text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid — Staffordshire General Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mid-Staffordshire General Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mid — Staffordshire General Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Stafford District General Hospital, Weston Road, Stafford ST16 3SA and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Mid — Staffordshire 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 Mid — Staffordshire 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 Mid-Staffordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 (Amendment) Regulations 1992 and shall come into force on the 25th February 1992.
2
The Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 shall be amended by the insertion at the end of part IIA of a new Part II AA as follows: —
PartIIAA —
STABILITY OF SHIPS OF 100M OR OVERCONSTRUCTED ON OR AFTER 1ST FEBRUARY 1992
Interpretation
8A
In this Part: —
“attained subdivision index” means, in relation to a ship, the attained subdivision index of the ship calculated in accordance with regulation 8C.
“ IMO ” means the International Maritime Organisation;
“subdivision length” means, in relation to a ship, the greatest projected moulded length of that part of the ship at or below deck or decks limiting the vertical extent of flooding with the ship at the deepest subdivision load line;
“subdivision load line” means a waterline used in determining the subdivision of the ship: and “deepest subdivision load line” means the subdivision load line which corresponds to the summer draught to be assigned to the ship.
Application
8B
This Part applies to every ship of 100m or over in sub-division length of which the keel was laid or which was at a similar stage of construction on or after 1st February 1992, except: —
a
any United Kingdom ship in respect of which there is in force —
i
a certificate issued pursuant to regulation 7 of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 , showing that the ship complies with regulation 29 of those Regulations, or
ii
a certificate issued pursuant to regulation 5 of the Merchant Shipping (IBC Code) Regulations 1987 , or
iii
a certificate issued pursuant to regulation 5 of the Merchant Shipping (Gas Carriers) Regulations 1986, , or
iv
a certificate issued pursuant to regulation 5 of the Merchant Shipping (BCH Code) Regulations 1987 showing that the ship complies with Chapter II of that Code, or
v
a document issued by the Secretary of State certifying that the ship complies with the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (Gas Carrier Code) (1983 edition) published by IMO, or
vi
a document issued by the Secretary of State, certifying that the ship complies with Chapter 3 of the Guidelines for the Design and Construction of Offshore Supply Vessels annexed to IMO Resolution A.469( XII ), or
vii
a document issued by the Secretary of State certifying that the ship complies with the Code of Safety for Special Purpose Ships annexed to IMO Resolution A.534(13), and
b
any United Kingdom ship which complies with the damage stability requirement of paragraph 5 of the Part I of Schedule 5 to the Load Lines Rules 1968 ; and
c
any ship (other than a United Kingdom ship) which complies with —
i
regulation 25 of Annex 1 to the International Convention for the Prevention of Pollution from Ships 1973/78, or
ii
the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) (1990 edition) published by IMO, or
iii
the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) annexed to IMO Resolution MSC.5(48), or
iv
the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code) (1990 edition) published by IMO, or
v
the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (Gas Carrier Code) (1983 edition) published by IMO, or
vi
the Guidelines for the Safety and Construction of Offshore Supply Vessels mentioned in paragraph (a)(vi) above, or
vii
the Code for the Safety of Special Purpose Ships mentioned in paragraph (a)(vii) above, or
viii
both with the damage stability requirements of regulation 27 of the International Load Line Convention 1966 as modified by IMO Resolutions A.320( IX ) and 514(13) and, in the case of ships to which paragraph (9) of that regulation applies, with paragraph (12)(f) of Resolution A.320(IX).
Subdivision indices
8C
1
The attained subdivision index of every ship to which this Part applies shall not be less than the required subdivision index of that ship.
2
The attained subdivision index of a ship is the value “A” calculated in respect of that ship in accordance with the formula specified in paragraph 3 of Annex I of Merchant Shipping Notice No. M1476 and the required subdivision index for a ship, is the value “R” calculated in respect of that ship in accordance with the formula specified in paragraph 2 of Annex Ito that notice.
3
In calculating “A” and “R” regard shall be had to the explanatory notes set out in Annex II to that M Notice.
Stability information
8D
1
The master of every ship to which this Part applies shall be supplied with such reliable information as is necessary to enable him by rapid and simple means to determine the stability of the ship under varying conditions of service.
2
That information shall include: —
a
One of the following: —
i
a curve of minimum operational metacentric height ( GM )
versus draught which assures compliance with the applicable intact stability requirements of Schedule 4 Part I to the Merchant Shipping (Load Lines) Rules 1968 or with the attained subdivision index of the ship, whichever is the more onerous condition or, where curves representing the requirements cross the part of each curve which represents the more onerous requirement; or
ii
a (corresponding)
curve of the maximum allowable vertical centre of gravity ( KG ) versus draught; or
iii
a tabular or equivalent presentation of either of these curves; and
b
instructions concerning the operation of cross-flooding arrangements; and
c
all other data and means of presentation necessary to assist the crew to maintain stability after damage.
3
Where the curve provided or presented in compliance with regulation 8D(2)(a) is based wholly or in part on the attained subdivision index ofthe ship the operational GM(KG) values shall be applied in the manner and to the extent specified in paragraph 7 of Annex I to Merchant Shipping Notice No. M1476;
4
a
The information required to be supplied by this regulation shall, before it is supplied to the master, be submitted for approval to that Assigning Authority to which the information supplied in respect of the ship pursuant to rule 30 of the Merchant Shipping (Load Line) Rules 1968 is required to be submitted in accordance with paragraph (5) of that rule. The information shall incorporate such additions and amendments as the Assigning Authority may specify for the purpose of ensuring that it complies with the provisions of this regulation.
b
In this paragraph, “Assigning Authority” has the same meaning as in the Merchant Shipping (Load Line) Rules 1968.
5
There shall be permanently exhibited or readily available on the navigating bridge for the guidance of the officer in charge of the ship, plans showing clearly for each deck and hold the boundaries of the watertight compartments, the openings therein, the means of closure and position of any controls thereof, and the arrangements for the correction of any list due to flooding. In addition, booklets containing the aforementioned information shall be made available by the owners for the use of the officers of the ship.
Openings in watertight bulkheads and internal decks
8E
1
The number of openings in the boundaries of watertight compartments shall be the minimum compatible with the design and proper working of the ship. Where penetration of watertight bulkheads and internal decks is necessary for access, piping, ventilation, electrical cables, or for any other purpose, arrangements shall be made to maintain watertight integrity at each such point of penetration. The Certifying Authority may permit openings in compartment boundaries above the free board deck to be weathertight rather than watertight where it is demonstrated that any progressive flooding resulting therefrom could be easily controlled and that safety of the ship would not be thereby impaired.
2
Doors provided to ensure the watertight integrity of internal openings which are used while the ship is at sea shall be of the sliding watertight type and capable of being remotely closed from the bridge and capable also of being operated locally from each side of the door without automatic closure of the door. Indicators shall be provided at the bridge position showing whether the doors are open or closed, and an audible alarm shall be provided at the door closure. The power for operating and controlling the doors, indicators and alarms shall be supplied from the emergency switchboard required by regulation 45. The control system shall be so designed that if the system fails closure by hand will not be prevented or impeded. Each power-operated sliding watertight door shall be provided with an individual hand-operated opening and closing mechanism. Means shall be provided at the door itself to open and close the door safely by hand from both sides and from an accessibleposition above the bulkhead deck.
3
Access doors and access hatch covers normally closed at sea and intended to ensure the watertight integrity of internal openings, shall be provided with means of indication locally and on the bridge showing whether these doors or hatch covers are open or closed. A notice shall be affixed to each such door or hatch cover stating that it is not to be left open at sea. Such doors and hatch covers shall not be used except where access is necessary and is authorised by the officer of the watch.
4
Watertight doors or ramps of satisfactory construction may be fitted to subdivide large cargo spaces internally where the Certifying Authority is satisfied that such doors or ramps are essential. Such doors or ramps may be of the hinged, rolling or sliding type, but shall not be remotely controlled. Such doors or ramps shall be closed before the voyage commences and shall be kept closed throughout the voyage. The time of opening such doors or ramps when the voyage has ended and of closing them before the voyage commences shall be entered in the log book. Any doors or ramps which may be accessible during the voyage shall be fitted with a device which prevents unauthorised opening.
5
Every closing appliance which is required to be kept permanently closed at sea to ensure the watertight integrity of a compartment shall be provided with a notice affixed to it stating that it is to be kept closed; provided that manholes secured by closely bolted covers need not be so marked.
External openings
8F
1
All external openings which lead to compartments assumed intact for the purposes of calculating the subdivision index “A”, and which are below the final damage waterlines, shall be watertight.
2
External openings required to be watertight in accordance with paragraph (1) shall be of sufficient strength and, except in the case of cargo hatch covers,shall be fitted with indicators on the bridge.
3
Openings in the shell plating below the deck limiting the vertical extent of damage shall be kept permanently closed while at sea. Any of these openings which may be accessible during the voyage, shall be fitted with a device which prevents unauthorised opening.
4
Notwithstanding the requirements of paragraph (3), the Certifying Authority may authorise the opening of specific doors, at the discretion of the master, if it is satisfied that such opening is necessary for the operation of the ship and provided that the safety of the ship would not be thereby impaired.
5
Every watertight closing appliance which is required to be permanently closed at sea to ensure the integrity of an external opening shall be provided with a notice affixed to it stating that it is to be kept closed at sea: provided that manholes secured by closely bolted covers need not be so marked.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
28th January 1992


