text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Compensation for Premature Retirement) (Amendment) Regulations 1993 and shall come into force on 23rd December 1993, but —
a
regulations 2(c) and (d) and 3 to 6 shall have effect as from 6th April 1988,
b
regulation 2(a) and (b) shall have effect as from 19th December 1989, and
c
regulation 2(e) shall have effect as from 1st April 1990.
2
In these Regulations “the 1982 Regulations ”means the Local Government (Compensation for Premature Retirement) Regulations 1982 .
Definitions
2
Regulation 3 of the 1982 Regulations is amended —
a
by deleting the definitions of “qualifying service”and “remuneration”;
b
by inserting after the definition of “the Act of 1972”the following definitions:
“additional duty”, “qualifying service”, “remuneration”, “separate variable–time employment”and “whole–time employment”have the same respective meanings as in the Superannuation Regulations;
;
c
in paragraph (c) of the definition of “eligible child”, by inserting after the words “adopted child of the”the words “husband or”, and by substituting for the words from “mainly dependent”to the end the words “mainly dependent on the beneficiary both on the material date and at the time of the beneficiary’s death;”;
d
in the definition of “periodic payment”, by inserting after the word “him”in paragraph (a) and after the word “his”in each place where it occurs the words “or her”, and by inserting after the word “widow”in paragraph(b) the word “,widower”;
e
by deleting paragraph (a) in the definition of “relevant disqualification”.
Widow’s and widower’s compensation
3
The 1982 Regulations are amended by substituting for regulation 8 the following:
Entitlement to widow’s or widower’s short–term and long–term compensation
8
1
Subject to paragraphs (2) to (4) and as hereafter in these Regulations provided, if a beneficiary dies and is survived by a widow, widows or widower who is or, as the case may be, who are jointly or who would, but for —
a
a relevant disqualification with respect to the beneficiary (and on the relevant assumptions); or
b
the transfer of benefits to another pension scheme;
be entitled to receive a pension under regulation E5(1) to (8) of the Superannuation Regulations in relation to the beneficiary’s former employment, the widow or widower shall be entitled or, as the case may be, shall be jointly entitled, to receive —
i
widow’s or widower’s short–term compensation for a period of 3 months after the day of the beneficiary’s death; or
ii
if the beneficiary’s death occurs after 5th April 1988 and the widow or widower has one or more eligible children in her or his care, widow’s or widower’s short–term compensation for the period of 6 months after the day of his or her death;
and, in either case, then to widow’s or widower’s long–term compensation.
2
A widow or widower shall not be entitled —
a
to receive widow’s or widower’s short–term or long–term compensation —
i
if the marriage took place after the material date; or
ii
if at the material date or at the date of death the beneficiary and his or her spouse were judicially separated; or
b
to receive payment in respect of widow’s or widower’s long–term compensation until the day following the expiration of the period of 3 or 6 months, as the case may be, after the day of the beneficiary’s death.
3
Except where paragraph (4) applies, where a widower or widow is entitled to short–term or long–term compensation by virtue of this regulation —
a
he or she is not entitled to that compensation during any subsequent marriage or any period of cohabitation outside marriage; and
b
he or she is entitled to widower’s or widow’s long–term compensation from the end of any such marriage or period only if the employing authority in their discretion so decide.
4
Where a widower and a widow who are each entitled to short–term or long–term compensation under this regulation marry each other or cohabit with each other outside marriage, only such one of them as the widower and widow may determine shall be entitled to his or her compensation and the other shall cease to be entitled to his or her compensation until the dissolution of the marriage, the ending of the cohabitation, or the death of the widower or widow.
.
Amount of widow’s or widower’s short–term and long–term compensation
4
Regulation 9 of the 1982 Regulations is amended —
a
in paragraphs (1) and (2) —
i
by inserting after the word “widow”the words “or widower”;
ii
by inserting after the word “his”in each place where it occurs the words “or her”;
b
in paragraphs (2) and (4), by inserting after the word “he”in each place where it occurs the words “or she”;
c
in paragraph (3) —
i
by inserting before the words “widow’s short–term”the words “widower’s or”;
ii
by inserting in sub–paragraphs (a) and (b) after the words “periodic payments which”the words “he or”.
