text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 1992 and shall come into force on 6th April 1992.
2
In paragraph 10 of the licensing scheme set out in the Schedule to the Principal Order, there shall be substituted for all the words which appear immediately before the words “NOTE 1” the following:
The annual tariff for Licences in respect of the categories listed in (i) to (v) below shall be calculated on a full time and full time equivalents per capita basis by type of Educational Establishment as follows:
in respect of Licences granted prior to 16th April 1992 as set out in column A below;
in respect of Licencers granted on or after the 6th April 1992 as set out in column B below;
A per student B per student
(i) Primary/Preparatory Educational Establishments (including Preparatory Schools) 15p 17p (ii) Secondary Educational Establishments (including Sixth Form Colleges) 30p 35p (iii) Educational Establishments of Further Education 50p 58p (iv) Educational Establishments of Higher Education (including Higher Education Colleges, Polytechnics and Universities) £1.00 £1.15 (v) other Educational Establishments designated from time to time by the Secretary of State a fee related to the above by type a fee related to the above by type
Reay
Parliamentary Under Secretary of State for Industry and Technology,
Department of trade and industry
8th February 1992


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations, unless the context otherwise requires —
“absent parent” includes a person treated as an absent parent by virtue of regulation 20 of the Maintenance Assessments and Special Cases Regulations ;
“ the Act ” means the Child Support Act 1991;
“arrears” means arrears of child support maintenance;
“arrears of child support maintenance” is to be construed in accordance with section 41(1) and (2) of the Act;
“arrears notice” has the meaning prescribed in regulation 2;
“due date” has the meaning prescribed in regulation 3;
“Maintenance Assessments and Special Cases Regulations” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“ Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care;
“relevant person” has the same meaning as in the Maintenance Assessment Procedure Regulations.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
ARREARS OF CHILD SUPPORT MAINTENANCE AND INTEREST ON ARREARS
Applicability of provisions as to arrears and interest and arrears notices
2
1
The provisions of paragraphs (2) to (4) and regulations 3 to 9 shall apply where —
a
a case falls within section 41(1) of the Act; and
b
the Secretary of State is arranging for the collection of child support maintenance under section 29 of the Act.
2
Where the Secretary of State is considering taking action with regard to a case falling within paragraph (1), he shall serve a notice (an “arrears notice”) on the absent parent.
3
An arrears notice shall —
a
itemize the payments of child support maintenance due and not paid;
b
set out in general terms the provisions as to arrears and interest contained in this regulation and regulations 3 to 9; and
c
request the absent parent to make payment of all outstanding arrears.
4
Where an arrears notice has been served under paragraph (2), no duty to serve a further notice under that paragraph shall arise in relation to further arrears unless those further arrears have arisen after an intervening continuous period of not less than 12 weeks during the course of which all payments of child support maintenance due from the absent parent have been paid on time in accordance with regulations made under section 29 of the Act.
Liability to make payments of interest with respect to arrears
3
1
Subject to paragraph (2) and regulations 4 and 5, interest shall be payable with respect to any amount of child support maintenance due in accordance with a maintenance assessment and not paid by the date specified by the Secretary of State in accordance with regulations made under section 29 of the Act (the “due date”), and shall be payable in respect of the period commencing on that day and terminating on the date that amount is paid.
2
Subject to paragraph (3), interest with respect to arrears shall only be payable if the Secretary of State has served an arrears notice in relation to those arrears, and shall not be payable in respect of any period terminating on a date earlier than 14 days prior to the date the arrears notice is served on the absent parent.
3
Where the Secretary of State has served an arrears notice, the provisions of paragraph (2) shall not apply in relation to further arrears unless the conditions mentioned in regulation 2(4) are satisfied.
4
Subject to paragraph (6), where, following a review under section 18 or 19 of the Act or an appeal under section 20 of the Act, a fresh maintenance assessment is made with retrospective effect, interest in respect of the relevant retrospective period shall be payable with respect to the arrears calculated by reference to that fresh assessment.
5
The provisions of paragraph (4) shall apply to a fresh assessment following a review under section 18 or 19 of the Act or an appeal under section 20 of the Act prior to any adjustment of that assessment under the provisions of regulation 10.
6
For the purposes of paragraph (4), where the review under section 18 or 19 of the Act or an appeal under section 20 of the Act results in an increased assessment, and arrears in relation to that assessment arise, no interest shall be payable with respect to the arrears relating to the additional maintenance payable under that assessment in respect of any period prior to the date the absent parent is notified of the increased assessment.
Circumstances in which no liability to pay interest arises
4
1
An absent parent shall not be liable to make payments of interest with respect to arrears in respect of any period if the conditions set out in paragraph (2) are satisfied in relation to that period.
2
The conditions referred to in paragraph (1) are —
a
the absent parent did not know, and could not reasonably have been expected to know, of the existence of the arrears; or
b
the arrears have arisen solely in consequence of an operational or administra tive error on the part of the Secretary of State or a child support officer.
Payment of arrears by agreement
5
1
The Secretary of State may at any time enter into an agreement in writing with an absent parent (an “arrears agreement”) for the absent parent to pay all outstanding arrears.
2
An arrears agreement shall specify the dates on which the payments of arrears shall be made and the amount to be paid on each such date.
3
If an arrears agreement is entered into within 28 days of the due date, and the terms of that agreement are adhered to by the absent parent, there shall be no liability to make payments of interest under the provisions of regulation 3 with respect to the arrears in relation to which the arrears agreement was entered into.
4
If an arrears agreement is entered into later than 28 days after the due date and the terms of that agreement are adhered to by the absent parent, there shall, with respect to the arrears in relation to which that agreement was entered into, be no liability to make payments of interest in respect of any period commencing on the date that agreement was entered into.
5
The Secretary of State may at any time enter into a further arrears agreement with the absent parent in relation to all arrears then outstanding.
6
Where the terms of any arrears agreement are not adhered to by an absent parent, interest shall be payable with respect to arrears in accordance with the provisions of regulation 3.
7
It shall be an implied term of any arrears agreement that any payment of child support maintenance that becomes due whilst that agreement is in force shall be made by the due date.
Rate of interest and calculation of interest
6
1
The rate of interest payable where liability to pay interest under regulation 3 arises shall be one per centum per annum above the median base rate prevailing from time to time calculated on a daily basis.
2
Interest shall be payable only with respect to arrears of child support maintenance and shall not be payable with respect to any interest that has already become due.
3
For the purposes of paragraph (1) —
a
the median base rate, in relation to a year or part of a year, is the base rate quoted by the reference banks; or, if different base rates are quoted, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;
b
the reference banks are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 , and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling; and
the size of an institution is to be determined by reference to its total consolidated gross assets in sterling, as shown in its audited end-year accounts last published.
4
In paragraph (3)(c), the reference to the consolidated gross assets of an institution is a reference to the consolidated gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985)
Receipt and retention of interest paid
7
1
Payments of interest with respect to arrears shall be made in accordance with regulations under section 29 of the Act as though they were payments of child support maintenance payable in accordance with a maintenance assessment, and shall be made within 14 days of being demanded by the Secretary of State.
2
Subject to paragraph (3), where the Secretary of State has been authorised to recover child support maintenance under section 6 of the Act and income support is paid to or in respect of the parent with care, interest with respect to arrears relating to the period during which income support is paid shall be payable to the Secretary of State and may be retained by him.
