East parish ward Killamarsh East ward Killamarsh electoral division
Transfers between Nottinghamshire (Bassetlaw) and South Yorkshire (Rotherham)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Nottinghamshire, from Bassetlaw and from the parish (or, where unparished, the ward) named in column 3 to —
a
South Yorkshire;
b
Rotherham;
c
the parish (if any) and ward mentioned in column 4; and to
d
the Rotherham petty sessional division and the South Yorkshire (East) coroner’s district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Nottinghamshire, from Bassetlaw, and from — To South Yorkshire, to Rotherham, and to —
A14 4 Parish of Carlton in Lindrick Parish of Gildingwells St. John’s ward A13 4 Parish of Carlton in Lindrick Parish of Letwell St. John’s ward A17 4 Parish of Carlton in Lindrick Parish of Woodsetts Anston and Woodsetts ward A10 4 Parish of Hodsock Parish of Letwell St. John’s ward A19 and A20 5 Parish of Shireoaks Parish of Thorpe Salvin Kiveton Park ward B13 3 Parish of Styrrup with Oldcotes Maltby ward A15 4 Parish of Wallingwells Parish of Gildingwells St. John’s ward A16 4 Parish of Wallingwells Parish of Woodsetts Anston and Woodsetts ward C19 4 Worksop (North) ward Parish of North and South Anston Anston and Woodsetts ward C12 4 Worksop (North) ward Parish of Woodsetts Anston and Woodsetts ward
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from South Yorkshire, from Rotherham and from the parish (or, where unparished, from the ward) mentioned in column 3 to —
a
Nottinghamshire;
b
Bassetlaw;
c
the parish (if any), ward and electoral division mentioned in column 4; and to
d
the Worksop petty sessional division and the Nottinghamshire coroner’s district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from South Yorkshire, from Rotherham, and from — To Nottinghamshire, to Bassetlaw, and to —
A9 3 Parish of Firbeck Parish of Hodsock Hodsock ward Blyth and Haworth electoral division A12 4 Parish of Letwell Parish of Carlton in Lindrick Carlton ward Worksop North and Carlton electoral division A11 4 Parish of Letwell Parish of Hodsock Hodsock ward Blyth and Harworth electoral division A18 and A21 5 Parish of Thorpe Salvin Parish of Shireoaks Worksop (North West) ward Worksop West electoral division B14 4 Parish of Woodsetts Worksop (North ward Worksop North and Carlton electoral division C10 and C11 3 Maltby ward Parish of Styrrup with Oldcotes Blyth ward Blyth and Harworth electoral division
Transfers within South Yorkshire between Doncaster and Rotherham
5
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Doncaster, and from the parish (or, where unparished, the ward) named in column 3 to Rotherham, to the parish (if any) and the ward mentioned in column 4, and to the Rotherham petty sessional division.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Doncaster, and from — To Rotherham, and to
A8 2 Parish of Braithwell Parish of Ravenfield Bramley, Ravenfield and Wickersley ward A5 and A7 2 Parish of Conisbrough Parks Parish of Hooton Roberts Dalton, Hooton Roberts and Thrybergh ward A1 and A4 2 Parish of Denaby Parish of Hooton Roberts Dalton, Hooton Roberts and Thrybergh ward B3 1 Parish of Denaby Swinton ward B5, B6 and B7 3 Parish of Stainton Maltby ward B8, B9, B10, B11 and B12 3 Parish of Tickhill Maltby ward C1, C2 and C3 2 Conisbrough ward Parish of Hooton Roberts Dalton, Hooton Roberts and Thrybergh ward
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Rotherham, and from the parish (or, if unparished, the ward) named in column 3 to Doncaster, to the parish (if any) and the ward mentioned in column 4, and to the Doncaster petty sessional division.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Rotherham, and from — To Doncaster, and to —
A6 2 Parish of Hooton Roberts Parish of Conisbrough Parks Southern Parks ward A2 and A3 2 Parish of Hooton Roberts Parish of Denaby Conisbrough ward B4 2 Parish of Hooton Roberts Conisbrough ward C4 and C5 3 Maltby ward Parish of Stainton Southern Parks ward C6, C7, C8 and C9 3 Maltby ward Parish of Tickhill Southern Parks ward B1 and B2 1 Swinton ward Mexborough ward
Transfers with South Yorkshire between Rotherham and Sheffield
6