Children’s compensation
5
The 1982 Regulations are amended by substituting for regulation 10 the following:
Entitlement to children’s short–term and long–term compensation
10
1
Subject as hereafter in these Regulations provided, if a beneficiary dies and is survived by an eligible child who is or eligible children who are or who would, but for —
a
a relevant disqualification with respect to the beneficiary (and on the relevant assumptions); or
b
the transfer or benefits to another pension scheme;
be entitled to receive a children’s short–term pension under E8 of the Superannuation Regulations in relation to the beneficiary’s former employment, children’s short-term compensation shall be payable to or for the benefit of such eligible child or eligible children —
i
if a children’s short–term pension under regulation E8 of the Superannuation Regulations is payable for the period of 3 months after the death of the beneficiary, for that period; or
ii
in any other case, for the period of 6 months after the death.
2
Children’s short–term compensation shall not be payable in respect of a period for which widow’s or widower’s short–term compensation is payable to the widow or widower of the beneficiary.
3
Subject as hereafter in these Regulations provided, if a beneficiary dies and is survived by an eligible child who is or eligible children who are or who would, but for —
a
a relevant disqualification with respect to the beneficiary (and on the relevant assumptions); or
b
the transfer of benefits to another pension scheme;
be entitled to receive a children’s long–term pension under regulation E8 of the Superannuation Regulations in relation to the beneficiary’s former employment, children’s long–term compensation shall be payable to or for the period of such eligible child or eligible children —
i
if a children’s long–term pension under regulation E8 of the Superannuation Regulations is payable following the expiration of the period of 3 months after the death of the beneficiary, from the day following the expiration of that period; or
ii
in any other case, from the day following the expiration of the period of 6 months after the death.
.
Amount of children’s short–term and long–term compensation
6
Regulation 11 of the 1982 Regulations is amended —
a
by inserting after the word “his”in each place where it occurs the words “or her”;
b
in paragraph (2) by inserting after the words “widow”and “widow's”in each place where they occur the words “or widower”and “or widower's”respectively;
c
in paragraph (3) by inserting after the word “he”in each place where it occurs the words “or she”.
Compensation of widowers, etc.
7
Regulation 12 of the 1982 Regulations is amended by inserting at the end the following:
4
No notification may be given under paragraph (2) or may be treated as having been given under paragraph (3) on or after [date of coming into force of these Regulations].
.
Revocation of Regulations
8
Sub–paragraph (a) of regulation 1(2) of the Local Government (Compensation for Premature Retirement) (Amendment) Regulations 1992 is revoked.
Retrospective effect
9
Nothing in these Regulations shall place any individual who is qualified to participate in the benefitsfor which the 1982 Regulations provide in a worse position than he would have been in if regulations 2 to 6 had been framed so as to have effect only from the date of their making.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th November 1993


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Concession Statements (Prescribed Information) Regulations 1993 and shall come into force on 14th June 1993.
2
In these Regulations–
“ the Act ” means the New Roads and Street Works Act 1991;
“concession period” means the period specified in a concession agreement as the period during which the concessionaire is appointed to construct a concession road and to enjoy the right to charge tolls for the use of it after it has been opened to public traffic;
“concession road” means a road proposed to be provided by a highway authority which is a road subject to a concession by virtue of a concession agreement entered into between a concessionaire and the highway authority pursuant to the Act; and
“concession statement” means a statement made available for inspection in accordance with paragraph 1(3) of Schedule 2 to the Act.
3
A concession statement shall contain the following information–
a
the name and address of the concessionaire or, if the concessionaire is a company within the meaning of the Companies Act 1985 , the name, registered number and registered office of the concessionaire;
b
if the concessionaire is a company with issued share capital, the name and address of each member of the company who is the registered owner of at least 10 per cent of the issued share capital when the concession statement is made available for inspection in accordance with paragraph 1(3) of Schedule 2 to the Act;
c
a statement of the maximum duration of the concession period and as to whether, in accordance with the provisions of the concession agreement, that period may be terminated early;
d
a summary of any provisions in the concession agreement regarding the management of traffic (whether by the exercise of the powers conferred on the concessionaire by section 3 of the Act or otherwise) during the execution of works for improving, repairing or maintaining the concession road, including provisions as to maintaining liaison between the concessionaire and the police and other authorities;
e
a brief description of any highway functions specified in the concession agreement which the concessionaire is or is to be authorised to exercise pursuant to section 2(1) of the Act;
f
a summary of any obligations undertaken by the concessionaire in the concession agreement–
i
to take steps to minimise or avoid any adverse environmental effects arising out of the construction, existence or use of the concession road; and
ii
with regard to the provision of service areas by him or pursuant to an agreement with him; and
g
a statement of any improvements of the concession road which the concessionaire has undertaken to make during the concession period and of the nature of those improvements, the time when he proposes to execute them and any conditions (such as the use of the concession road by a specified average number of vehicles during a specified period) to be fulfilled before the concessionaire would execute the improvements.