3
Where a case falls within paragraph (2), but the Secretary of State considers that, if the absent parent had made payments of child support maintenance due from him in accordance with that assessment, the parent with care would not have been entitled to income support, any interest shall be payable to the parent with care.
4
Where the child support maintenance payable under a maintenance assessment is payable to more than one person, any interest in respect of arrears under that assessment shall be apportioned in the same ratio as the child support maintenance that is payable, and the provisions of paragraphs (1) to (3) shall apply to each amount of interest so apportioned.
Retention of recovered arrears of child support maintenance by the Secretary of State
8
Where the Secretary of State recovers arrears from an absent parent and income support is paid to or in respect of the person with care, the Secretary of State may retain such amount of those arrears as is equal to the difference between the amount of income support that was paid to or in respect of the person with care and the amount of income support that he is satisfied would have been paid had the absent parent paid the child support maintenance due in accordance with the maintenance assessment in force by the due dates.
PART III
ATTRIBUTION OF PAYMENTS AND ADJUSTMENT OF THE AMOUNT PAYABLE UNDER A MAINTENANCE ASSESSMENT
Attribution of payments
9
Where a maintenance assessment is or has been in force and there are arrears of child support maintenance, the Secretary of State may attribute any payment of child support maintenance made by an absent parent to child support maintenance due as he thinks fit.
Adjustment of the amount payable under a maintenance assessment
10
1
Where a new or a fresh maintenance assessment has retrospective effect, the amount payable under that assessment may be adjusted by a child support officer for the purpose of taking account of the retrospective effect of the assessment by such amount as, subject to the provisions of paragraph (4), he considers appropriate in the circumstances of the case.
2
Subject to paragraph (3), where the payments of child support maintenance have been over-payments or under-payments, the amount payable under a maintenance assessment may be adjusted by a child support officer for the purpose of taking account of such over-payments or under-payments by such amount as, subject to the provisions of paragraph (5), he considers appropriate in the circumstances of the case.
3
The provisions of paragraph (2) shall not apply to any case falling within section 41 of the Act.
4
Where a case falls within paragraph (1), the child support officer shall —
a
in the case of a new assessment, not increase the amount payable under that assessment by an amount greater than 1.5 multiplied by that assessment;
b
in the case of a fresh assessment, not adjust the amount payable under that assessment by an amount greater than 1.5 multiplied by the difference between the amount payable under the earlier assessment and the amount payable under the fresh assessment.
5
Where a case falls within paragraph (2), the child support officer shall not adjust the amount payable under a maintenance assessment by an amount greater than 1.5 multiplied by the mean over-payment or the mean under-payment, as the case may be.
6
For the purposes of paragraph (5), the mean over-payment or the mean underpayment shall be the total net over-payment or the total net under-payment divided by the number of occasions on which, in respect of the period being taken into acount for the purposes of paragraph (2), there have been over-payments or, as the case may be, under-payments of child support maintenance.
PART IV
MISCELLANEOUS
Notifications following an adjustment under the provisions of regulation 10
11
1
Where a child support officer has, under the provisions of regulation 10, adjusted the amount payable under a maintenance assessment, he shall immediately notify the relevant persons, so far as that is reasonably practicable, of the amount and period of the adjustment, and the amount payable during the period of the adjustment.
2
A notification under paragraph (1) shall include information as to the provisions of regulation 12(1) and regulation 13(1) in so far as it relates to time limits for an application for a review under regulation 12(1).
Review of adjustments under regulation 10 or of the calculation of arrears or interest
12
1
Where the amount payable under a maintenance assessment has been adjusted under the provisions of regulation 10, a relevant person may apply to the Secretary of State for a review of that adjustment as if it were a case falling within section 18 of the Act and, subject to the modifications set out in paragraph (2), section 18(5) to (9) and (11) of the Act shall apply to such a review.
2
The modifications referred to in paragraph (1) are —
a
section 18(6) of the Act shall have effect as if for “the refusal, assessment or cancellation in question” there is substituted “the adjustment of the amount payable under regulation 10 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992”;
b
section 18(9) of the Act shall have effect as if for “a maintenance assessment or (as the case may be) a fresh maintenance assessment” there is substituted “a revised adjustment of the amount payable under regulation 10 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992”.
3
Where there has been a calculation of arrears due under a maintenance assessment or a calculation of the interest payable with respect to arrears, a relevant person may apply to the Secretary of State for a review of that calculation as if it were a case falling within section 18 of the Act and, subject to the modifications set out in paragraph (4), section 18(5) to (9) and (11) of the Act shall apply to such a review.
4
The modifications referred to in paragraph (3) are —
a
section 18(6) of the Act shall have effect as if —
i
for “the refusal, assessment or cancellation in question” there is substituted “the calculation of arrears due under a maintenance assessment or the calculation of the interest payable with respect to arrears”;
ii
after “law” in paragraph (c)
there is inserted —
or
d
involved an arithmetical error
;
b
section 18(9) of the Act shall have effect as if for “a maintenance assessment or (as the case may be) a fresh maintenance assessment” there is substituted “a fresh calculation of the arrears due under a maintenance assessment or a fresh calculation of the interest payable with respect to arrears”.
5
Where the amount payable under a maintenance assessment has been adjusted under the provisions of regulation 10 a child support officer may revise that adjustment if he is satisfied that one or more of the circumstances set out in paragraphs (a) to (c) of section 19(1) of the Act apply to that adjustment.
6
Where there has been a calculation of the arrears due under a maintenance assessment or a calculation of interest payable with a respect to arrears, a child support officer may re-calculate the arrears or the interest if he is satisfied that one or more of the circumstances set out in paragraphs (a) to (c) of section 19(1) of the Act apply or that there has been an arithmetical error in the calculation.
Procedure and notifications on applications and reviews under regulation 12
13
1
The provisions of regulations 24 to 26 of the Maintenance Assessment Procedure Regulations shall apply to an application for a review under regulation 12(1) or (3).
2
Where a child support officer refuses an application for a review under regulation 12(1) or (3) on the grounds set out in section 18(6) of the Act (as applied by regulation 12), he shall immediately notify the applicant, so far as that is reasonably practicable, and shall give the reasons for his refusal in writing.
3
Where a child support officer adjusts the amount payable under a maintenance assessment following a review under regulation 12(1) or (5), he shall immediately notify the relevant persons, so far as that is reasonably practicable, of the amount and period of the adjustment, and the amount payable during the period of adjustment.
4
Where a child support officer refuses to adjust the amount payable under a maintenance assessment following a review under regulation 12(1) he shall immediately notify the relevant persons, so far as that is reasonably practicable, of the refusal, and shall give the reasons for his refusal in writing.
5
Where a child support officer has conducted a review under regulation 12(3), or has revised the calculation of the arrears due or the interest payable with respect to arrears following a review under regulation 12(6), he shall immediately notify the relevant persons, so far as that is reasonably practicable, of his decision.
6
A notification under paragraphs (2) to (5) shall include information as to the provisions of section 20 of the Act.
Non-disclosure of information to third parties
14
The provisions of regulation 10(3) of the Maintenance Assessment Procedure Regulations shall apply to any document given or sent under the provisions of regulation 11 or 13.