text:
1
This Order may be cited as the A1 Trunk Road (Holloway Road, Islington) Experimental Traffic Order 1992 and shall come into force on 25th May 1992.
2
In this Order —
“the central reservation”means that part of the trunk road which separates its two carriageways for the safety and guidance of vehicles using that road;
“Loraine Road”, “Hercules Street”, “Tufnell Park Road”, “Seven Sisters Road”, “Camden Road”, “Tollington Road”and “Parkhurst Road”mean the roads of those names in the London Borough of Islington; and
“the trunk road”means that length of the A1 trunk road in the London Borough of Islington known as Holloway Road.
3
Save as provided in articles 6 and 7 below, no person shall cause or permit any vehicle on entering the trunk road from either Loraine Road or Hercules Street to proceed in any direction other than southbound.
4
Save as provided in articles 6 and 7 below, no person shall cause or permit any vehicle proceeding in the trunk road to make a U-turn, so as to proceed in the opposite direction, through the gap in the central reservation opposite: —
a
Tufnell Park Road,
b
Parkhurst Road and Seven Sisters Road,
c
Camden Road and Tollington Road, or
d
Loraine Road.
5
While this Order is in force —
a
article 4 of the Islington (Prescribed Routes) ( No. 1) Traffic Order 1979 shall be suspended, and
b
article 4 of the Islington (Prescribed Routes) Traffic Order 1966 shall be suspended in so far as it prohibits vehicles from turning right on entering the trunk road from Parkhurst Road.
6
While this Order is in force an Assistant Secretary in the London Regional Directorate of the Department of Transport may, if it appears to him essential in the interests of the expeditious, convenient and safe movement of traffic, and after —
a
consulting with the Commissioner of Police of the Metropolis; and
b
giving such notice as the Secretary of State for Transport may direct,
make modifications of any description (other than additions) to the Order or suspend the Order or any provision of the Order.
7
Nothing in articles 3 or 4 above shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
P E Butler
Assistant Secretary London Regional Directorate
11th May