John MacGregor
Secretary of State for Transport
10th May 1993
David Hunt
Secretary of State for Wales
12th May 1993


text:
Citation and commencement
1
These Regulations may be cited as the Community Customs Code (Consequential Amendment of References) Regulations 1993 and shall come into force on 1st January 1994.
Amendments of the Management Act
2
1
The Customs and Excise Management Act 1979 shall be amended as follows.
2
In each of sections 20(3) (approval of wharves), 22(3) (approval of examination stations at customs and excise airports), 25(3) (approval of transit sheds) and 42(3) (power to regulate unloading, removal etc. of imported goods), for the words “Article 3.3 of Council Regulation ( EEC ) No. 2726/90 ” there shall be substituted the words “Article 165 of Council Regulation (EEC) No. 2913/92 and Article 311 of Commission Regulation (EEC) No. 2454/93 ” .
3
In each of sections 20A (approved wharves) and 22A (examination stations), for the words “Article 11 of Council Regulation (EEC) No. 4151/88 ” there shall be substituted the words “Article 46 of Council Regulation (EEC) No. 2913/92 ”.
4
In section 25A (transit sheds), for the words “Article 17 of Council Regulation (EEC) No. 4151/88 ” there shall be substituted the words “Article 51 of Council Regulation (EEC) No. 2913/92 ”.
5
In section 27(1A) (officers' powers of boarding), for the words “Article 3 of Commission Regulation (EEC) No. 2561/90 ” there shall be substituted the words “Article 98 of Council Regulation (EEC) No. 2913/92 or Article 505 of Commission Regulation (EEC) No. 2454/93 ”.
6
In section 75C(1) (records relating to goods subject to certain transit arrangements)–
a
for the words “Commission Regulation (EEC) No. 1214/92 ” there shall be subsituted the words “Title II of Part II of Commission Regulation (EEC) No. 2454/93 ”;
b
for the words “Article 16” there shall be substituted the words “Article 324”.
7
In section 77C(1)(a) (information powers relating to goods subject to certain transit arrangements), for the words “Article 16” there shall be substituted the words “Article 324”.
Amendment of Free Zone Regulations
3
For the Schedule to the Free Zone Regulations 1991 there shall be substituted Schedule 1 to these Regulations.
Amendments of Importation of Goods Regulations
4
1
The Customs Controls on Importation of Goods Regulations 1991 shall be amended as follows.
2
In regulation 2–
a
for the words “Council Regulation (EEC) No. 4151/88 ” there shall be substituted the words “Council Regulation (EEC) No. 2913/92 ”;
b
the following definition shall be inserted after the definition of “the Council Regulation”–
“the Commission Regulation” means the Commission Regulation (EEC) No. 2454/93
3
In regulation 3(1) for the words “as required by Article 5, second paragraph,” there shall be substituted the words “when presentation of the goods is required by Article 40”.
4
In regulation 3(3) for the words “Article 5, second paragraph” there shall be substituted the words “Article 40”.
5
In regulation 4 for the words “Article 8” there shall be substituted the words “Article 43”.
6
In regulation 5 for the words “Article 15” there shall be substituted the words “Article 49”.
7
In regulation 7 for the words “Article 3.3 of Council Regulation (EEC) No. 2726/ 90” there shall be substituted the words “Article 165 of the Council Regulation and Article 311 of the Commission Regulation”.
8
In regulation 8 after the words “Council Regulation” there shall be inserted the words “or any provision of the Commission Regulation”.
9
In Schedule 1 for the words “Article 5 of the Council Regulation (EEC) No. 4151/ 88” there shall be substituted the words “Article 40 of the Council Regulation”.
10
For Schedule 4 there shall be substituted Schedule 2 to these Regulations.
Amendments of Transit Regulations
5
1
The Customs and Excise (Transit) Regulations 1993 shall be amended as follows.
2
In regulation 2, in paragraph (a) of the definition of “Consignment Note CIM” and “ TR transfer note”, for the words “Articles 72 and 86 respectively of Commission Regulation (EEC) No. 1214/92 ” there shall be substituted the words “Articles 413 and 427 respectively of Commission Regulation (EEC) No. 2454/93 ”.