Applicability of regulations 1(6) and 53 to 56 of the Maintenance Assessment Procedure Regulations
15
Regulations 1(6) and 53 to 56 of the Maintenance Assessment Procedure Regulations shall apply to the provisions of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
20th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gofal Cymuned Clwydian Community Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 16th 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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Gofal Cymuned Clwydian Community Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Gofal Cymuned Clwydian Community Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Catherine Gladstone Hospital, Mancot, Clwyd CH5 2EP and associated hospitals;
b
to manage community health services provided from Catherine Gladstone Hospital, Mancot, Clwyd CH5 2EP 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
Clwyd 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
Clwyd 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 the 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 Clwyd 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.
David Hunt
Secretary of State for Wales
29th October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Severe Disablement Allowance) Amendment Regulations 1992 and shall come into force on 6th April 1992.
2
In these Regulations “the 1984 Regulations ” means the Social Security (Severe Disablement Allowance) Regulations 1984 .
Amendment of regulation 3 of the 1984 Regulations
2
For paragraph (1) of regulation 3 of the 1984 Regulations (conditions relating to residence and presence) there shall be substituted the following paragraphs —
1
Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 36(4)(c) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that —
a
on that day —
i
he is ordinarily resident in Great Britain, and
ii
he is present in Great Britain, and
iii
he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; and
b
where that day falls within a period in which that person–
i
receives tax free emoluments, or
ii
is the spouse of a person who receives tax free emoluments,
that period is immediately preceded by a period of 4 years during which the person first mentioned in this sub-paragraph was present in Great Britain for not less than 156 weeks in aggregate.
1A
In paragraph (1)(b), the expression “tax free emoluments” means emoluments which are exempt from tax under any of the provisions listed in paragraph (1) of regulation 9 of the Child Benefit (General) Regulations 1976 .
Saving
3
Notwithstanding the substitution in regulation 2 of these Regulations (conditions relating to residence and presence), in respect of a person who —
a
was entitled to severe disablement allowance on any day on or between30th March and 5th April 1992; and
b
does not satisfy the provisions substituted in regulation 2 of these Regulations,
the provisions of regulation 3(1) of the 1984 Regulations shall continue to have effect as though these Regulations had not come into force.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
11th March 1992


text:
1
This Order may be cited as the New Town (Glenrothes) Winding Up Order 1992 and shall come into force on 1st March 1992.
2
In this Order, “development corporation” means the Glenrothes Development Corp oration established by the New Town (Glenrothes) Development Corporation Order 1948 .
3
The development corporation shall be wound up and the winding up shall —
a
commence on 1st March 1992; and
b
be completed by 31st December 1995.
4
The development corporation shall make an interim report to the Secretary of State on the progress of the winding up for the period from 1st March 1992 to 31st March 1993 and thereafter for the annual period to 31st March in each subsequent year, and shall submit any such report to the Secretary of State by 30th June in each year.
5
The development corporation shall comply with any directions made by the Secretary of State under section 36C of the New Towns (Scotland) Act 1968 .
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
24th February 1992


text:
1
This Order may be cited as the Value Added Tax (Reverse Charge) Order 1992 and shall come into force on 1st January 1993.
2
Schedule 3 to the Value Added Tax 1983 shall be varied by adding after paragraph 7 the following —
8
Services —
a
of the transportation of goods which begins in one member State and ends in a different member State;
b
of loading, unloading, handling and similar activities carried out in connection with services of the description specified in sub-paragraph (a) above;
c
consisting of the making of arrangements for, or of any other activity intended to facilitate, the making by or to another person of —
i
a supply of a description specified in sub-paragraph (a) or (b) above; or
ii
any supply not falling within (i) above, except a supply of any services of a description specified in paragraphs 1 to 7 of this Schedule ,
which are treated as supplied in the United Kingdom by virtue of the recipient’s having made use of his registration number for the purpose of the supply; and section 7(1) of this Act shall have effect in relation to the services described in sub-paragraphs (a) to (c) above as if the recipient belongs in the United Kingdom if, and only if, he is a taxable person.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) Regulations 1992 and shall come into force on 31st December 1992.
2
The rules contained in these Regulations are to apply to the calculation of an English billing authority’s non-domestic rating contribution for any financial year beginning on or after 1st April 1993.
Interpretation
2
1
In these Regulations —
“the 1989 Regulations ” means the Non-Domestic Rating Contributions (England) Regulations 1989 ;
“ the Act ” means the Local Government Finance Act 1988;
“ authority ” means an English billing authority;
“preceding year” means a financial year preceding the financial year for which a calculation of a non-domestic rating contribution or a recalculation of a provisional amount is being made;
“provisional amount” means, except in regulation 6(1)(a), the provisional amount arrived at under paragraph 5 of Schedule 8 to the Act as regards an authority for a financial year, or the amount for the time being treated as that amount in accordance with regulation 7 of these Regulations;
“relevant day” means a day in the financial year for which a calculation of a nondomestic rating contribution or a recalculation of a provisional amount is being made.
2
For the purposes of Schedules 1 and 2 to these Regulations, in relation to a special authority, —
a
a reference to the chargeable amounts payable to an authority under sections 43 and 45 of the Act shall in relation to any financial year beginning on or after 1st April 1993 be taken to be a reference to the chargeable amounts which would be payable to the authority under those sections on the basis of the authority’s nondomestic rating multiplier set for that year;
b
subject to paragraph (c), a reference to the chargeable amounts payable to an authority under sections 43 and 45 of the Act shall in relation to any financial year beginning before 1st April 1993 be taken to be a reference to the chargeable amounts which would have been payable to the authority under those sections if the authority’s non-domestic rating multiplier had been equal to the required minimum for the financial year in respect of which the chargeable amounts were payable; and
c
the calculation of the amount of any deductions described in paragraphs 3, 4, 5, 5A and 7 of Schedule 1 to the 1989 Regulations (including, for the purposes of paragraphs 3, 4 and 5, the calculation of the amount calculated under or by reference to paragraph 2 of that Schedule) shall be made on the basis of the chargeable amounts payable to the authority under sections 43 and 45 of the Act by virtue of the authority’s non-domestic rating multiplier set for that year.
Calculation of non-domestic rating contributions
3
The rules for the calculation under paragraph 5 of Schedule 8 to the Act of an authority’s non-domestic rating contribution for a financial year are the rules contained in Schedule 1 to these Regulations.
Assumptions relating to provisional amounts
4
A calculation under paragraph 5(2) or (3) of Schedule 8 to the Act of an authority’s non-domestic rating contribution shall be made on the basis of the information before the person making the calculation at the time he makes it, read subject to the assumptions prescribed in Schedule 2 to these Regulations.
Information which may be disregarded in the calculation of notified amounts
5
A calculation under paragraph 5(6) of Schedule 8 to the Act of an authority’s nondomestic rating contribution for a financial year may be made without taking into account any information as regards which the following conditions are satisfied —
a
it is not reasonably practicable for the person making the calculation to take it into account; and
b
it was received by the authority after 31st January in that year.
Recalculation of provisional amounts
6
1
Regulation 7 applies as regards an authority for a financial year (“the year”) in which —
a
a provisional amount has been arrived at, under paragraph 5 of Schedule 8 to the Act, as regards the authority for the year; and
b
the prescribed conditions are fulfilled.