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Council Tax Benefit (Transitional) Order 1992 and shall come into force on 31st August 1992.
2
In this Order unless the context otherwise requires —
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Contributions and Benefits Act 1992 ” means the Social Security Contributions and Benefits Act 1992 ;
“the 1992 Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the 1989 Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“appropriate authority” means —
in England and Wales, the billing authority to which Part I of the Local Government Finance Act 1992 refers,
in Scotland, the levying authority to which Part II of that Act refers;
“community charge benefits” means the benefits of that name to which section 123(1) of the Contributions and Benefits Act 1992 refers;
“council tax benefit” means the benefit of that name to which section 123(1) of the Contributions and Benefits Act 1992 refers(g);
“housing benefit” means the benefit of that name to which section 123(1) of the Contributions and Benefits Act 1992 refers;
“the relevant date” means 1st April 1993;
and other expressions have the same meanings as in the 1992 Regulations.
3
Unless the context otherwise requires, in this Order a reference in an article to a numbered paragraph is a reference to the paragraph in that article bearing that number.
Transitional provision for claims
2
1
A claim for housing benefit under the 1987 Regulations or for community charge benefits under the 1989 Regulations made to the appropriate authority at any time in the period beginning with 31st August 1992 and ending with 31st March 1993, may in addition be treated as a claim for council tax benefit.
2
Except in cases to which article 3 applies, where an appropriate authority is of the opinion that unless there is a change of circumstances a person will satisfy the conditions of entitlement for council tax benefit on the relevant date, it may invite him to claim council tax benefit from that date.
3
Any claim for council tax benefit made under this Order or under the 1992 Regulations in the period prior to 1st April 1993, shall be treated as made in respect of a benefit period beginning on the relevant date, except where the claim is in respect of a period beginning on a later date, and regulation 62(10) of the 1992 Regulations (8 week time limit on claims in advance of entitlement) shall not apply to a claim so treated.
4
A claim for community charge benefits under the 1989 Regulations made but not determined before the relevant date —
a
shall remain effective, in respect of any period before that date, as a claim for benefit under those Regulations; and
b
shall be treated, in respect of any later period, as a claim for council tax benefit under the 1992 Regulations.
5
Subject to the provisions of this Order, any claim for council tax benefit under the 1992 Regulations made or treated as made in accordance with paragraphs (3) or (4)(b) may be determined before the relevant date in accordance with those Regulations.
6
A determination which is made awarding council tax benefit under the 1992 Regulations in accordance with paragraph (5) —
a
may award that benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement will be satisfied from that date;
b
shall be subject to the conditions for entitlement satisfied on the relevant date; and
c
may be reviewed if any question arises as to the satisfaction of those conditions.
7
Regulation 66(3) of the 1992 Regulations (time within which claims are to be determined) shall not apply to claims for council tax benefit made or treated as made under this article until 14 days before the relevant date.
8
To determine a person’s entitlement to council tax benefit under the 1992 Regulations for the purposes of this Order, the appropriate authority may require that person to furnish such certificates, documents, information and evidence as it may reasonably require.
Waiver of claims
3
1
Notwithstanding the provisions of section 1 of the Administration Act (necessity of claims for entitlement to benefit), the appropriate authority may determine that, with respect to any person who has been awarded either housing benefit or community charge benefits for a benefit period which includes 31st March 1993, it shall not be a condition of entitlement to council tax benefit under the 1992 Regulations that a claim for that benefit has been made; and where it so determines the provisions of the Administration Act and the Contributions and Benefits Act 1992 and regulations made thereunder shall apply, subject to the following provisions of this Order, as if a claim for that benefit had been duly made by or on behalf of a person to whom this paragraph applies in respect of a period beginning on the relevant date.
2
Where by virtue of paragraph (1) a person’s entitlement to council tax benefit falls to be determined as if a claim for it has been made, his entitlement may be determined at an earlier date than the relevant date if that person is entitled to either housing benefit or community charge benefit at that earlier date; and any entitlement to council tax benefit shall be determined in accordance with the 1992 Regulations as if the whole of those Regulations were in force.
3
A determination which is made awarding council tax benefit under the 1992 Regulations in accordance with paragraph (2) —
a
may award benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement will be satisfied from that date;
b
shall be subject to the conditions for entitlement being satisfied on the relevant date; and
c
may be reviewed if any question arises as to the satisfaction of those conditions.
Further provision for initial claims
4
1
Subject to paragraph (2), where —
a
a person is liable for council tax from the relevant date; and
b
a claim for council tax benefit in respect of that tax is received by the designated office of the appropriate authority either —
i
not more than 56 days after the relevant date, or
ii
where the claimant does not receive his first council tax demand notice stating the payment he is required to make until after the relevant date, not more than 56 days from the date he receives that notice;
the claim for council tax benefit shall be treated as having been made on the relevant date.
2
Where the claimant does not receive his first council tax demand notice until after the relevant date but the delay in the issue of the notice is due to his own act or omission, paragraph (1)(b)(ii) shall not apply in his case.
Determinations
5
1
Where a determination, which is made by the appropriate authority before the relevant date in order that it may be effective from that date, is notified to a person before that date, regulation 69(2) of the 1992 Regulations (representations on reviews) shall have effect as though for the reference in that provision to a period of 6 weeks from the notification of the determination there were substituted a reference to a period of 6 weeks beginning on the relevant date.
2
A determination under this Order shall be treated for the purposes of regulations 69 to 76 (reviews) as if it were a determination under those Regulations.
Recovery of overpayments of community charge benefits
6
Without prejudice to any other method of recovery, an overpayment of community charge benefits made to a person by an appropriate authority under the 1989 Regulations, which is recoverable under those Regulations by that authority, may be recovered by that authority, where council tax benefit is due from that authority to the person concerned, in the same manner as excess benefits may be recovered under the 1992 Regulations.
Outstanding community charge benefits
7
Where, on or after the relevant date, outstanding community charge benefit remains due to a person from an appropriate authority in respect of a benefit period ending on or before 31st March 1993, that authority may discharge that person’s entitlement to the community charge benefit by a reduction in the amount that that person is or becomes liable to pay to that authority in respect of council tax for the financial year beginning on the relevant date.
Information to be supplied by an appropriate authority to the Secretary of State with respect to claimants for council tax benefit
8
In the period from 31st August 1992 to 31st March 1993, in addition to the information which is to be supplied by an appropriate authority to the Secretary of State in accordance with regulation 93 of the 1992 Regulations, an appropriate authority shall inform the Secretary of State of the name and national insurance number of any claimant or claimants for council tax benefit who are in receipt of income support and in respect of whom a determination has been made under this Order as to their entitlement to council tax benefit, provided that that information is required by the Secretary of State in connection with his functions under the Administration Act 1992 and the Contributions and Benefits Act 1992.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
3rd August 1992


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1992 and shall come into force on27th November 1992.
2
These Regulations extend to England and Wales.
Amendment of the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990
2
The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990 (“the Milk Charges Regulations”) shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
3
In regulation 2(1)(a) of the Milk Charges Regulations in the definition of “sampling dairy farm visit” the words “or water or both” shall be deleted.
Amendment of Schedule
4
In paragraph 2 of the Schedule to the Milk Charges Regulations for the figures “47.00” there shall be substituted the figures “63.00”.
5
In paragraphs 1 and 2 of the Schedule to the Milk Charges Regulations the words “or of water or both” in each place where they occur shall be deleted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State for Health
5th November 1992
David Hunt
Secretary of State for Wales
2nd November 1992


text:
Commencement and citation
1
These Regulations may be cited as the Employers' Liability (Compulsory Insurance) Exemption (Amendment) Regulations 1992 and shall come into force on 1st July 1994.
Amendment of the Employers' Liability (Compulsory Insurance) Exemption Regulations 1971
2
Regulation 3 of the Employers' Liability (Compulsory Insurance) Exemption Regulations 1971 shall be amended as follows: —
a
at the end of paragraph (y) for the full stop there shall be substituted a semi-colon; and
b
after paragraph (y) there shall be inserted the following new paragraph: —
z
any employer to the extent he is required to insure and maintain insurance by section 1(1) of the Act against liability for bodily injury sustained by his employee when the employee is —
i
carried in or upon a vehicle; or
ii
entering or getting on to, or alighting from, a vehicle,
in the circumstances specified in that subsection and where that bodily injury is caused by, or arises out of, the use by the employer of a vehicle on a road; and the expressions “road”, “use” and “vehicle” have the same meanings as in Part VI of the Road Traffic Act 1988(a).
.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
10th December 1992


text:
1
These Regulations may be cited as the Friendly Societies (Fees) Regulations 1992 and shall come into force on 1st April 1992.
2
The Friendly Societies Regulations 1975 shall be amended by substituting for Schedule 2 thereto the following Schedule —