3
In regulation 2, in the definition of “relevant Community provision”–
a
in paragraph (a)–
i
for the words “first, second or third” there shall be substituted the words “first or second”;
ii
in sub–paragraph (i) for the words “Article 37(3) of Council Regulation (EEC) No. 2726/90 ” there shall be substituted the words “Article 163(3) of Council Regulation (EEC) No. 2913/92 and Article 381(2) of Commission Regulation (EEC) No. 2454/93 ”;
iii
in sub–paragraph (ii) for the words “Articles 81(1) and 96(1) of Commission Regulation (EEC) No. 1214/92 ” there shall be substituted the words “Articles 422(1) and 437(1) of Commission Regulation (EEC) No. 2454/ 93”;
b
in paragraph (b) for the words “fourth or fifth” there shall be substituted the words “third or fourth”.
4
For the Schedule there shall be substituted Schedule 3 to these Regulations.
Amendment of Customs Warehousing Regulations
6
For the Schedule to the Customs Warehousing Regulations 1991 there shall be substituted Schedule 4 to these Regulations.
Martin Brown
Commissioner of Customs and Exercise
New King’s Beam House 22 Upper Ground London SE1 9PJ
2nd December 1993


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be 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 Cambridgeshire that the new trunk roads referred to in article 1 of the A11 Trunk Road (A505 Junction to Four Went Ways Improvement and Slip Roads) Order 1993 are open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
(2) (i) “classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; (ii) “the deposited plan”means the plan numbered HA10/2E/329 marked “The A11 Trunk Road (A505 Junction to Four Went Ways) (Detrunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and (iii) “the trunk road”means the A11 Trunk Road.
3
This Order shall come into force on 23rd June 1993 and may be cited as the A11 Trunk Road (A505 Junction to Four Went Ways) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
8th June 1993


text:
Citation and Commencement
1
These Rules may be cited as the Magistrates' Courts (Miscellaneous Amendments) Rules 1993 and shall come into force on 24th May 1993.
The Justices' Clerks Rules 1970
2
The Justices' Clerks Rules 1970( ) shall be amended as follows–
a
after rule 3, there shall be added the following rule( )–
4
1
The things specified in the Schedule to these Rules (except in paragraphs 13 to 15D), being things authorised to be done by, to or before a justices' clerk, may be done instead by, to or before–
a
a person appointed by a magistrates' courts committee to assist him;
b
where he is a part-time justices' clerk, any member of his staff who has been appointed by the magistrates' courts committee to assist him as such; or
c
any officer appointed by the committee of magistrates to be his deputy or to assist him,
provided that that person, member or officer has been specifically authorised by the justices' clerk for that purpose; and any reference in the Schedule to a justices' clerk shall be taken to include such a person, member or officer.
2
Any authorisation by the justices' clerk under paragraph (1) above shall be recorded in writing at the time the authority is given or as soon as is practicable thereafter.
;
b
after paragraph 2 of the Schedule, there shall be inserted the following paragraph–
2A
1
The issue of a warrant of arrest, whether or not endorsed for bail, for failure to surrender to the court, where there is no objection on behalf of the accused.
2
The issue of a warrant of distress.
;
c
in paragraph 4 of the Schedule, after sub-paragraph (2) there shall be inserted the following sub-paragraphs–
3
The further adjournment of criminal proceedings, where there is no objection by the prosecutor, where the accused, having been remanded on bail on the previous adjournment, is remanded on bail on the like terms and conditions in his absence.
4
The remand of the accused on bail in his absence at the time of further adjourning the proceedings in pursuance of sub-paragraph (3) above.
5
The appointment of a later time as the time at which a person, who has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates' court, is to appear, and the enlargement of any sureties for that person at that time, in accordance with section 43(1) of the Magistrates' Courts Act 1980, provided there is no objection by the prosecutor.
;
d
after paragraph 4 of the Schedule, there shall be inserted the following paragraphs–
4A
1
The committal of a person for trial on bail in accordance with section 6(2) and (3)(b) of the Magistrates' Courts Act 1980 where, having been remanded on bail on the previous adjournment, he is released on bail on the like terms and conditions.
2
The making of witness orders in accordance with section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965 where the clerk has exercised the powers in sub-paragraph (1) above, and the informing of a person committed for trial by virtue of that sub-paragraph of the matters referred to in subsection (3) of that section.
4B
1
The asking of an accused whether he pleads guilty or not guilty to a charge, after having stated to him the substance of the information laid against him.
2
The fixing or setting aside of a date, time and place for the trial of an information.
;
e
after paragraph 8 of the Schedule, there shall be inserted the following paragraph–
8A
1
The making or withdrawal of an application to the Secretary of State, pursuant to the Fines (Deductions from Income Support) Regulations 1992, for deductions to be made from an offender’s income support.