2
The prescribed conditions are —
a
that the authority has on a day in the year calculated an amount, under paragraph (3) below, which is less than the provisional amount for the authority for the year;
b
that the difference between the amount calculated under paragraph (3) below and the provisional amount for the authority is greater than the amount calculated under paragraph (4) below;
c
that the authority has notified the Secretary of State of the amount calculated under paragraph (3) below, and the day on which that amount was calculated; and
d
that the Secretary of State believes that the amount calculated by the authority under paragraph (3) below is likely to have been calculated in accordance with that paragraph and informs the authority of his belief.
3
The amount calculated under this paragraph is the total of the amounts calculated on the relevant day in accordance with Parts I and II of Schedule 3 to these Regulations.
4
The amount calculated under this paragraph is an amount equal to —
a
if the amount calculated in accordance with paragraph (3) above is calculated before 1st October in the year, £25,000 or 1 per cent. of the authority’s budget requirement for the year, whichever is the greater; and
b
if the amount calculated in accordance with paragraph (3) above is calculated on or after 1st October in the year, £50,000 or 2 per cent. of the authority’s budget requirement for the year, whichever is the greater.
5
In paragraph (4) above, “budget requirement” means the amount calculated (or last calculated) by the authority under section 32(4) of the Local Government Finance Act 1992.
7
1
Where this regulation applies, for the purposes of paragraph 5 of Schedule 8 to the Act the provisional amount for the authority for a financial year is to be treated on or after the adjustment day as being that amount recalculated as regards the authority for the year under paragraph (2) below.
2
The amount recalculated under this paragraph is the total of the amounts calculated in accordance with Parts I and II of Schedule 3 to these Regulations, taking as the day on which the calculations in accordance with that Schedule are made the day on which the calculation was made under regulation 6(3) by virtue of which this regulation applies.
3
For the purposes of this regulation and regulations 8 and 9, “the adjustment day” shall be the day on which the Secretary of State informed the authority under regulation 6(2)(d) of his belief relating to the calculation by virtue of which this regulation applies.
Repayments as a result of a recalculation
8
1
Where regulation 7 applies as regards an authority for a financial year, the Secretary of State shall repay to the authority the amount calculated in accordance with paragraph (2) below.
2
The amount is the difference between —
a
the total of the amounts paid by the authority to the Secretary of State under paragraph 5(5) of Schedule 8 to the Act on relevant days preceding the adjustment day; and
b
the amount calculated in accordance with the formula —
A × B C
where —
A is the amount recalculated (or last recalculated) as regards the authority under regulation 7(2);
B is the total of the amounts directed by the Secretary of State to be paid by the authority on relevant days preceding the adjustment day; and
C is the provisional amount having effect as regards the authority immediately before the adjustment day.
3
The amount calculated in accordance with paragraph (2) above shall be paid by the Secretary of State at such time as he decides.
Reduced payments as a result of a recalculation
9
Where regulation 7 applies as regards an authority for a financial year, the amount of an instalment directed by the Secretary of State, under paragraph 5(5) of Schedule 8 to the Act, to be paid by the authority on or after the adjustment day shall be treated as being the amount calculated in accordance with the formula —
D × E F
where —
D is the amount the Secretary of State directed to be paid by the authority in the instalment;
E is the amount recalculated (or last recalculated) as regards the authority under regulation 7(2); and
F is the provisional amount having effect as regards the authority immediately before the adjustment day.
Repayments by reference to the certified amount
10
1
This regulation applies where, at the time the Secretary of State makes the calculation required by sub-paragraph (12) of paragraph 5 of Schedule 8 to the Act, a payment has been made under sub-paragraph (9) or (10) of that paragraph in relation to the amount notified under sub-paragraph (6)(b) of that paragraph (“the notified amount”) .
2
Where this regulation applies —
a
if the certified amount exceeds the notified amount, the authority shall pay an amount equal to the difference to the Secretary of State within 14 days of the date on which the authority is notified by the Secretary of State of that amount; and
b
if the certified amount is less than the notified amount, the Secretary of State shall pay an amount equal to the difference to the authority.
3
In this regulation “certified amount” has the same meaning as in sub-paragraph (11) of paragraph 5 of Schedule 8 to the Act.
Revocation
11
1
Subject to paragraph (2) below, the 1989 Regulations, the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1990 , the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1991 , the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1992 and the NonDomestic Rating Contributions (England) (Amendment) ( No. 2) Regulations 1992 are hereby revoked.
2
The Regulations referred to in paragraph (1) above shall continue to have effect in relation to the calculation of an authority’s non-domestic rating contribution for a financial year beginning before 1st April 1993.
Michael Howard
Secretary of State for the Environment
9th December 1992


text:
Citation and commencement
1
This Order may be cited as the Education (London Residuary Body)(Property Transfer) Order 1992 and shall come into force on 1st April1992.
Interpretation
2
1
In this Order —
“Bromley” means the council of the London Borough of Bromley;
“the Common Council” means the Common Council of the City of London in their capacity asa local authority;
“expenditure” in relation to Bromley or Kensington and Chelsea includesadministration expenses properly incurred by them;
“Globe House” means Globe House, 4 Temple Place, London WC2R 3HP;
“greater London council” means a council of a London borough;
“inner London council” means a council of an inner London borough;
“Kensington and Chelsea” means the council of the Royal Borough of Kensington and Chelsea;
“the LRB ” means the London Residuary Body;
“Manresa House” means Manresa House, Roehampton;
“the Riverside Walk and Open Space in Upper Ground” means all lands shown within the black verge indicated by theletter “C” on Plan No. 3080/698 titled “Plan referred to in the Education (London Residuary Body) (PropertyTransfer) Order 1992”;
“the South Bank property” means all lands shown within the black verge indicated by theletter “A” on the said Plan No. 3080/698; and
“the transfer date” means 1st April 1992.
2
For the purposes of any provision of this Order which requires thepayment or recovery of sums by Kensington and Chelsea in the appropriateproportions —
a
the appropriate proportion in relation to any council is theproportion equal to the proportion which that council’s schoolpopulation bears to the total school population of the inner Londoncouncils and the Common Council; and
b
school population in relation to an inner London council or theCommon Council means the population of children of compulsory school ageshown in the most recent returns to the Department of Education andScience available when the payment in question falls due or, in the caseof a sum to be recovered, when that sum first becomes recoverable.
3
For the purpose of any provision of this Order which requires thepayment or recovery by Bromley of sums in the appropriateproportions —
a
the appropriate proportion in relation to any council is theproportion equal to the proportion which the population of the area ofthat council bears to the population of Greater London; and
b
the population of an area means its relevant population ascalculated in accordance with section 69 of the Local Government FinanceAct 1988 .
4
Unless the context otherwise requires any reference in this Orderto —
a
a numbered article or Schedule is a reference to the article of orSchedule to this Order so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered inthe article or Schedule in which the reference appears.
Transfer of land
3
1
Subject to paragraphs (2), (3), (5) and (7) and article 4, on thetransfer date —
a
all interests of the LRB in the land specified in Schedule 1 shallvest in Kensington and Chelsea;
b
all interests of the LRB in the land specified in Schedule 2 shallvest in Bromley;
c
all interests of the LRB in the land specified in column (1) ofSchedule 3 shall vest in the council specified in column (2) of thatSchedule; and
d
all interests of the LRB in all other land shall vest in the greaterLondon council in whose area the land is situated or, if the land issituated in their area, the Common Council.