text:
1
This Order may be cited as the School Teachers' Pay and Conditions Act 1991 (Commencement No. 2 and Transitional Provision) Order 1992.
2
In this Order “the 1991 Act ” means the School Teachers' Pay and Conditions Act 1991.
3
Subject to article 4 of this Order, sections 2(1) to (6) and (8), 3 and 6(3) of and Schedule 2 to the 1991 Act shall come into force on 6th March 1992.
4
Until the date on which the first pay and conditions order made under section 2(1) of the 1991 Act comes into force, nothing in article 3 above shall affect the continued operation of the Education (School Teachers' Pay and Conditions) Order 1991 .
Kenneth Clarke
Secretary of State for Education and Science
5th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Assistance for Minor Works to Dwellings (Lead Pipes) Order 1992 and shall come into force on 1st September 1992.
2
For the purposes of this Order —
a
“associated equipment” includes any plumbing fittings which are within the pipe work or are necessary to connect the pipe to the tap or main and includes, where the supply of water is indirect, the storage tank; and
b
a direct connection to the main is one whereby the water at the tap is subject to water pressure from the main, or would be so subject but for the closing of a valve.
Specified Purposes
2
The following are specified as purposes for which a local housing authority may give assistance as mentioned in section 131(2) of the Local Government and Housing Act 1989 (assistance for the provision of minor works to dwellings) —
a
the replacement of —
i
the whole or part of a pipe which is made wholly or substantially of lead and which connects (directly or indirectly) to the main a tap which is used mainly for supplying water for drinking or cooking in a dwelling, and
ii
any associated equipment,
by a pipe and any associated equipment not made of lead, which will connect that tap directly or, where that is not practicable, indirectly to the main; and
b
the replacement of the electrical earthing arrangements of that dwelling where these use such a lead pipe and that lead pipe is being replaced in circumstances in which paragraph (a) above applies.
Michael Howard
Secretary of State for the Environment
22nd July 1992
David Hunt
Secretary of State for Wales
23rd July 1992


text:
Citation and interpretation
1
1
This Order may be cited as the Planning (Hazardous Substances) Act 1990 (Commencement and Transitional Provisions) Order 1992.
2
In this Order, “the 1990 Act ” means the Planning (Hazardous Substances) Act 1990.
Provisions coming into force with limited effect on 11th March 1992
2
So much of the provisions of the 1990 Act as confer on the Secretary of State a power or impose upon him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, shall come into force, for the purpose only of enabling or requiring the Secretary of State to make regulations, on 11th March 1992.
Provisions coming into force on 1st June 1992
3
The provisions of the 1990 Act, so far as not brought into force by article 2, shall come into force on 1st June 1992.
Transitional exemptions
4
1
No offence is committed under section 23 of the 1990 Act, and no hazardous substances contravention notice may be issued, in respect of the presence of a hazardous substance without hazardous substances consent during the period of 28 days beginning with 1st June 1992.
2
Where an application for hazardous substances consent under the 1990 Act is received by the hazardous substances authority within the 28 day period mentioned in paragraph (1), no offence is committed under section 23, and no hazardous substances contravention notice may be issued, in respect of a hazardous substance included in the application and present on, over or under the land to which the application applies during the period beginning with the date on which the application is so received and ending on the determination of the application, or 8 weeks after the application is so received, whichever is the earlier.
3
This article is without prejudice to the transitional exemption insection 26 of the 1990 Act.
Michael Heseltine
Secretary of State for the Environment
10th March 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Kettering Borough Council) Order 1992 and shall come into force on 1st January 1993.
Exemption of sports and leisure management
2
The management of sports and leisure facilities by the Kettering Borough Council shall not be treated as a defined activity so long as it is undertaken at–
a
Kettering Recreation Centre, Northampton Road, Kettering, or
b
Kettering Leisure Village, Thurston Drive, Kettering
before 1st August 1993.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under-Secretary of State,
Department of the Environment
9th December 1992


text:
Citation and Commencement
1
1
These Regulations may be cited as the Harbour Works (Assessment of Environmental Effects) Regulations 1992.
2
These Regulations shall come into force on 15th July 1992.
Amendment of the Harbours Act 1964
2
The Harbours Act 1964 , so far as it extends to Scotland, shall have effect subject to the like amendments as were made to that Act, so far as it did not so extend, by the Harbour Works (Assessment of Environmental Effects) Regulations 1988 .
3
1
Part I of Schedule 3 to the Harbours Act 1964 shall be further amended as follows.
2
In paragraph 1A(1) , for the words “relating to a harbour in England or Wales is made after the coming into force of this paragraph,” there shall be substituted the following words —
is made on or after —
3rd August 1988, in the case of a harbour in England or Wales; or
15th July 1992, in the case of a harbour in Scotland;
.
John MacGregor
Secretary of State for Transport
15th June 1992
Ian Lang
Secretary of State for Scotland
16th June 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1992 and shall come into force on 12th September 1992.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order, and the reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop, etc , as is mentioned in any entry in column 1 of the Schedule —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount which, for the period of 12 months beginning with 12th September 1992, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1991 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheriesand Food
4th August 1992.
David Hunt
Secretary of State for Wales
5th August 1992