2
The doing of such other things as are required or permitted to be done by a magistrates' court under those Regulations.
;
f
for paragraph 11 of the Schedule, there shall be substituted the following paragraph–
11
The amending, in accordance with paragraph 12 of Schedule 2 to the Criminal Justice Act 1991, of a probation order or a community service order by substituting for the petty sessions area specified in the order the other area in which the offender proposes to reside or is residing.
; and
g
after paragraph 11 of the Schedule, there shall be inserted the following paragraph–
11A
The varying, in accordance with section 18(6) of the Criminal Justice Act 1982, of an attendance centre order by–
a
varying the day or hour specified in the order for the offender’s first attendance at the relevant attendance centre; or
b
substituting for the relevant attendance centre an attendance centre which the justices' clerk is satisfied is reasonably accessible to the offender, having regard to his age, the means of access available to him and any other circumstances.
.
The Magistrates' Courts Rules 1981
3
The Magistrates' Courts Rules 1981( ) shall be amended as follows–
a
in rule 12, at the end there shall be added the following paragraphs–
3
If, notwithstanding paragraph (1) above, it appears to the court at any stage in the trial of an information that the information charges more than one offence, the court shall call upon the prosecutor to elect on which offence he desires the court to proceed, whereupon the offence or offences on which the prosecutor does not wish to proceed shall be struck out of the information; and the court shall then proceed to try that information afresh.
4
If a prosecutor who is called upon to make an election under para graph (3) above fails to do so, the court shall dismiss the information.
5
Where, after an offence has or offences have been struck out of the information under paragraph (3) above, the accused requests an adjournment and it appears to the court that he has been unfairly prejudiced, it shall adjourn the trial.
;
b
after rule 13, there shall be inserted the following rule–
Procedure on information where accused is not legally represented
13A
1
The court shall explain to an accused who is not legally represented the substance of the charge in simple language.
2
If an accused who is not legally represented, instead of asking a witness in support of the charge questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the accused and may for this purpose question the accused in order to bring out or clear up any point arising out of such assertions.
;
c
in rule 57(1), the words after the words “a copy of the order” to the end shall be omitted;
d
in rule 66–
i
in paragraph (11), after the words “the entries shall be signed” there shall be inserted the words “or their accuracy certified”; and
ii
after paragraph (11), there shall be inserted the following paragraph–
11A
Any certificates made by virtue of paragraph (11) shall be kept with and as part of the register.
;
e
in rule 74(2), for the words “statement of the decision from which the appeal is brought” there shall be substituted the following words–
copy of the extract of the magistrates' court register relating to that decision
;
f
after rule 90, there shall be inserted the following rule–
Notes of argument in bail hearings
90A
Where the court hears full argument as to bail, the clerk of the court shall take a note of that argument.
;
g
after rule 95, there shall be inserted the following rule–
Warrant issued out of hours
95A
Where a warrant is issued by a justice of the peace for any petty sessions area at a time when the office of the clerk to the justices for that area is closed, the applicant for the warrant shall within 72 hours serve upon the clerk any information on which the warrant was issued.
;
h
paragraph (2) of rule 99 shall be omitted;
i
after rule 101, there shall be inserted the following rule–
Applications under section 34B(6) or (7) of the Road Traffic Offenders Act 1988
101A
1
An application to the supervising court under section 34B (6) or (7) of the Road Traffic Offenders Act 1988 shall be served on the clerk of that court within 28 days after the date specified in an order under section 34A(2) of that Act, where that date falls on or after 24th May 1993.
2
An application under section 34B(6) of that Act shall be accompanied by the notice under section 34B(5) of that Act.
3
On being served with such an application, the clerk of the court shall–
a
fix a date and time for the hearing of the application;
b
serve a copy of the application on the course organiser; and
c
serve notice of the hearing on the applicant and course organiser.
4
If the course organiser fails to appear or be represented at the hearing of the application without reasonable excuse, the court may proceed to decide the application in his absence.
5
In this rule, “course organiser” and “supervising court” have the meanings assigned to them in England and Wales by section 34C of the Road Traffic Offenders Act 1988.
; and
j
for paragraph (2) of rule 104, there shall be substituted the following paragraph–
2
The clerk of the court to which the complaint is made shall send a letter by post to the person for whose benefit the compensation order was made, inviting him to make observations and to attend any hearing of the complaint and advising him of his right to be heard.
.