2
The interests of the LRB in the South Bank property, the RiversideWalk and Open Space in Upper Ground, Globe House, Manresa House, theformer Rachel MacMillan College, Creek Road, SE8 and in land the subjectof the Education (London Residuary Body) (Transfer of Functions andProperty) Order 1992 shall not transfer under paragraph (1).
3
Subject to paragraph (5), the interests of the LRB in land which itholds for charitable purposes shall not transfer under paragraph (1).
4
Subject to paragraph (6), all rights and liabilities of the LRB in,or acquired or incurred in relation to or in connection with, landtransferred by paragraph (1) shall vest on the transfer date in thecouncil to which such land is so transferred.
5
The vesting in the Council of the London Borough of Lambeth effectedby paragraph (1) of the land adjoining the Beaufoy Institute, 39 BlackPrince Road, SE1 shall include the rights in fee simple over theproperty registered at H.M. Land Registry under Title No. 79312 set outin Part I of Schedule 4 and shall except and reserve in fee simple forthe benefit of that property the rights set out in Part II of thatSchedule.
6
The LRB shall remain entitled to any refund of rates payable inrelation to any land referred to in paragraph (1) for any period priorto 1st April 1990 and may continue any appeal in respect of anyassessment in respect of any such period.
7
Paragraph (1) shall not operate so as to vest in the relevanttransferee any interest of the LRB arising pursuant to —
a
any covenants, including any security for enforcing the same, givenin favour of the LRB or its predecessors in title under sections 155 and156 of the Housing Act 1985 (repayment of discount on early disposal ofdwelling-house) ; or
b
any other covenants (whether restrictive or positive), including anysecurity for enforcing the same, given in favour of the LRB or itspredecessors in title where such covenants were —
i
not expressed to be given for the benefit or protection of any landwhich is transferred pursuant to paragraph (1), or
ii
contained in a lease and provided in whatever terms for any capitalsum to be payable in connection with any development or change of use ofthe land.
Conditions on Transfer
4
1
Land transferred to Kensington and Chelsea pursuant to article3(1)(a), except the former Mayfield School, West Hill, SW15, or toBromley pursuant to article 3(1)(b) is subject to the condition that itbe disposed of as soon as reasonably practicable.
2
Subject to paragraph (4), land transferred pursuant to article3(1)(c) is subject to the condition that it or any interest in it shallnot be disposed of within 20 years of the transfer date without theconsent in writing of the Secretary of State.
3
In giving his consent under paragraph (2) the Secretary of State mayimpose conditions regarding the payment of all or part of theconsideration for any such disposal, in such proportions as he maydirect, to any or all of the inner London councils and the CommonCouncil.
4
Paragraph (2) does not apply to a disposal required by paragraph (9)or (10).
5
Land marked with an asterisk in Schedule 3 is transferred subject tothe condition that by 1st April 1995 it is brought into use wholly ormainly for the purposes of the transferee council’s functions as thelocal education authority for their area.
6
The former Shoreditch School and Site, Falkirk Street, N1, theformer Shoreditch School Site Extension, 77, Kingsland Street/1a,Redvers Street, E2 and the former Henry Thornton Secondary School, 45,Clapham Common South Side, SW4 are each transferred subject to thecondition that by 1st April 1995 they be brought into use wholly ormainly for the purposes of an institution for the full-time education ofpersons over compulsory school age who have not attained the age ofnineteen years.
7
The former Wandsworth Boys' Secondary School, Sutherland Grove, SW18is transferred subject to the condition that it is to be brought intouse by 1st April 1995 as the site for a new school established undersection 12 or 13 of the Education Act 1980 or as the site for a school transferring to that siteunder section 16 of the Education Act 1944 .
8
The former Eltringham School Site, SW18 is transferred subject tothe condition that it is to be brought into use by 1st April 1995 as atransport depot for the purposes of the transferee council’s dutiesunder section 55(1) of the Education Act 1944 (provision of transport and other facilities).
9
Land which is not brought into use in accordance with paragraphs(5), (6), (7) and (8) is to be disposed of as soon as reasonablypracticable and the proceeds of sale after deduction therefrom of a sumequal to the aggregate amount of any capital expenditure incurred since1st April 1992 in relation to the land by the transferee and of anyexpenditure so incurred in connection with the disposal of the land areto be divided between the inner London councils and the Common Councilin proportion to their populations of children of compulsory school age,based on the most recent returns to the Department of Education andScience available at the time of completion of the sale.
10
The Hackney Sixth Form Centre, Cassland Road, E9 is transferredsubject to the condition that if the former Shoreditch School and Siteis brought into use as specified in paragraph (6) the said Centre shallbe disposed of and the proceeds of sale dealt with as required byparagraph (9).
Records relating to land transferred
5
1
Subject to paragraph (2), on the transfer date all records held bythe LRB relating exclusively to interests, rights and liabilities inland transferred by article 3 shall vest in the council to which suchinterests are so transferred.
2
The LRB shall remain entitled to retain custody of records relatingto any appeal referred to in article 3(6).
General transfer of property other than land
6
1
Where an interest in land vests by virtue of article 3 in anycouncil, any property in or on the land, being property held by the LRBfor the purposes of any of its functions, shall vest in that council.
2
Paragraph (1) applies —
a
to property used or intended to be used exclusively for thedischarge of functions on any land, and which is kept elsewhere when notin use;
b
to vehicles and other mobile equipment which are normally kept onany land; and
c
to property which is normally kept in or on land and which isimmediately before the transfer date on loan from the LRB to anotherperson or body,
3
The reference in paragraph (1) to the vesting of any property shallbe construed as including a reference to the vesting of rights andliabilities of the LRB in respect of any agreement for the hire or useby, or deposit with, the LRB of any such property.
4
On the transfer date all records held by the LRB relatingexclusively to property transferred by this article shall vest in thecouncil to which such property is so transferred.
5
Any vehicle licence, operator’s licence, road service licence,plating certificate or other document issued in respect of any vehiclethe property in which is transferred by this article shall have effectas if it had been issued to the council to whom property in such vehicleis transferred ( “the transferee”) and any reference to the LRB or the Inner London EducationAuthority in any registration book or other document issued in respectof such a vehicle shall have effect as a reference to the transferee.
Apportionment of receipts and expenditure of Kensington and Chelsea
7
1
All sums realised by Kensington and Chelsea in consequence of thetransfer by article 3(1)(a) of any property or rights shall afterdeduction of any expenditure attributable to such property and rights ( “relevant expenditure”) be apportioned among the inner London councils and the CommonCouncil in the appropriate proportions; and Kensington and Chelseashall, not later than the end of the financial year in which such sumsare received, pay the appropriate proportion to each of the other innerLondon councils and the Common Council and shall retain the balance.
2
If in any financial year the aggregate in that year of the sumsreferred to in paragraph (1) is insufficient to meet any relevantexpenditure of Kensington and Chelsea for that year, the expenditureshall, to the extent that it is not met from the aggregate, beapportioned among the inner London councils and the Common Council; andthe appropriate proportion shall be recoverable by Kensington andChelsea from each of the other inner London councils and the CommonCouncil.
Apportionment of receipts and expenditure of Bromley
8
1
All sums realised by Bromley in consequence of the transfer byarticle 3(1)(b) of any property or rights shall after deduction of anyexpenditure attributable to such property and rights ( “relevant expenditure”) be apportioned among the greater London councils and the CommonCouncil in the appropriate proportions; and Bromley shall, not laterthan the end of the financial year in which such sums are received, paythe appropriate proportion to each of the other greater London councilsand the Common Council and shall retain the balance.