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Appellate and Other Functions) Regulations 1992, and shall come into force on 1st April 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“ FHSA ” means a Family Health Services Authority ;
“the Medical Regulations ” means the National Health Service (General Medical Services) Regulations 1992 ;
“the Pharmaceutical Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“relevant functions” means the functions which, by virtue of section 13 of the Act and of these Regulations, are exercisable by the Yorkshire Regional Health Authority;
“the Schedule” means the Schedule to these Regulations;
“the Yorkshire Regional Health Authority” means the Regional Health Authority established for the Counties of Humberside, North Yorkshire and West Yorkshire .
2
Unless the context otherwise requires —
a
any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations;and
b
any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Functions made exercisable by Yorkshire Regional Health Authority
3
1
Subject to paragraph (3), any function of the Secretary of State under a provision mentioned in column (1) of Part I, II or III of the Schedule (the subject matter of which is indicated in a corresponding entry in column (2)) shall be exercised on his behalf by the Yorkshire Regional Health Authority.
2
Subject to paragraph (3) and regulation 6 (transitional provisions), where, by virtue of —
a
regulation 25 of the Pharmaceutical Regulations, the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 continue to have effect as respects any function conferred on the Secretary of State under any provision mentioned in column (1) of Part IV of the Schedule (the subject matter of which is indicated in a corresponding entry in column (2)); or
b
regulation 38 of the National Health Service (Service Committees and Tribunal) Regulations 1992 , the National Health Service (Service Committees and Tribunal) Regulations 1974 continue to have effect as respects any function conferred on the Secretary of State under any provision mentioned in column (1) of Part V of the Schedule (the subject matter of which is indicated in a corresponding entry in column (2)),
that function shall be exercised on his behalf by the Yorkshire Regional Health Authority.
3
Nothing in paragraph (1) or (2) makes exercisable by the Yorkshire Regional Health Authority any function of the Secretary of State in relation to —
a
any —
i
investigation or proposed investigation, or
ii
referral or proposed referral of any matter for investigation,
by a committee of an FHSA whose locality is in Wales;
b
the appointment of any member of such a committee;
c
any decision, report or recommendation of —
i
an FHSA whose locality is in Wales,
ii
a committee of such an FHSA, or
iii
any other body appointed by such an FHSA;
d
any appeal against such a decision;
e
the appointment of any person to hold a hearing, give advice or make a determination in connection with any matter referred to in sub-paragraph (c) or (d) of this paragraph.
Exercise of appellate functions by Yorkshire Regional Health Authority
4
1
The Yorkshire Regional Health Authority shall, as respects its relevant functions, make arrangements for the exercise of those functions on its behalf —
a
as respects any function under regulation 36(12) and (15) of the Medical Regulations or regulation 8(7), (10) or (15), 10(5) or (6) or 13(5), (8) or (13) of the Pharmaceutical Regulations or regulation 29(4A) of, or paragraph 4 of Schedule 4C to, the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974, by a committee established by that Authority for the purpose and constituted —
i
in the case of regulation 36(12) and (15) of the Medical Regulations, in accordance with paragraph (2), and
ii
in the case of any other provision mentioned in this sub-paragraph, in accordance with paragraph (4);
b
as respects any function arising under any other provision mentioned in the Schedule, by an officer of that Authority.
2
Subject to paragraph (3), a committee established for the purposes of paragraph (1)(a)(i) shall comprise a chairman and two other members, of whom —
a
the chairman shall be a barrister or a solicitor;
b
one of the other members shall be a medical practitioner whose name is included in a list published by an FHSA under section 29(2)(a) of the Act; and
c
the remaining member shall be a medical practitioner.
3
A medical practitioner shall not be appointed as a member of a committee constituted under paragraph (2) if his name is included in the list published under section 29(2)(a) of the Act by the FHSA whose decision is the subject of an appeal which the committee is established to determine.
4
A committee established for the purposes of paragraph(1)(a)(ii) —
a
may, but need not, be composed wholly or partly of officers of the Yorkshire Regional Health Authority; and
b
shall consist of no more than 5 members, of whom —
i
in the case of a committee consisting of two members, both members shall be lay persons, or
ii
in the case of a committee consisting of more than two members, either all, or a majority, of the members shall be lay persons; but
c
shall not, when exercising any function conferred by —
i
regulation 8(7), (10) or (15) of the Pharmaceutical Regulations, include any person whose name is included in a list published under section 42(2)(a) of the Act (lists of persons undertaking to provide pharmaceutical services) or any employee of such a person,
ii
any provision to which paragraph (1)(a)(ii) applies, include any person, or any employee of a person, whose name is included in any list published under section 29(2)(a) or 42(2)(a) of the Act (lists of persons undertaking to provide general medical services or pharmaceutical services) by the FHSA whose decision is the subject of an appeal which the committee is established to determine.
5
In this regulation, “lay person” means a person who is not, and never has been —
a
a medical practitioner;
b
a dental practitioner;
c
a registered pharmacist;
d
a registered ophthalmic optician or a registered dispensing optician within the meaning of the Opticians Act 1989 ; or
e
a registered nurse, a registered midwife or a registered health visitor .
Transitional provision
5
Where, before 1st April 1992 —
a
any appeal or application under a provision mentioned in column (1) of Part V of the Schedule is received by the Secretary of State; or
b
any other matter is referred to the Secretary of State under any such provision,
the Secretary of State shall, as respects that appeal, application or other matter, discharge his functions under the provision in question as if these Regulations had not come into force.
Revocation
6
The National Health Service (Appellate Functions) (Directions to Authorities) Regulations 1991 are hereby revoked.
William Waldegrave
Secretary of State for Health
10th March 1992


text:
1
This Order may be cited as the Civil Aviation Act 1982 (Guernsey) Order 1992 and shall come into force on 11th March 1992.
2
The provisions of the Civil Aviation Act 1982 which are listed in Part I of Schedule 1 to this Order shall extend to the Bailiwick of Guernsey with the modifications specified in Part II of that Schedule.
3
The Orders specified in Schedule 2 to this Order are hereby revoked to the extent that they relate to the extension to the Bailiwick of Guernsey of any enactment which is repealed by and re-enacted in the Civil Aviation Act 1982.
4
The Civil Aviation Act 1982 (Guernsey) Order 1986 is hereby revoked.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing (Service Charge Loans) Regulations 1992 and shall come into force on 17th August 1992.
2
In these Regulations —
a
“ the Act ” means the Housing Act 1985,
“lender”, in relation to the tenants of a housing association, means the Corporation, and in other cases means the landlord; and
b
any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations.
The right to a loan in certain cases after exercise of right to buy
2
1
Subject to regulations 3 and 4, a tenant has a right to a loan in respect of service charges to which section 450A(2) of the Act (charges in respect of repairs for a certain period) applies where —
a
a lease of a flat has been granted in pursuance of Part V of the Act (the right to buy) (except in a case where the grant is in pursuance of the preserved right to buy within the meaning of that part);
b
the landlord is the housing authority who granted the lease or another housing authority; and
c
a demand for such charges is made on or after the date on which these Regulations come into force.
2
The right to a loan is —
a
where the landlord is a housing association, a right to an advance from the Corporation; and
b
in any other case, a right to leave the whole or part of the service charges outstanding.
The amount of a loan to which regulation 2 applies
3
1
Subject to the following paragraphs, the right to a loan under regulation 2 —
a
arises only in respect of so much of a service charge to which section 450A applies as
i
exceeds £1,500 less the amount of any service charge already demanded under the lease in respect of the same accounting period as that charge; and
ii
does not exceed £20,000 less the amount of any outstanding loan which has been made in pursuance of the right to a loan under regulation 2; and
b
does not arise unless the amount thus qualifying for a loan itself exceed £500.
2
In paragraph (1)(a), “accounting period” means —
a
where the lease provides for service charges to be payable by reference to a specified annual period, the first such period and any subsequent specified annual period, ending with the end of the tenth specified annual period beginning after the grant of the lease; or
b
in any other case, the period of twelve months beginning with the grant of the lease and any of the next nine consecutive periods of twelve months each of which begins on an anniversary of that grant.
3
If the retail prices index for January immediately preceding an index linked period is higher than it was for January 1992, then paragraph (1) shall apply in relation to any demand for service charges made during that index linked period as if for each amount there specified (“the specified amount”) there were substituted the amount arrived at by increasing the specified amount by the same percentage as the percentage increase in the retail prices index between January 1992 and the January immediately preceding that index linked period; and, if the amount arrived at is not a multiple of £10, it shall be rounded up to the nearest amount which is such a multiple.
4
In paragraph (3) above —
a
“index linked period” means a period of twelve months beginning on 1st April 1993 and each subsequent period of twelve months; and
b
“the retail prices index” means the United Kingdom General Index of Retail Prices (for all items) compiled by the Central Statistical Office.
Procedure for exercising the right to a loan
4
1
A demand for service charges in respect of repairs shall inform the tenant whether, in the landlord’s opinion, the tenant is entitled to a loan under regulation 2 and, if he is, what he must do to claim it.
2
Any claim by the tenant to the right to a loan under regulation 2 shall be made by notifying the lender in writing to that effect within the period of six weeks beginning on the date the demand for service charges in respect of repairs to which the claim relates was given.
3
On the right being claimed the lender shall inform the tenant of the terms of the loan and of the period within which the tenant may accept the offer.
4
The tenant may accept the offer by notifying the lender in writing to that effect within the period of four weeks beginning on the date on which the lender informed the tenant as mentioned in paragraph (3).
The power to make loans in other cases
5
1
Subject to the following provisions of these Regulations, a landlord or, where the landlord is a housing association, the Corporation may make a loan to a tenant in respect of service charges in respect of repairs where —
a
a housing authority is the landlord of a flat under a long lease granted or assigned by the authority or by another housing authority; and
b
the tenant is liable under the terms of the lease to pay those charges (whether the repairs are to the flat, the building in which it is situated or any other building or land).
2
The power to make a loan is —
a
where the landlord is a housing association, a power of the Corporation to make an advance; and
b
in any other case, a power of the landlord to leave the whole or part of the service charges outstanding.
Terms of loans
6
1
A loan made in pursuance of the right to a loan under regulation 2 shall, subject to paragraph (3), be on the terms prescribed in Schedule 1 to these Regulations.
2
A loan made by virtue of the power to make a loan under regulation 5 shall, subject to paragraph (3), be on such terms as the lender may determine.
3
A loan under these Rgulations shall, as regards the rate of interest payable on it and the administrative expenses of the lender in connection with it, be subject to the provisions of Schedule 2 to these Regulations.
Security for loans
7
A loan under these Regulations shall be secured by a mortgage of the flat in question but may be made whether or not the flat is adequate security for the loan.
Michael Howard
Secretary of State for the Environment
15th July 1992
David Hunt
Secretary of State for Wales
15th July 1992