The Magistrates' Courts (Forms) Rules 1981
4
The Magistrates' Courts (Forms) Rules 1981( ) shall be amended by the insertion, in the form numbered 59 after the words “[Crown Court at . . .]”, of the following words–
Offence:
Steps, if any, taken to recover the sum:
Further available information:
,
and by the omission of the footnote to that form.
Mackay of Clashfern,C.
27th April 1993


text:
Citation and commencement
1
This Order may be cited as the Lothian and Central Regions and West Lothian and Falkirk Districts (Mannerston/Cauldcoats Holdings and M9 Motorway) Boundaries Amend ment Order 1993, and shall come into force on 1st April 1993.
Interpretation
2
In this Order: —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regula tions 1977 ; and
“boundary map” means the map prepared by The Scottish Office marked “The Lothian and Central Regions and West Lothian and Falkirk Districts (Mannerston/Cauldcoats Holdings and M9 Motorway) Boundaries Amendment Order 1993” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a regional boundary is a reference to such a boundary as it exists immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area Changes
4
1
That part of West Lothian District in Lothian Region at Mannerston/Cauldcoats Holdings, being the Area A described in Part I of the Schedule to this Order and shown delineated, hatched and marked area “A” on the boundary map, shall be transferred to Falkirk District in Central Region.
2
Those parts of Falkirk District in Central Region at the M9 motorway being the Areas B and C described in Part II of the Schedule to this Order and shown delineated, hatched and marked respectively areas “B” and “C” on the boundary map, shall both be transferred to West Lothian District in Lothian Region.
Consequential Changes in Electoral Arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the Area A transferred by article 4(1) of this Order) —
a
shall cease to form part of electoral division 1 (Linlithgow) of Lothian Region and of ward 3 (Hopetoun) of West Lothian District ; and
b
shall form part of electoral division 25 (Carriden) of Central Region and of ward 18 (Bo'ness Grange) of Falkirk District .
2
Area B described in Part II of the Schedule to this Order (being the Area B transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 25 (Carriden) of Central Region and of ward 18 (Bo'ness Grange) of Falkirk District; and
b
shall form part of electoral division 1 (Linlithgow) of Lothian Region and of ward 3 (Hopetoun) of West Lothian District.
3
Area C described in Part II of the Schedule to this Order (being the Area C transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 25 (Carriden) of Central Region and of ward 18 (Bo'ness Grange) of Falkirk District; and
b
shall form part of electoral division 1 (Linlithgow) of Lothian Region and of ward 2 (St Michaels) of West Lothian District.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
9th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Priority Healthcare Wearside National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Priority Healthcare Wearside 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 Priority Healthcare Wearside 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 Cherry Knowle Hospital, Ryhope, Sunderland SR2 0NB and associated hospitals;
b
to manage community health services provided from Cherry Knowle Hospital, Ryhope, Sunderland SR2 0NB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Sunderland 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 Sunderland 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 Sunderland Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Period) (Woking Borough Council) Regulations 1993 and shall come into force on 30th August 1993.
Variation of period
2
1
This regulation applies to catering carried out at the Woking Leisure Centre, Woking Park, Kingfield Road, Woking, at any time during the period beginning on 30th August 1993 and ending on 28th July 1996.
2
Part II of Schedule 2 to the Local Government Act 1988 (Defined Activities) (Specified Period) (England) Regulations 1988 shall apply to work to which this regulation applies as if for the period of 4 years specified in column (2) there were substituted a period of 2 years 10 months and 4 weeks.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
16th February 1993


text:
Title and commencement
1
These Regulations may be cited as the Fish Health (Amendment) Regulations 1993, and shall come into force on 11th October 1993.
Amendment of the Fish Health Regulations 1992
2
1
The Fish Health Regulations 1992 shall be amended in accordance with the provisions of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “aquaculture products” there shall be inserted the following paragraph —
“Commission Decision 93/55/ EEC ” means Commission Decision of 21st December 1992 amending the guarantees for the introduction of molluscs into zones for which a programme for Bonamia ostreae and Marteilia refringens has been approved as amended by Commission Decision 93/169/EEC of 19th February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscs ;
;
b
for the definition of “Directive 91/67/EEC ” there shall be substituted —
“Directive 91/67/EEC ” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products as read with the decisions made under that Directive referred to in Schedule 7 Part I;
;
c
after the definition of “Form F” there shall be inserted the following paragraphs —
“Form G” means a movement document completed by the Official Service, certifying that the molluscs originate from an area where there has been no history of bonamiosis or marteiliosis in the previous two years confirmed by tests as provided for in Commission Decision 93/55/EEC ;
“Form H” means a movement document completed by the Official Service, certifying that the molluscs have been submitted at the place of despatch to a check ensuring that they do not contain species other than Crassostrea gigas as required by Commission Decision 93/55/EEC ;
“Form I” means a movement document completed by the Official Service, certifying that the site of origin complies with the conditions of Commission Decision 93/44/EEC of 21st December 1992 approving the programmes concerning spring viraemia of carp submitted by the United Kingdom, and defining the additional guarantees for certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernsey ;
;
d
for the definition of “movement document” there shall be substituted —
“movement document” means a document duly completed and —
in the case of Form A, Form B, Form C, Form D, Form E and Form F corresponding to the forms set out in Directive 91/67/EEC ;
in the case of Form G, Form H and Form I complying with theseRegulations;
.
