text:
1
These Regulations may be cited as the Access for Community Air Carriers to Intra-Community Air Routes (Amendment and Other Provisions) Regulations 1993 and shall come into force on 1st January 1994.
2
The Access for Community Air Carriers to Intra-Community Air Routes Regulations 1992 shall be amended as follows:
a
In regulation 2(1), in the definition of “the Council Regulation”, after the word “routes” there shall be inserted the words “(as that Regulation has effect in accordance with Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation) ”;
b
In regulation 5(a) after the word “airports” there shall be inserted the words “situated in the territory of Svalbard or airports”.
3
At the end of paragraph (1) of article 88 of the Air Navigation Order 1989 there shall be inserted the words–
(as that Regulation has effect in accordance with Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation).
.
4
In section 3 of the Highlands and Islands Air Services (Scotland) Act 1980 for the definition of “air services” there shall be substituted the following definition–
“air services” means air transport services, other than international air services, operating–
in accordance with a licence granted under section 22 of the Civil Aviation Act 1971 or section 65 of the Civil Aviation Act 1982 or under the authority of an instrument made under section 21(2) of the said Act of 1971 or section 64(2) of the said Act of 1982, or
in exercise of traffic rights permitted by virtue of Council Regulation 2408/92 on access for Community air carriers to intra-Community air routes (as that Regulation has effect in accordance with Council Decision 93/453/EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation).
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
6th December 1993


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1993 and shall come into force on 1st October 1993.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments as to exhaust emissions
3
1
In Regulation 4 —
a
in paragraph (1A), for “not being of a description specified in column (4) of item 4G of Part I of Schedule 1” there shall be substituted “, other than a vehicle with fewer than 4 wheels or fuelled solely by liquid petroleum gas”;
b
in paragraph (3A), for “4E and 4F” there shall be substituted “4E, 4F and 4G”; and
c
in paragraph (11), for “4F and 27” there shall be substituted “4F, 4G and 27”.
2
In Part I of Schedule 1 —
a
in item 4G, in column (6), there shall be inserted “See regulation 4(11) and Schedule 1B.”;
b
for item 4H there shall be substituted the item set out in Schedule 1 to these Regulations; and
c
after item 4J there shall be inserted the item set out in Schedule 2 to these Regulations.
3
In Part I of Schedule 1B, in paragraph 2, after “4F,” there shall be inserted “4G,”.
4
In Part II of Schedule 1B, after the entry relating to item 4F in Part I of Schedule 1, there shall be inserted the following entry: —
4G All vehicles 1.7.92 1.7.92 30.9.93 30.9.94
.
Amendments as to rear view mirrors
4
In Part I of Schedule 1, after item 10B, there shall be inserted the item set out in Schedule 3 to these Regulations.
Amendments as to brakes
5
In Part I of Schedule 1 —
a
in item 13E, in column (6), in relation to ECE Regulation 13 as revised, amended and corrected up to 26th November 1984 and in relation to ECE Regulation 13 as revised, amended and corrected up to 29th July 1988, there shall be inserted “31.3.1994”; and
b
for items 13F and 13G there shall be substituted the items set out in Schedule 4 to these Regulations.
Amendments as to noise and silencers
6
In Part I of Schedule 1 —
a
for item 14E there shall be substituted the item set out in Schedule 5 to these Regulations; and
b
after item 14F there shall be inserted the item set out in Schedule 6 to these Regulations.
Amendments as to seats and anchorages
7
In Part I of Schedule 1, for item 16 there shall be substituted the item set out in Schedule 7 to these Regulations.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th September 1993