2
If in any financial year the aggregate in that year of the sumsreferred to in paragraph (1) is insufficient to meet any relevantexpenditure of Bromley for that year, the expenditure shall, to theextent that it is not met from the aggregate, be apportioned among thegreater London councils and the Common Council; and the appropriateproportion shall be recoverable by Bromley from each of the othergreater London councils and the Common Council.
Continuity etc.
9
1
All contracts, deeds, bonds, agreements and other instrumentssubsisting in favour of, or against, and all notices in force which weregiven, or have effect as if given, by, or to, the LRB in respect of anyproperty, rights or liabilities ( “the transferred matters”) transferred by this Order shall be of full force and effect infavour of, or against, the council ( “the transferee”) to which such matters are transferred.
2
Subject to article 3(6) any action or proceeding, or any cause ofaction or proceeding, pending or existing at the transfer date by oragainst the LRB and in respect of any transferred matters may becontinued, prosecuted and enforced by or against the transferee.
Enforcement
10
The LRB shall enforce, subject to any directions given by theSecretary of State, compliance with the conditions imposed by article4.
Disputes
11
In the event of a dispute between any councils (including the CommonCouncil) as to the amount of any sum payable or expenditure recoverableby Kensington and Chelsea or Bromley pursuant to this Order, the mattershall be determined by an arbitrator appointed by the Secretary ofState; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as ifit were an arbitration to which that section applies.
Kenneth Clarke
Secretary of State for Education and Science
9th March 1992


text:
1
These Regulations may be cited as the Local Authorities (Calculation of Council Tax Base) (Amendment) (No. 2) Regulations 1992 and shall come into force on 27th November 1992.
2
The Local Authorities (Calculation of Council Tax Base) Regulations 1992 shall be amended as follows —
a
in regulation 3 —
i
in paragraph (1), at the beginning, there shall be inserted “Subject to paragraph (4) below,”;
ii
at the end there shall be added —
4
Where it appears to the authority likely that, for any financial year, the Secretary of State for Defence will pay to it a sum in respect of the council tax which would be payable if Class O exempt dwellings situated in its area were not exempt, the authority shall add to the amount given by the formula in paragraph (1) above for that year such amount as the authority considers appropriate in relation to its tax base by reference to the sum likely to be paid by the Secretary of State for Defence.
5
For the purposes of paragraph (4) above, “Class O exempt dwellings” means any dwellings which are exempt dwellings by virtue of belonging to Class O prescribed by the Council Tax (Exempt Dwellings) Order 1992.
;
b
in regulation 7, in paragraphs (1) and (2), after the words “in regulation 5” there shall be inserted “, and any amount added in accordance with regulation 3(4),” and after the words “determined for those items” there shall be inserted “or so added”.
Signed by authority of the Secretary of State
John Redwood
Minister of State,
Department of the Environment
25th November 1992
David Hunt
Secretary of State for Wales
25th November 1992


text:
1
— This Order may be cited as the Merchant Shipping (Conformation of Legislation) (Virgin Islands) Order 1992 and shall come into force on 28th January 1993.
2
— The Registrar of Ships (Designation) Act 1992 enacted by the Legislature of the Virgin Islands, is hereby confirmed.
N. H. Nicholls
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Summer Time Order 1992 and shall come into force on the fourteenth day after the day on which it is made.
2
This Order shall have effect in Great Britain, Northern Ireland and the Bailiwick of Guernsey.
3
In this Order “ the Act ” means the Summer Time Act 1972.
2
In relation to the year 1993, the period of summer time for the purposes of the Act shall be the period beginning at one o'clock, Greenwich mean time, in the morning of 28th March 1993 and ending at one o'clock, Greenwich mean time, in the morning of 24th October 1993 instead of the period specified in section 1 of the Act.
3
In relation to the year 1994, the period of summer time for the purposes of the Act shall be the period beginning at one o"clock, Greenwich mean time, in the morning of 27th March 1994 and ending at one o"clock, Greenwich mean time, in the morning of 23rd October 1994 instead of the period specified in section 1 of the Act.
G. I. de Deney
Clerk of the Privy Council


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the 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 Oxfordshire that the last of the new trunk roads to be opened for through traffic has been opened.
2
In this Order:
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 high-ways classified as principal roads but is a classified road for the purpose of every enactment andinstrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the plan” means the plan numbered CSE 247/1/26/03A, marked “The A43 Oxford–Market Deeping Trunk Road (Peartree Hill Roundabout to Gosford Section) De-Trunking Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk roads” means the highways to be provided by the Secretary of State in pursuance of the A43 Oxford–Market Deeping Trunk Road (Gosford Bypass Section and Slip Roads) Order 1984 ; the A43 Oxford-Market Deeping Trunk Road (Gosford Bypass Section and Slip Roads) ( No. 2) Order 1986 ; the M40 London–Oxford–Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 1) Scheme 1984 ; the M40 London–Oxford–Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (No. 2) Scheme 1985 ; the M40 London–Oxford–Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads (Supplementary) Scheme 1985 ; and the M40 London–Oxford–Birmingham Motorway (Waterstock to Wendlebury Section) and Connecting Roads Scheme 1989 .
3
This Order shall come into force on 1st December 1992 and may be cited as the A43 Oxford–Market Deeping Trunk Road (Peartree Hill Roundabout to Gosford Section) De-Trunking Order 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director, South East Region,
Department of Transport
2nd November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Dealers in Securities) Regulations 1992 and shall come into force on 22nd March 1992.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Board of directors” means the Board of directors of LIFFE (A & M);
“the Delta number” means the number which —
is calculated and published from time to time under the authority of the Board of directors in relation to each type of option and the price at which the option may be exercised, and
reflects the degree of probability of exercise of that option as determined by the Board of directors in the light of the current market price of the shares or stock to which the option relates;
“the Deltaplus limit” has the meaning given by regulation 5(2);
“designated account” means an account designated for a member by the Board of directors in connection with options to buy or sell equity securities;
“equity securities” means securities within the meaning of section 731(9) of the Taxes Act which are issued by a company;
“the first buyer” has the meaning given by section 731(2) of the Taxes Act;
“LIFFE” means The London International Financial Futures and Options Ex change;
“LIFFE (A & M)” means The London International Financial Futures Exchange (Administration and Management);
“the Max limit” has the meaning given by regulation 5(1);
“member” means a member of LIFFE (A & M) who is recognised as such by the Board of directors;
“option” means an option to buy or sell securities which is listed by and traded on LIFFE;
“options market maker” means a member who buys and sells, on his own account, options to buy or sell equity securities and who, at the times specified in regulation 4(3)(b) and (4), was recognised by the Board of directors as a market maker in relation to options in respect of equity securities of a particular kind and was acting in the capacity of a market maker in relation to those options;
“options principal trader” means a member who buys and sells, on his own account, options to buy or sell equity securities but who, at the times specified in regulation 4(3)(b) and (4), was not recognised by the Board of directors as a market maker in relation to options in respect of equity securities of a particular kind or, if so recognised, was not acting in the capacity of a market maker in relation to those options;
“relevant expiry month” means a calendar month during which an option to buy or sell equity securities of a particular kind will expire, unless previously exercised;
“section 732” means section 732 of the Taxes Act;
“subsection (1)” means subsection (1) of section 732;
“subsection (2A)” means subsection (2A) of section 732;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Prescribed persons and date for the purposes of subsection (2A)
3
For the purposes of subsection (2A) this regulation prescribes —
a
The London Clearing House Limited as a recognised clearing house;
b
a member who buys and sells options to buy or sell equity securities as a class or description of member referred to in paragraph (a) of that subsection;
c
LIFFE (A & M) as a recognised investment exchange;
d
22nd March 1992 as the date referred to in paragraph (b) of that subsection.