3
In paragraph (2)(b) of regulation 3 (placing on the market of aquaculture animals and aquaculture products) the words “Directive 91/67/EEC ” shall be substituted for “Directive 91/67”.
4
After paragraph (2)(c) of regulation 6 (validity of movement documents) there shall be added —
d
it has been incorrectly issued by an Official Service.
5
In paragraph (5) of regulation 9 (introduction of live molluscs, eggs and gametes) the words “and not subsequently relaid elsewhere than another approved storage centre” shall be omitted.
6
For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
7
For Schedule 4 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
8
For Schedule 7 there shall be substituted the Schedule set out in Schedule 3 to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
15th September 1993.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
15th September 1993


text:
1
This Order may be cited as the Public Telecommunication System Designation (Ionica L3 Ltd) Order 1993 and shall come into force on 24th August 1993.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Trade and Industry
22nd July 1993


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be 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 North Yorkshire that the new trunk road is open for through traffic.
2
In this Order–
a
all measurements of distances are measured along the route of the relevant highway; and
b
“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 purposes 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;
c
“the deposited plan” means the plan numbered HA10/YHRO 33, marked “The A1041 Trunk Road (The Crescent to Brayton Road) (De-trunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, LondonSW1P 3PY;
d
“the new trunk road” means the highway to be constructed by the Secretary of State in pursuance of the A63 Trunk Road (Selby Bypass) Order 1993; ; and
e
“the Trunk Road” means the east of Snaith-Sunderland Trunk Road (A1041).
3
This Order shall come into force on 10th March 1993 and may be cited as the A1041 Trunk Road (The Crescent to Brayton Lane) De-trunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
11th February 1993


text:
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1993 and shall come into force on 6th July 1993.
2
The Non-Domestic Rating Contributions (England) Regulations 1992 (“the 1992 Regulations ”) shall be amended as follows —
a
in regulation 2(1) —
i
after the definition of “the Act”, there shall be inserted ““the 1993 Act ” means the Non-Domestic Rating Act 1993;”;
ii
in the definition of “provisional amount”, for “regulation 7” there shall be substituted “regulation 7 or 7A(5)”;
b
in regulation 6(1), at the beginning, there shall be inserted “Subject to regulation 7A,”;
c
after regulation 7, there shall be inserted the following regulation —
7A
1
For the financial year beginning on 1st April 1993 (“the current year”) —
a
regulation 7 applies as regards an authority where the conditions prescribed under regulation 6(2) are fulfilled; and
b
paragraph (5) below applies as regards an authority where the conditions prescribed under paragraph (2) below are fulfilled.
2
The prescribed conditions are —
a
that the authority has on a day in the current year calculated an amount, under paragraph (3) below, which is less than the provisional amount for the authority for that year;
b
that the authority has notified the Secretary of State of the amount so calculated and the day on which that amount was calculated;
c
that the Secretary of State believes that the amount so calculated is likely to have been calculated in accordance with paragraph (3) below and informs the authority of his belief; and
d
that the authority has not on or after 6th July 1993 made a calculation under regulation 6(3).
3
The amount calculated under this paragraph is the amount calculated under regulation 3 on the basis of the same information, read subject to the same assumptions, as that on the basis of which the calculation (or last recalculation) of the provisional amount was made, but taking account of the amendments made by section 1 of the 1993 Act and regulation 2(g) of the Non-Domestic Rating Contributions (England) (Amendment) Regulations 1993.
4
Where an authority’s provisional amount was calculated by the Secretary of State under paragraph 5(3) of Schedule 8 to the Act, he shall, unless he has already done so, inform the authority in writing, as soon as reasonably practicable after 6th July 1993, of the information on the basis of which he made the calculation and the assumptions subject to which that information was read.