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Rotherham, and from the parish (or, where unparished, the ward) named in column 3 to Sheffield, to the ward named in column 4, and to the Sheffield District petty sessional division and the South Yorkshire (West) coroner’s district, becoming or remaining unparished.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Rotherham, and from — To Sheffield, and to the following ward —
B19 8 and 9 Parish of Brinsworth Darnall B16, B17 and B18 8 and 9 Parish of Catcliffe Darnall B15 8 Parish of Orgreave Darnall B29 8 Parish of Orgreave Handsworth B21 and B23 10 Boston ward Darnall B26 10 Kimberworth ward Brightside B25 10 Kimberworth ward Darnall
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Sheffield, and from the parish (or, if unparished, the ward) named in column 3 to Rotherham, to the parish and parish ward (if any) mentioned in column 4, to the ward so mentioned, in the Rotherham petty sessional division and the South Yorkshire (East) coroner’s district.
TABLE
1. 2. 3. 4. Area marked — On map — Transferred from Sheffield, and from — To Rotherham, and to —
A52 10 Parish of Ecclesfield Parish of Wentworth Thorpe Hesley parish ward Brampton, Melton and Wentworth ward B27 and B28 10 Parish of Ecclesfield Thorpe Hesley ward C17 and C18 8 and 9 Darnall ward Parish of Catcliffe Brinsworth, Catcliffe and Treeton ward C15 and C16 8 Darnall ward Parish of Orgreave Aston, Orgreave and Ulley ward B20, B22 and B24 10 Darnall ward Boston ward C19 8 Handsworth ward Parish of Aston cum Aughton Aston, Orgreave and Ulley ward C14 8 Handsworth ward Parish of Orgreave Aston, Orgreave and Ulley ward C13 7 Mosborough ward Parish of Wales Kiveton Park ward
Town and country planning
7
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
5th March 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.
2
Subject to paragraphs (3) and (4), these Regulations shall come into force on 1st December 1993.
3
In respect of transfers which take place wholly within the United Kingdom or which terminate outside the United Kingdom, regulation 8 shall come into force on 26th September 1994.
4
Regulations 4 to 7 and 13 shall come into force on 1st January 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1972 Act ” means the European Communities Act 1972;
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“the 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“the CE marking” means the marking referred to in regulation 7(4);
“the Civil Uses Directive ” means Council Directive 93/15/ EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses ;
“ the Commission ” means the Commission of the European Communities;
“the essential safety requirements” means the requirements listed in Schedule 1;
“ the Executive ” means the Health and Safety Executive;
“explosives” means explosive articles or explosive substances which have been assigned on classification in accordance with the 1983 Regulations to Class 1;
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means —
a solid or liquid substance, or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“harmonised standard” means a text setting out technical specifications adopted by the European Committee for Standardisation ( CEN ) under a mandate from the Commission in accordance with Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations , and of which the reference number is published in the Official Journal of the European Communities;
“notified body” means a body notified to the Commission by a member State pursuant to Article 6.2 of the Civil Uses Directive.
2
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation, Schedule or Part of the Schedule in which the reference appears; and
c
a numbered Annex is a reference to the Annex to the Civil Uses Directive so numbered.
Application
3
1
Subject to paragraph (2), these Regulations shall apply to all explosives.
2
Regulations 4 to 8 shall not apply to —
a
ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1992 ; or
b
any explosives which it is shown are intended for lawful use by the armed forces or police of any country; or
c
a pyrotechnic article; or
d
an explosive which is used immediately at the place of manufacture; or
e
an explosive article intended for use as a life saving device in a motor vehicle.