Prescribed circumstances for the purposes of subsection (2A)
4
1
Paragraphs (2) and (3) of this regulation prescribe for the purposes of subsection (2A) the circumstances in which subsection (1) shall not apply.
2
If the first buyer is The London Clearing House Limited, the prescribed circumstances are where —
a
the securities referred to in subsection (1) as purchased by the first buyer are equity securities of a particular kind, and
b
those securities were purchased by the London Clearing House Limited as the first buyer acting in its capacity as a person providing clearing services to LIFFE within the meaning of section 38(1) of the Financial Services Act 1986 .
3
If the first buyer is a member, the prescribed circumstances are where —
a
the securities referred to in subsection (1) as purchased by the first buyer are equity securities of a particular kind;
b
those securities were purchased by the member as the first buyer —
i
as an options market maker at the date of purchase by way of a hedge against the likelihood of his having to deliver such securities on a future exercise of options which he has bought or sold, or
ii
as an options principal trader at the date of purchase by way of a hedge against the likelihood of his having to deliver such securities on a future exercise of options which he has bought or sold, or
iii
in order to meet his obligation to deliver securities resulting from the earlier exercise of options by or against him, or
iv
in order to meet his obligation to receive securities resulting from the earlier exercise of options by or against him;
c
the number of such securities so purchased by the member —
i
where paragraph (i) of sub-paragraph (b) applies, does not result in the total number of securities of that kind held at the date of purchase by the member for the purpose specified in that paragraph exceeding the Max limit applicable on that date in respect of securities of that kind, or
ii
where paragraph (ii) of sub-paragraph (b) applies, does not result in the total number of securities of that kind held at the date of purchase by the member for the purpose specified in that paragraph exceeding the Deltaplus limit applicable on that date in respect of securities of that kind, or the Max limit applicable on that date in respect of securities of that kind to which he would be subject if he were a market maker, whichever is the less, or
iii
where paragraph (iii) of sub-paragraph (b) applies, does not exceed the amount, if any, by which the number of securities which he is so obliged to deliver exceeds the number of securities of that kind calculated by reference to the formula —
A + B - C
where —
A is the number of securities of that kind which he held at the time of exercise of those options, other than securities which he was obliged to deliver at that time as the result of an earlier agreement to sell securities which at the time of the agreement he did not own and had not agreed to purchase, which he had agreed to sell in order to hedge the likelihood of his having to receive such securities on a future exercise of options which he had bought or sold, and which did not exceed the appropriate limit at the time of the agreement;
B is the number of such securities which he was obliged to receive at that time as a result of the earlier exercise of other options by or against him, and
C is the number of such securities which he held at that time as a hedge against the likelihood of his having to deliver such securities on a future exercise of other options which he had bought or sold;
d
if, following the purchase of such securities by the member in the circumstances referred to in paragraph (i) or (ii) of sub-paragraph (b), the number of such securities held by the member, other than securities held in order to meet his obligation to deliver securities as the result of the earlier exercise of options by or against him, exceeds, at any time subsequent to the date of purchase and for a period of six consecutive days, the appropriate limit as calculated from day to day in respect of securities of that kind, the amount of the excess is sold by him prior to the expiry of the day following the end of that period;
e
if, following a purchase of such securities by the member in the circumstances referred to in paragraph (iv) of sub-paragraph (b), the number of securities of that kind held by him exceeds, for a period of six consecutive days, the sum of —
i
the appropriate limit, as calculated from day to day, in respect of securities of that kind which are required as a hedge against the likelihood of his having to deliver such securities on a future exercise of other options which he has bought or sold, and
ii
the number of securities of that kind required to meet his obligation to deliver securities resulting from the exercise of other options by or against him,
the amount of the excess is sold by him prior to the expiry of the day following the end of that period.
4
For the purposes of sub-paragraphs (c)(iii), (d) and (e) of paragraph (3), “the appropriate limit” means —
a
as regards a member who is an options market maker in relation to those securities at the time of the agreement referred to in the definition of A in sub- paragraph (c)(iii) of paragraph (3) or, as the case may be, during the period specified in sub-paragraph (d) or (e) of that paragraph, the Max limit, and
b
as regards a member who is an options principal trader in relation to those securities at the time or, as the case may be, during the period referred to in sub- paragraph (a) of this paragraph, the Deltaplus limit or the Max limit, whichever is the less.
Meanings of the Max limit and the Deltaplus limit
5
1
For the purposes of paragraphs (3) and (4) of regulation 4, “the Max limit” means, in relation to options entered into by a member who is an options market maker to buy or sell equity securities of a particular kind, the maximum number of such securities which is found by —
a
making the following calculation in respect of each relevant expiry month and each designated account —
D - E
where —
D is the number of securities which he is likely to deliver, and
E is the number of securities which he is likely to receive, on the exercise of options expiring within that month, on the assumption that —
the market price of the securities is at a figure which having regard to paragraphs (ii) and (iii) would produce the maximum figure resulting from that calculation,
such options as give the holder the right to buy such securities at a price above that market price, or to sell such securities at a price below that market price, are not exercised, and
such options as give the holder the right to buy such securities at a price equal to or below that market price, or to sell such securities at a price equal to or above that market price, are exercised;
b
where the amount calculated by reference to sub-paragraph (a) is a negative amount, treating that amount as zero; and
c
aggregating the amounts so calculated in respect of all relevant expiry months and designated accounts.
2
For the purposes of paragraphs (3) and (4) of regulation 4, “the Deltaplus limit” means, in relation to options entered into by a member who is an options principal trader to buy or sell equity securities of a particular kind, the maximum number of such securities which is found by —
a
subject to sub-paragraph (c), making the following calculation in respect of each relevant expiry month and each designated account —
F - G
where —
F is the number of such securities which he is likely to deliver on the exercise of options expiring within that month, calculated by multiplying the most recently published Delta number by the number of securities in respect of each option which would be transferred if that option were exercised, and
G is the number of securities which, adopting the same method of calculation, he is likely to receive, on the exercise of such options;
b
increasing the amount calculated in sub-paragraph (a) by 20 per cent. of the sum of the number of such securities which he would be obliged to deliver and the number he would be obliged to receive, if those options were all exercised;\
c
where at the time of calculation such options would expire, unless previously exercised, within a period of four weeks, making the calculation specified in paragraph (1)(a) of this regulation in respect of those options for the relevant expiry month instead of the calculations referred to in sub-paragraphs (a) and (b) of this paragraph;
d
where the amount calculated by reference to sub-paragraphs (a) and (b) or the amount calculated by reference to sub-paragraph (c) is a negative amount, treating that amount as zero; and
e
aggregating the amounts so calculated in respect of all relevant expiry months and designated accounts.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Worcestershire Community National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Worcestershire Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Worcestershire Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Evesham Community Hospital, Waterside, Evesham, Worcestershire WR11 6JT and associated hospitals;
b
to manage community health services provided from Isaac Maddox House, Shrub Hill Road, Worcester WR4 9RW 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 Worcester and District 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 Worcester and District 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 Worcester and District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (No. 2) Order 1992 and shall come into force on 1st June 1992.