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) Order 1992 and shall come into force on 24th February 1992.
Abolition of Authorities
2
The following District Health Authorities are hereby abolished —
a
Cheltenham and District Health Authority;
b
Gloucester Health Authority.
Establishment and name of new Authority
3
Gloucestershire Health Authority is established a District Health Authority for Gloucestershire District .
Amendment of National Health Service (District Health Authdorities) Order 1990
4
In consequence of articles 2 and 3 of this Order the National Health Service (District Health Authorities) Order 1990 shall be amended by the omission from Part 11 of Schedule 1 of the entries in columns (1) and (2) relating to Cheltenham District and Gloucester District and the insertion before the entries in that part relating to North Devon District of the entries in columns (1) and (2) respectively —
“Gloucestershire Health Authority”.
William Waldegrave
Secretary of State for Health
24th January 1992


text:
1
This Order may be cited as the Council Tax (Chargeable Dwellings) Order 1992 and shall come into force on 31st March 1992.
2
In this Order —
“ the Act ” means the Local Government Finance Act 1992;
“multiple property” means property which would, apart from this Order, be two or more dwellings within the meaning of section 3 of the Act;
“single property” means property which would, apart from this Order, be one dwelling within the meaning of section 3 of the Act;
“self contained unit” means —
a building or part of a building;
a caravan; or
a boat, which has been constructed or adapted for use as separate living accommodation.
3
Where a single property contains more than one self contained unit, for the purposes of Part I of the Act, the property shall be treated as comprising as many dwellings as there are such units included in it and each such unit shall be treated as a dwelling.
4
1
Where a multiple property —
a
consists of a single self contained unit, or such a unit together with or containing premises constructed or adapted for non-domestic purposes; and
b
is occupied as more than one unit of separate living accommodation, the listing officer, may, if he thinks fit, subject to paragraph (2) below, treat the property as one dwelling.
2
In exercising his discretion in paragraph (1) above, the listing officer shall have regard to all the circumstances of the case, including the extent, if any, to which the parts of the property separately occupied have been structurally altered.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Learning Disability National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Oxfordshire Learning Disability 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 Oxfordshire Learning Disability 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 Slade Hospital, Horspath Driftway, Headington, Oxford OX3 7JH and associated hospitals;
b
to manage community health services provided from Slade Hospital, Horspath Driftway, Headington, Oxford OX3 7JH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Oxfordshire Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Oxfordshire 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 Oxfordshire 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
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order, shall become a Trunk Road as from the date when this Order comes into force.
2
The centre line of the new Trunk Road is indicated by a heavy black line on the deposited plan.
3
The length of Trunk Road described in Schedule 2 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 Gwent that the new Trunk Road is open for through traffic.
4
In this Order —
All measurements of distance are measured along the route of the relevant highway —
i
“the deposited plan” means the plan numbered HA10/2 WO 88 marked the Newport — Shrewsbury Trunk Road (A4042) (Llantarnam By-Pass) Order 1992, signed by authority of the Secretary of State for Wales, and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the Newport — Shrewsbury Trunk Road (A4042);
iv
“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.
5
This Order shall come into force on 15th December 1992 and may be cited as The Newport — Shrewsbury Trunk Road (A4042) (Llantarnam By-Pass) Order 1992.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer, Welsh Office
Dated 25th November 1992


text:
1
This Order may be cited as the Value Added Tax (Flat-rate Scheme for Farmers) (Designated Activities) Order 1992, and shall come into force on 1st January 1993.
2
1
Subject to paragraph (2) below, the activities described in any part of the Schedule to this order are designated activities for the purposes of section 37B of the Value Added Tax Act 1983.
2
The activities described in Part VI of the Schedule are not designated activities for the purposes of section 37B of the Act, unless:
a
the person performing them also carries out designated activities falling within one or more of Parts I to V of the Schedule (other designated activities), and
b
in carrying out the activities described in Part VI–
i
he performs them himself, or they are performed by his employees (or both), and
ii
any equipment he uses in carrying them out, or hires to another, for agricultural purposes is equipment which he also uses for carrying out his other designated activities.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 1992


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Stray Dogs) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “ the Act ” means the Environmental Protection Act 1990, and “seized dog” means a dog seized pursuant to section 149 of that Act.
Prescribed amount to be paid by owner of seized dog
2
For the purposes of section 149(5) of the Act, the sum of £25 (twenty-five pounds) is hereby prescribed as the further amount (additional to all expenses) to be paid by a person claiming to be the owner of a seized dog before he is entitled to have the dog returned to him.
Register of seized dogs — prescribed particulars
3
For the purposes of section 149(8) of the Act, the following are the prescribed particulars to be contained in the register of seized dogs which is kept by the officer —
a
a brief description of each dog, including its breed (if known), and any distinctive physical characteristics or markings, tattoos or scars;
b
any information which is recorded on a tag or collar worn by, or which is otherwise carried by, the dog;
c
the date, time and place of the seizure;
d
where a notice has been served pursuant to section 149(4), the date of service of the notice, and the name and address of the person on whom it has been served;
e
where the officer disposes of the dog pursuant to section 149(6) —
i
the date of disposal;
ii
whether disposal was by destruction, gift or sale, and if by sale, the price obtained;
iii
the name and address of the purchaser, donee or person effecting the destruction; and
f
where the dog was returned to a person claiming to be its owner, the name and address of that person, and the date of return.
Procedure where finder desires to keep a stray dog
4
1
This regulation prescribes the procedure to be followed by the officer for the purposes of section 150(2)(a) before a finder desiring to keep a stray dog is allowed to remove it.
2
The officer shall make a clear and accurate record of the following matters in a permanent form suitable for reference purposes —
a
a brief description of the dog, including its breed (if known), and any distinctive physical characteristics or markings, tattoos or scars;
b
any information which is recorded on a tag or collar worn by, or which is otherwise carried by, the dog;
c
the date, time and place of the finding of the dog; and
d
the name and address of the finder.
3
Where the owner of the dog can be identified and can readily be contacted, the officer shall make reasonable attempts to contact him, and, if appropriate in the circumstances of the case, afford him forthwith a reasonable opportunity to collect the dog.
4
The officer shall make all such enquiries as he considers appropriate in the circumstances of the case to ascertain that the finder is a fit and proper person to keep the dog, and that he is able to feed and care for it.
5
The officer shall inform the finder both verbally and in writing that the finder is obliged under section 150(3) to keep the dog (if unclaimed by the owner) for not less than one month, and that failure to comply with that obligation is a criminal offence.
Michael Heseltine
Secretary of State for the Environment
17th February 1992
Ian Lang
Secretary of State for Scotland
19th February 1992
David Hunt
Secretary of State for Wales
17th February 1992