5
Where this paragraph applies, the provisional amount for an authority for the current year is, for the purposes of paragraph 5 of Schedule 8 to the Act, to be treated as being that amount recalculated as regards the authority in accordance with paragraph (3) above.
;
d
in regulations 8(2)(b) and 9, after “regulation 7(2)” there shall be inserted “or, as the case may be, 7A(5)”;
e
after regulation 8, there shall be inserted the following regulation —
8A
1
Where regulation 7A(5) applies as regards an authority, 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 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 as regards the authority under regulation 7A(5);
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;
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.
4
For the purposes of this regulation and regulation 9A, “the adjustment day” shall be the day on which the Secretary of State informed the authority under regulation 7A(2)(c) of his belief relating to the amount calculated under regulation 7A(3).
;
f
after regulation 9, there shall be inserted the following —
9A
Where regulation 7A(5) applies as regards an authority, 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 as regards the authority under regulation 7A(5); and
F is the provisional amount having effect as regards the authority immediately before the adjustment day.
;
g
in Part I of Schedule 1, after paragraph 4 there shall be inserted the following paragraph —
4A
1
The amount calculated in accordance with the formula —
( G × H × I ) + ( G × J )
where —
G is the number of hereditaments in respect of which amounts payable under a demand notice served by the authority before 6th July 1993 fall to be adjusted under paragraph 7A or 7B of Schedule 1 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 or in accordance with an agreement made under regulation 7 of those Regulations in consequence of the amendments made by section 1 of the Non-Domestic Rating Act 1993;
H is the cost factor shown for the authority in Part II of this Schedule;
I is 0.72;
J is 0.18.
2
In sub-paragraph (1) above, “demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, including such a notice issued pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990.
;
h
in Schedule 3 —
i
in paragraph 2(3), for the words from the beginning to “replaced” there shall be substituted the words “The amounts described in paragraphs 4 and 4A of Schedule 1 to these Regulations shall each be replaced” and, in the definition of T, after “4” there shall be inserted “or 4A”;
ii
in paragraph 4(3), for the words “described in paragraph 4 of Schedule 1 shall be replaced” there shall be substituted the words “described in paragraphs 4 and 4A of Schedule 1 to these Regulations shall each be replaced” and, in the definition of W, after “4” there shall be inserted “or 4A”.
3
The amendments made by regulation 2(g) above shall have effect in relation to any calculation under paragraph 5 of Schedule 8 to the Act of an authority’s non-domestic rating contribution for the financial year beginning on 1st April 1993 made on or after the coming into force of these Regulations.
John Selwyn Gummer
Secretary of State for the Environment
14th June 1993


text:
Citation and commencement
1
This Order may be cited as the Plymouth Development Corporation (Area and Constitution) Order 1993 and shall come into force on 1st April 1993 or, if it has not been approved by resolution of each House of Parliament before that date, the day after the day on which it is so approved.
Interpretation
2
In this order “the maps” means the set of maps numbered 1 to 3 entitled “Maps referred to in the Plymouth Development Corporation (Area and Constitution) order 1993”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the city of Plymouth.
Designation of urban development area
3
The area comprising the three areas shown on the maps bounded externally by a black line and edged internally with a stippled band is hereby designated as an urban development area.
Establishment of the Plymouth Development Corporation
4
For the purposes of regenerating the designated area there is hereby established an urban development corporation named “The Plymouth Development Corporation” with eight members in addition to the chairman and deputy chairman.
Michael Howard
Secretary of State for the Environment
20th January 1993


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1993 and shall come into force on 16th July 1993.
2
1
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with the following provision of this regulation.
2
In paragraph (2) of regulation 15 (Applications for tests) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
in respect of a test to be conducted on a day other than a Saturday —
i
£55.50 if the application for the test is made before 16th July 1993, and
ii
£60 if the application is made on or after that date;
b
in respect of a test to be conducted on a Saturday —
i
£75 if the application for the test is made before 16th July 1993, and
ii
£77.50 if the application is made on or after that date.
.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
23rd June 1993
We approve the making of these Regulations
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thameside Community Health Care National Health Service Trust (Change of Name) Order 1993 and shall come into force on 5th February 1993.
2
In this Order unless the context otherwise requires–
“ the Order ” means the Thameside Community Health Care National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Thameside Community Healthcare National Health Service Trust instead of the Thameside Community Health Care National Health Service Trust and accordingly in article 1 of the Order in the definition of “the trust” and in article 2 of the Order for the words “Health Care” there shall be substituted the word “Healthcare”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
29th January 1993