Hazardous Substances
2
1
In article 2 of the Town and Country Planning (Use Classes) Order 1987 (interpretation), the definitions of “hazardous substance” and “notifiable quantity” shall be omitted.
2
In article 3 of that Order (use classes), paragraph (5) shall be omitted.
Michael Heseltine
Secretary of State for the Environment
11th March 1992
David Hunt
Secretary of State for Wales
11th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support Fees Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support Act 1991;
“assessable income” means income calculated in accordance with paragraph 5 of Schedule 1 to the Act;
“assessment fee” means a fee in respect of the assessment of child support maintenance;
“collection fee” means a fee in respect of the Secretary of State arranging for the collection of child support maintenance which becomes due, in accordance with a maintenance assessment, after that fee becomes payable, and (if necessary) arranging for the enforcement of the obligation to pay that child support maintenance in accordance with that assessment;
“ Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“parent with care” means a person who, in respect of the same child or children, is both a parent and a person with care.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Circumstances when fees are payable
2
Where a maintenance assessment is made following an application under section 4, 6 or 7 of the Act fees shall be payable to the Secretary of State in accordance with regulations 3 and 4.
Liability to pay fees
3
1
Subject to the provisions of paragraphs (4) and (5), where a maintenance assessment is in force the following persons shall be liable to pay fees, in accordance with the provisions of regulation 4 —
a
where an application has been made under section 4 or 7 of the Act —
i
the person with care if he is a parent with care; and
ii
the absent parent
with respect to whom the assessment was made;
b
where an application has been made under section 6 of the Act and the parent with care remains within section 6(1) of the Act, the absent parent with respect to whom the assessment was made.
2
In a case falling within paragraph (1)(a), the fees payable shall be the assessment fee and, where the Secretary of State exercises his powers under section 4(2) or 7(3) of the Act, the collection fee.
3
In a case falling within paragraph (1)(b), the fees payable shall be the assessment fee and the collection fee.
4
Where —
a
an application has been made under section 6 of the Act; and
b
the parent with care no longer falls within section 6(1) of the Act but has not requested the Secretary of State to cease taking action under section 6 of the Act,
the case shall for the purposes of paragraph (1) be treated as if the application had been made under section 4 of the Act.
5
No fees shall be payable by the following categories of person —
a
any person to or in respect of whom income support, family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 is paid;
b
any person under the age of 16 or under the age of 19 and receiving full-time education which is not advanced education;
c
any person whose assessable income is nil;
d
an absent parent to whom the provisions of paragraph 6 of Schedule 1 to the Act (protected income) apply.
6
The provisions of paragraph (5) shall —
a
be applied in relation to any occasion when a liability to pay fees under the provisions of regulation 4 would otherwise arise; and
b
have no effect on the fees payable by any other person.
7
For the purposes of paragraph (5)(b), “advanced education” has the same meaning as in paragraph 2 of Schedule 1 to the Maintenance Assessment Procedure Regulations (meaning of “child” for the purposes of the Act), and education is to be treated as full-time education if it satisfies the conditions set out in paragraph 3 of that Schedule.
Fees
4
1
The first assessment fee shall become payable on the date a maintenance assessment is made following an application under section 4, 6 or 7 of the Act and an assessment fee shall thereafter become payable on each anniversary of that date.
2
The first collection fee shall become payable on the date the Secretary of State arranges for the collection of child support maintenance and a collection fee shall thereafter become payable on the date the assessment fee becomes payable.
3
Subject to paragraphs (4) and (6) —
a
the assessment fee shall be £44.00;
b
the collection fee shall be £34.00.
4
Where the first collection fee becomes payable on a date (“the first collection date”) later than the date the first assessment fee becomes payable or an anniversary of thatdate, the amount of that fee shall be an amount equal to the collection fee specified in paragraph (3) above, multiplied by the number of complete weeks between the first collection date and the date the assessment fee next becomes payable, and divided by 52.
5
The provisions of this regulation in relation to collection fees shall apply where there has been an earlier period, which has terminated, during which collection fees were payable and the Secretary of State again arranges for the collection of child support maintenance, and references to “the first collection fee” shall be construed accordingly.
6
No additional assessment fees or collection fees shall be payable by a person with respect to whom more than one maintenance assessment is in force.
7
Where a liability to pay assessment fees or collection fees under these Regulations arises, the fees shall become due on the fourteenth day after the date the fee invoice is given or sent by the Secretary of State.
8
If a fee invoice is sent by post to a person’s last known or notified address, it shall, for the purposes of paragraph (7), be treated as having been given or sent on the second day after the day of posting, excluding any Sunday or any day which is a bank holiday in England, Wales, Scotland or Northern Ireland under the Banking and Financial Dealings Act 1971 .
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
9th December 1992Department of Social Security


text:
Citation and commencement
1
This Order may be cited as the Telecommunication Meters (Approval Fees) (British Approvals Board for Telecommunications) Order 1992 and shall come into force on 6th April 1992.
Interpretation
2
In this Order —
“the Act” means the Telecommunications Act 1984;
“application fee” has the meaning given by article 3(a) below;
“approval” means approval of a meter under section 24 of the Act;
“BABT” means the British Approvals Board for Telecommunications;
“continuation fee” has the meaning given by article 3(b) below;
“licensee” means a particular person to whom a licence has been granted under section 7 of the Act being a licence to which section 8 of the Act applies;
“man-hour” includes a period of half a man-hour or more but less than a complete man-hour, any period of less than half a man-hour being disregarded for the purposes of calculating the fees payable pursuant to this Order;
“meter” has the meaning given by section 24(15) of the Act; and
“tax invoice” means an invoice provided by BABT in accordance with the requirements of Part III of the Value Added Tax (General) Regulations 1985 to the person by whom a fee is payable pursuant to article 3 of this Order.
Application
3
This Order shall apply to the fees to be paid to BABT —
a
in respect of exercising the function of considering applications for approval received on or after 6th April 1992 (which includes, without prejudice to the generality thereof, the appraisal of licensees' meters and assessment against the standard designated by the Director under section 24(6)(b) of the Act), by a person applying for such approval (such fee being referred to in this Order as an “application fee”); and
b
where an approval specifies pursuant to section 24(4) of the Act a condition which must be complied with if the approval is to apply, imposing on the person to whom the approval is given a requirement from time to time to satisfy BABT with respect to any matter, by that person in respect of the exercise on or after 6th April 1992 of the function of being satisfied that that requirement is being complied with (such fee being referred to in this Order as a “continuation fee”).
Fees
4
1
The fees to be paid to BABT in respect of both application fees and continuation fees shall be calculated and paid in accordance with the following provisions of this article.
2
The fees shall be the sum of —
a
an amount calculated at the rate of £43.24 per man-hour taken by BABT in exercising the relevant function; and
b
an amount equal to the value added tax chargeable on the supply of exercising that function.
3
For the purposes of this article, the value of the supply of exercising the relevant function by reference to which value added tax is chargeable shall be the amount calculated in accordance with paragraph (2)(a) above.
4
The fees shall be paid on delivery by BABT of a tax invoice monthly in arrears.
John Redwood
Department of Trade and Industry
11th March 1992