text:
Citation and commencement
1
These Regulations may be cited as the Highlands and Islands Rural Enterprise Pro gramme (Amendment) Regulations 1992 and shall come into force on 6th April 1992.
Amendment of the Highlands and Islands Rural Enterprise Programme Regulations 1991
2
The Highlands and Islands Rural Enterprise Programme Regulations 1991 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2(1) (interpretation) —
a
immediately after the definition of “agricultural unit” there shall be inserted the following definition: —
“animal” has the same meaning as in the Zoo Licensing Act 1981 ;
;
b
in the definition of “eligible person” at the end there shall be added the following words “or any member of the immediate family of the person, residing on or adjacent to the agricultural unit and acting with the person’s consent;”;
c
immediately after the definition of “financial assistance” there shall be inserted the following definition: —
“immediate family” means the husband, wife, son daughter, brother or sister of the eligible person;
;
d
the definition of “horticulture” shall be deleted.
4
In regulation 3 (selection of areas), after paragraph (2) there shall be added the following paragraph: —
3
On selecting an area in acordance with the foregoing provisions of this regulation, the Secretary of State shall publish in the Edinburgh Gazette a Notice of the area so selected.
.
5
In regulation 4(2) (approval of application), after sub-paragraph (f), there shall be added the following sub-paragraph: —
g
confirmation that public funding towards the cost of the project has not been sought otherwise than under these Regulations and that it is not intended to seek such funding.
.
6
For paragraph (2) of regulation 5 (restriction on approval of application) there shall be substituted the following paragraph: —
2
The Secretary of State shall not approve an application for financial assistance where public funding has been given towards the cost of the project otherwise than under these Regulations.
.
7
In regulation 11(1)(c) (reduction or withholding of financial assistance), the word “public” shall be inserted immediately before the word “funding”.
8
In regulation 12 (revocation of approval and recovery of financial assistance) —
a
the word “or” shall be inserted at the end of paragraphs (c) and (d)(ii);
b
immediately after the word“demand” there shall be inserted the following words: —
,except where approval has been revoked solely by virtue of paragraph (c) above,
;
c
at the end of the regulation there shall be added the following words: —
and shall allow that person a period of 21 days in which to make representations in writing to him.
.
9
In Schedule 1 (business development scheme — diversification measures), in column 2 (kind of work or facility) —
a
opposite item 1 (alternative agricultural production or aquaculture) of column 1 —
i
for paragraph 8, there shall be substituted the following paragraph: —
8
Provision of nursery stock for propagation and provision of livestock.
;
ii
after paragraph 8, there shall be added the following paragraph: —
9
Land preparation works required to assist establishment of a horticultural enterprise, including measures to improve soil fertility to assist establishment of an enterprise producing horticultural crops under glass or polythene structures.
;
b
opposite item 3 (tourism facilities) of column 1 —
i
in paragraph 2, the words “picnic areas,” shall be inserted immediately before the word “display”;
ii
after paragraph 7 there shall be added the following paragraphs: —
8
Provision of animals for use in interpretive centres, wildlife parks, child ren’s zoos and similar enterprises.
9
Provision or renovation of boats.
;
c
opposite item 4 (provision of facilities for sports and recreation) of column 1 —
i
in paragraph 2 the words “provision of picnic areas,” shall be inserted immedi ately before the word “office”;
ii
after paragraph 6 there shall be added the following paragraphs: —
7
Provision or renovation of boats.
8
Provision of horses and ponies for pony trekking and fish for managed waters.
;
d
opposite item 5 (provision of services) of column 1 after paragraph 3 there shall be added the following paragraph: —
4
Provision or renovation of boats for use other than commercial fishing.
.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
16th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food Amendment Regulations 1992 and shall come into force on 7th April 1992.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1988 .
Amendments to the principal Regulations
2
1
In regulation 2(1) of the principal Regulations —
a
the definition of “the 1948 Act” shall be deleted;
b
in the definition of “registered child-minder” for the words from “or a local social services authority” to the end there shall be substituted the words “pursuant to section 71(1)(a) of the Children Act 1989 ”;
c
the definition of “registered day nursery” shall be deleted;
d
after the definition of “registered child-minder” there shall be inserted the definition
“registered day care provider” means a person who is registered with a local authority pursuant tosection 71(1)(b) of the Children Act 1989;
;
e
after the definition of “clinic” there shall be inserted the definition
“day care” in relation to England and Wales has the meaning assigned to it by section 18(4) of the Children Act 1989 and in relation to Scotland has the meaning assigned to it by section 79(b) of the Children Act 1989;
.
2
For regulation 4(2)(b) of the principal Regulations there shall be substituted —
b
a registered day care provider;
.
3
For regulation 4(2)(c) of the principal Regulations there shall be substituted —
c
a local authority in England and Wales which provides or proposes to provide day care in the exercise of functions conferred upon it by section 18(1), (2), (5) or (6) of the Children Act 1989;
.
4
In regulation 4(2) of the principal Regulations there shall be inserted after sub-paragraph (c) —
d
a local authority in Scotland which provides or proposes to provide day care in the exercise of such of the functions conferred upon it by section 12 of the Social Work (Scotland) Act 1968 which are equivalent to those mentioned in sub-paragraph(c).
.
5
In regulation 4(3)(a) of the principal Regulations for the words “section 1 of the 1948 Act” there shall be substituted “paragraph 6 of Schedule 9 to the Children Act 1989”.
6
In regulation 4(3)(b) of the principal Regulations —
a
after the words “(2)(c)” there shall be inserted the words “or (2)(d)”;
b
the words “or local social services authority” shall be deleted;
c
for the words “at a registered day nursery” there shall be subsituted “by a registered day care provider.”.
Amendment of regulation 5 of the principal Regulations
3
In regulation 5(1) of the principal Regulations (purchase of welfare food) for “£3.10” there shall be substituted “ £3.30”.
Amendment of Schedule 1 to the principal Regulations
4
In Schedule 1 to the principal Regulations (dried milk specified for the purposes of the Regulations) for the entry “John Wyeth and Brother Limited” in each place where it appears in column (2) there shall be substituted the words “SMA Nutrition”.
Amendment of Schedule 5A to the principal Regulations
5
In paragraph 1(2) of Schedule 5A to the principal Regulations for the words “the information contained therein shall be certified as correct by a duly qualified accountant” there shall be substituted the words: —
a duly qualified accountant shall certify that the information contained in that form accords with the financial records kept by the supplier in connection with the business carried on by him
.
Transitional provision
6
The amendment made by regulation 5 of these Regulations shall not apply in relation to a certificate given before the date of coming into force of these Regulations.
Revocation
7
Regulation 3(1) of the Welfare Food Amendment Regulations 1991 is hereby revoked.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
10th March 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulation 1992.