3
Regulations 4 to 8 shall not apply in respect of the transfer of explosives to, by or on behalf of, or where, following the transfer, the explosives are in the possession of —
a
any person such as is mentioned in regulation 3(3) of the Control of Explosives Regulations 1991 ;
b
the Crown in respect of any explosives which are intended for use for the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs; or
c
the Executive.
Placing on the market of explosives
4
1
No person shall place any explosives on the market unless —
a
the explosives satisfy such of the essential safety requirements as apply to those explosives; and
b
the conformity of the explosives to the requirements of these Regulations has been attested in accordance with regulation 5; and
c
the CE marking has been affixed to the explosives in accordance with regulation 7.
2
For the purposes of paragraph (1), explosives shall be treated as satisfying the essential safety requirements if they conform to any relevant national standard.
3
For the purposes of this regulation, “national standard” means a standard of a member State —
a
which transposes a relevant harmonised standard; and
b
the reference number of which has been published by that member State pursuant to Article 4.1 of the Civil Uses Directive.
4
For the purpose of this regulation, explosives are placed on the market when they are first supplied or made available to any person with a view to their distribution or use within the Communities or are imported, except with a view to re-export, from outside the Communities, and “place on the market” shall be construed accordingly.
Conformity attestation
5
For the purposes of regulation 4(1)(b), the procedure for attesting conformity of explosives to the requirements of these Regulations shall be —
a
EC type examination (Module B) referred to in Annex II (1) together with —
i
type conformity (Module C) referred to in Annex II(2), or
ii
production quality assurance (Module D) referred to in Annex II(3), or
iii
product quality assurance (Module E) referred to in Annex II(4), or
iv
product verification (Module F) referred to in Annex II(5); or
b
unit verification (Module G) referred to in Annex II(6).
Notified bodies
6
1
The Secretary of State may from time to time appoint in writing such qualified bodies as he thinks fit to be notified bodies for the purposes of these Regulations.
2
An appointment under this regulation may relate to all or any description or class of explosives, may be subject to conditions or to limit of time, and may be revoked in writing at any time.
3
For the purposes of this regulation a body is qualified if it meets the criteria set out in Annex III (minimum criteria to be taken into account by member States for the notification of bodies) or if it meets the assessment criteria laid down by a relevant harmonised standard.
4
The Secretary of State shall —
a
notify the Commission and the other member States of any body appointed under this regulation;
b
revoke the appointment of any such body if it appears to the Secretary of State that that body is no longer qualified; and
c
notify the Commission and the other member States of the revocation of any such appointment.
5
A body appointed by the Secretary of State under this regulation, after agreeing with the applicant any fee in respect of the work to be undertaken by it, shall perform the functions of a notified body under the Civil Uses Directive.
CE marking
7
1
For the purposes of regulation 4(1)(c), the CE marking is properly affixed if —
a
it is visible, easily legible and indelible; and
b
it is of a durable nature such that it will remain visible, easily legible and indelible during normal transport or storage; and
c
it is affixed either —
i
to the explosives themselves, or, where that is not practicable,
ii
to an identification plate which is attached to the explosives and which is so designed as to make its re-use impossible, or, where neither of the above is practicable,
iii
to the packaging of the explosives; and
d
in the case of explosives which are subject to any Community Directive other than the Civil Uses Directive, the requirements imposed by virtue of that other Directive have also been complied with in respect of those explosives.
2
No person shall affix to any explosives the CE marking or any marking or inscription which is liable to be confused with the CE marking except by properly affixing the CE marking to explosives which satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 4.
3
Parts I and III of Schedule 2 shall have effect with respect to any explosives to which the CE marking has been affixed but which do not satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 4.
4
The CE marking shall be in the form shown in Schedule 3.