2
This regulation and the Schedule to these Regulations in so far as it relates to paragraphs 1 and 9 of Schedule 9A to the Claims and Payments Regulations shall come into force on 29th April 1992.
3
The provisions of these Regulations other than those referred to in paragraph (2) above shall, to the extent that they relate to claims for any relevant benefits —
a
made on or after 25th May 1992; or
b
made before 25th May 1992 but determined after that date,
come into force on 25th May 1992.
4
The provisions of these Regulations other than those referred to in paragraph (2) above shall, in relation to a particular beneficiary, come into force on the date the first determination is made by an adjudication officer in respect of that beneficiary’s award of any relevant benefit on or after 25th May 1992.
Interpretation
2
In these Regulations —
“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Community Charges Regulations ” means the Community Charges (Deductions from Income Support) (No.2) Regulations 1990 ;
“the Community Charges (Scotland) Regulations ” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 ;
“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 ;
“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 ;
Insertion of regulations 34A into the Claims and Payments Regulations
3
After regulation 34 of the Claims and Payments Regulations there shall be inserted the following regulation —
Deductions of mortgage interest which shall be made from benefit and paid to qualifying lenders
34A
1
In relation to cases to which section 51C(1) of the Social Security Act 1986 (payment out of benefit of sums in respect of mortgage interest etc. ) applies and in the circumstances specified in Schedule 9A, such part of any relevant benefits to which a relevant beneficiary is entitled as may be specified in that Schedule shall be paid by the Secretary of State directly to the qualifying lender and shall be applied by that lender towards the discharge of the liability in respect of that mortgage interest .
2
The provisions of Schedule 9A shall have effect in relation to mortgage interest payments.
.
Amendment of regulation 35 of the Claims and Payments Regulations
4
In regulation 35(1) of the Claims and Payments Regulations for the words preceding the words “may be made from benefit and”, there shall be substituted the words —
Deductions which may be made from benefit and paid to third parties
35
1
Except as provided for in regulation 34A and Schedule 9A, deductions
.
Amendment of Schedule 9 to the Claims and Payments Regulations
5
1
Schedule 9 to the Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 3 —
a
in sub-paragraph (1), for the words “sub-paragraph (4)” there shall be substituted the words “sub-paragraphs (4) to (6)”;
b
in sub-paragraph (2), for the words “Subject to sub-paragraph (3)”, there shall be substituted the words “Subject to sub-paragraphs (2A) and (3)”;
c
after sub-paragraph (2), there shall be inserted the following sub-paragraph —
2A
Where a payment falls to be made to a third party in accordance with this Schedule, and —
a
more than one item of housing costs falls to be taken into account in determining the beneficiary’s applicable amount; and
b
in accordance with paragraph 10 or paragraph 11 of Schedule 3 to the Income Support Regulations an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,
then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula —
C × B A
where —
A
housing costs;
B
the item of housing costs which falls to be paid to a third party under this Schedule;
C
the sum which is not allowed or falls to be deducted in accordance with paragraph 10 or, as the case may be, paragraph 11 of Schedule 3 to the Income Support Regulations.
; and
d
after sub-paragraph (4) there shall be added the following sub-paragraphs —
5
No amount shall be paid pursuant to this paragraph in respect of mortgage interest in any case where a specified part of relevant benefits —
a
is required to be paid directly to a qualifying lender under regulation 34A and Schedule 9A; or
b
would have been required to be paid to a body which, or a person who, would otherwise have been a qualifying lender but for an election given under paragraph 9 of Schedule 9A not to be regarded as such.
6
In sub-paragraph (5), “specified part” and “relevant benefits” have the meanings given to them in paragraph 1 of Schedule 9A.
.
3
In paragraph 8 —
a
in sub-paragraph (1), after the words “and 7(5)(a)” there shall be inserted the words “and sub-paragraph 3(5) of Schedule 9A”; and
b
after sub-paragraph (2) there shall be added the following sub-paragraph —
3
Where the aggregate of the amounts payable under the provisions mentioned in sub-paragraph (2) does not exceed the sum there mentioned “the specified sum”) but does exceed that sum where the aggregate includes in addition any amount required to be paid in accordance with paragraph 3(5) of Schedule 9A, then in relation to the amounts payable under the provisions mentioned in sub-paragraph (2) the consent of the beneficiary is required to the payment of so much of the specified sum as represents the amount by which that sum is so exceeded.
.
4
In paragraph 9 —
a
after the words “applicable to the beneficiary” there shall be inserted the words “or one or more of those paragraphs are applicable to the beneficiary and Schedule 9A also applies”; and
b
after the words “priorities shall apply — ” there shall be inserted the following head —
za
any liability mentioned in Schedule 9A;
.
Insertion of Schedule 9A into the Claims and Payments Regulations
6
After Schedule 9 to the Claims and Payments Regulations there shall be inserted the Schedule set out in the Schedule to these Regulations.
Amendment of the Community Charges Regulations and the Community Charges (Scotland) Regulations
7
In regulation 2(4)(b) of both the Community Charges Regulations and the Community Charges (Scotland) Regulations, after the words “priorities shall apply — ” there shall be inserted the following head —
zi
any liability mentioned in regulation 34A of the Social Security (Claims and Payments) Regulations 1987 (mortgage interest);
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
24th April 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Roehampton House, Roehampton Lane, London SW15 5PN and associated hospitals;
b
to manage community health services provided from Roehampton House, Roehampton Lane, London SW15 5PN and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Richmond, Twickenham and Roehampton 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 Richmond, Twickenham and Roehampton 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 Richmond, Twickenham and Roehampton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Yorkshire Ambulance Service National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Yorkshire Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North Yorkshire Ambulance Service 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 manage ambulance and associated transport services;
b
to manage such other services relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Fairfields, Shipton Road, York YO3 6XW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non — executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The York 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 York 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 York 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.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 1992 and shall come into force on 9th December 1992.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
5
The designation which provides that the Secretary of State shall be designated in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste shall, to the extent that it relates to pollution caused by waste from the titanium dioxide industry, supersede the designation made in relation to those matters by the European Communities (Designation) (No. 2) Order 1990 .
N. H. Nicholls
Clerk of the Privy Council