Transfer of explosives
8
1
Before any explosives are transferred, the consignee shall obtain from the competent authority for the place where the transfer will terminate, a recipient competent authority document which grants approval for the transfer.
2
No person shall consign any explosives for carriage to a place outside Great Britain unless the approval of the relevant authority has been obtained.
3
No person shall consign any explosives for carriage unless he is satisfied that the consignee has the recipient competent authority document required by paragraph (1).
4
No person shall carry explosives unless the explosives are accompanied by the recipient competent authority document required by paragraph (1) or a copy of that document certified by or on behalf of the consignee to be a true copy thereof.
5
For the purposes of this regulation, any transfer of explosives to a place outside the Communities shall be treated as a transfer which will terminate at the place where the explosives are immediately before leaving the Communities.
6
The consignee of any explosives shall retain the recipient competent authority document or a copy thereof for a period of 3 years from the completion of the transfer.
7
This regulation shall not apply to the transfer of any component of small arms ammunition by a person for his own sporting or other recreational use and not for sale, or to the transfer of such component following which the component is in the possession of a person for such purposes.
8
Except as part of a transfer carried out in accordance with this regulation, the importation of explosives into the United Kingdom is prohibited.
9
In this regulation —
“competent authority” means —
in respect of Great Britain, the Executive, and
in respect of Northern Ireland or a place in the territory of a member State other than the United Kingdom, the authority whose responsibilities are specified in Article 9 of the Civil Uses Directive;
“recipient competent authority document” means a document issued in accordance with Article 9.3, 9.5, or 9.6 of the Civil Uses Directive by the competent authority of the member State in which the transfer will terminate;
“relevant authority” means —
in respect of a transfer or part of a transfer which takes place within Great Britain, the Executive, and
in respect of a transfer or part of a transfer which takes place in Northern Ireland or a place in the territory of a member State other than the United Kingdom, the competent authority for each place where the transfer takes or is to take place;
“transfer” means any physical movement of explosives apart from movement within one site.
Enforcement
9
1
Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1989 , the Executive shall be the enforcing authority for these Regulations.
2
An inspector appointed under section 19 of the 1974 Act may seize and detain in accordance with section 74 of the Explosives Act 1875 any explosives which he has reasonable cause to believe will be unlawfully acquired, used or dealt in.
3
Parts II and III of Schedule 2 shall have effect with respect to any explosives to which the CE marking has been affixed but which may compromise safety when used for their intended purpose.
4
Insofar as any provision of regulations 4 to 13 is made under section 2(2) of the 1972 Act —
a
the provisions of the 1974 Act which relate to the approval of codes of practice and their use in criminal proceedings, enforcement and offences shall apply to that provision as if that provision had been made under section 15 of that Act; and
b
breach of a duty imposed by that provision shall confer a right of action in civil proceedings, insofar as that breach of duty causes damage.
Extension outside Great Britain
10
1
These Regulations shall apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 as they apply within Great Britain.
2
These Regulations shall not extend to Northern Ireland.
Exemption certificates
11
1
Subject to paragraph (2) below, the Health and Safety Executive may, by certificate in writing, exempt any person or class of persons or any activity or class of activities from any requirement imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced because of it, that the security of explosives will not be prejudiced and that any provision imposed by the European Communities in respect of the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses will be satisfied.
Modifications
12
1
The Explosives Act 1875 shall be modified to the extent set out in Part I of Schedule 4.
2
The Control of Explosives Regulations 1991 shall be modified to the extent set out in Part II of Schedule 4.
Saving
13
Until 31st December 2002, it shall be sufficient compliance with regulation 4 if any explosives comply with any requirement of the relevant statutory provisions to which they would have been subject on 31st December 1994.
Revocations
14
Except in their application to Northern Ireland, Order in Council ( No. 10) dated 27th November 1875 and Order in Council (No. 10A) dated 26th June 1884 are revoked.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
4th November 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Insurance Companies (Cancellation No. 2) Regulations 1993 and shall come into force on 20th May 1993.
2
The Insurance Companies Regulations 1981 (“the principal Regulations”) shall have effect subject to the following amendments.
Notice of long-term contract
2
1
Regulation 70 of the principal Regulations (notice of long-term contract) shall be amended as follows.
2
For paragraph (1) substitute —
1
Subject to the following provisions of this regulation —
a
a statutory notice in relation to a long-term contract which is not an investment agreement shall have the contents and be in the form set out in Schedule 10;
b
a statutory notice in relation to a long-term contract which is an investment agreement shall have the contents and be in the form set out in Schedule 11; and
c
the notice of cancellation annexed to a statutory notice shall have the contents and be in the form set out in Schedule 12.
.
3
In paragraph (2), omit the words after “single sheet of paper”.
4
In paragraph (3), omit the words “of a colour which is readily distinguishable from the colour of the paper;”.
5
Omit paragraphs (4), (5) and (9).
6
For paragraph (10) substitute —
10
For the purposes of this regulation and Schedules 10, 11 and 12 —
“ EC contract” means an EC contract within the meaning given in section 75(5B) of the Insurance Companies Act 1982;
“investment agreement” means an investment agreement within the meaning given in section 44(9) of the Financial Services Act 1986 ;
“long-term contract” means a contract for long-term business;
“non-EC contract” means a non-EC contract within the meaning given in section 75(5B) of the Insurance Companies Act 1982;
“notice of cancellation” means a notice of the kind mentioned in section 75(2)(b) of the Insurance Companies Act 1982;
“statutory notice” means a notice of the kind mentioned in section 75(2) of the Insurance Companies Act 1982; headed “Your right to withdraw from the transaction” the description or title of the person to whom the notice of cancellation should be sent may be substituted for or included with the name of that person.
.
Exemptions from regulation 70
3
For regulation 71 of the principal Regulations (exemptions from regulation 70) substitute —
Exemptions from regulation 70
71
Section 75(1) of the Insurance Companies Act 1982 and regulation 70 above (which, in relation to EC contracts, when read with section 76 of that Act implement Article 15(1) of Council Directive 90/619/ EEC as amended by Article 30 of Council Directive 92/96/EEC ) shall not apply to —
a
contracts where none of the proposers or policy holders is an individual;
b
contracts of term assurance effected for periods of six months or less;
c
contracts of reinsurance;
d
contracts which insure a policy holder’s obligations to make payments under a personal credit agreement of the kind mentioned in section 8(1) of the Consumer Credit Act 1974 or a consumer hire agreement of the kind mentioned in section 15(1) of that Act where the terms of that personal credit agreement or consumer hire agreement have been entered into on the understanding that the long-term contract will remain in force.
.
Statutory notice
4
For Schedule 10 to the principal Regulations there shall be substituted Schedule 1 to these Regulations (statutory notice: non-investment contracts) and for Schedule 11 to the principal Regulations there shall be substituted Schedule 2 to these Regulations (statutory notice: investment contracts).
N. Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
19th April 1993


text:
Citation
1
This Order may be cited as the Education (School Curriculum and Assessment Authority) (Orders for Transfer of Property and Staff) Order 1993.
Substitution of shorter period for making orders transferring property and staff to School Curriculum and Assessment Authority
2
There is substituted for the period specified in sections 247(2) and 248(6) of the Education Act 1993 (“ the Act ”), being in both sections a period of six months beginning with the day on which section 244 of the Act came into force , the period of two months and fifteen days beginning with the day on which section 244 of the Act came into force.
John Patten
Secretary of State for Education
9th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Ayrshire and Arran National Health Service Trust (Appointment of Trustees) Order 1993, and shall come into force on 30th April 1993.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“the Trust” means the North Ayrshire and Arran National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the Trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the Trust under section 12G of the Act.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
19th April 1993