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1993, and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1994.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
13th July 1993


text:
This Order may be cited as the Dyfed-Powys Police (Amalgamation) (Amendment) (No. 2) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
17th May 1993


text:
Citation, commencement and effect
1
These Regulations may be cited as the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) (Amendment) Regulations 1993, shall come into force on 22nd December 1993 and shall have effect in relation to chargeable periods ending after 31st December 1993.
Interpretation
2
In these Regulations “the principal Regulations ” means the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) Regulations 1987 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
For paragraph (1) of regulation 2A there shall be substituted —
1
Subject to paragraphs (3A) to (3D) below, oil which forms part of a participator’s equity production from an oil field for a chargeable period shall be excluded from section 61 of the Finance Act 1987 if he has notified the Board in writing before the beginning of that chargeable period that he expects in that period to satisfy —
a
the conditions specified in paragraph (2) below, and
b
where any of the oil referred to in that paragraph is blended oil, those conditions and the further condition specified in paragraph (3) below.
2
In paragraph (2) of regulation 2A —
a
in sub-paragraph (c) for the words “from any of” where they first occur there shall be substituted the words “of the same kind as the oil which comprises his equity production from”;
b
sub-paragraph (d) and the word “; and” immediately preceding it shall be omitted.
3
In paragraph (3) of regulation 2A —
a
for the words “The further conditions specified in this paragraph are” there shall be substituted the words “The further condition specified in this paragraph is”; and
b
sub-paragraph (b) and the word “; and” immediately preceding it shall be omitted.
4
After paragraph (3) of regulation 2A there shall be inserted —
3A
A participator who has notified the Board in accordance with paragraph (1) above that he expects in a chargeable period to satisfy the conditions specified in paragraph (2) above, or those conditions and the further condition specified in paragraph (3) above, and has not failed to satisfy any of those conditions or that further condition in the chargeable period, may withdraw the notification by giving notice in writing to the Board at any time during the chargeable period before any such failure occurs.
3B
Where a participator gives notice to the Board in accordance with paragraph (3A) above —
a
no oil which forms part of his equity production from the field for the chargeable period, and for the proposed sale of which the transaction base date prescribed by regulation 7 is later than the date on which he gives notice to the Board in accordance with paragraph (3A) above, shall be excluded from section 61 of the Finance Act 1987;
b
the notification given in accordance with paragraph (1) above shall cease to have effect for subsequent chargeable periods;
c
he may not give a further notification in accordance with that paragraph until after the beginning of the next but one chargeable period following that in which he gives notice to the Board in accordance with paragraph (3A) above.
3C
The circumstances described in this paragraph are where a participator, who has notified the Board in accordance with paragraph (1) above that he expects in a chargeable period to satisfy the conditions specified in paragraph (2) above, or those conditions and the further condition specified in paragraph (3) above —
a
fails to satisfy any of those conditions or that further condition in the period, and
b
has not given notice to the Board in accordance with paragraph (3A) above before that failure occurs.
3D
In the circumstances described in paragraph (3C) above —
a
no oil which forms part of the participator’s equity production from the field for the chargeable period shall be excluded from section 61 of the Finance Act 1987;
b
the notification given in accordance with paragraph (1) above shall cease to have effect for subsequent chargeable periods;
c
the participator may not give a further notification in accordance with that paragraph until after the beginning of the next but one chargeable period following that in which the failure occurs.
4
In paragraph (2)(a) of regulation 3 after the word “by” there shall be inserted the words “, or on behalf of,”.
L. J. H. Beighton,
C. W. Corlett
Two of the Commissioners of Inland Revenue
30th November 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (North Peak) Designation Order 1993 and shall come into force on 27th March 1993.
Interpretation
2
1
In this Order
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“eroded heather moorland” means moorland where more than 25% of the area of land subject to an agreement is bare ground as a result of reduced heather growth;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“grazeable moorland” includes moorland areas other than areas which are cotton grass (Eriophorum vaginatum), bare ground, rock or scree with less than 10 per cent vegetation cover;
“heather” means common heather (Calluna vulgaris), and includes common heather growing in association with other ericaceous dwarf shrub species;
“inbye land” means enclosed land used for the production of grass or crops;
“livestock unit” means —
1 bovine animal more than two years old; or
1.66 bovine animals from six months old to two years old inclusive; or
6.66 sheep;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of an agreement, the farmer obtains approval for a grant either in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 or in relation to the conservation and enhancement of a National Park under section 39 or 44 of the Wildlife and Countryside Act 1981 ;
“meadowland” means grassland primarily used for the production of hay or silage;
“moorland” means land covered by semi-natural upland vegetation which is generally unenclosed except along ownership boundaries;
“suppressed heather moorland” means moorland where less than 25% of the area of land subject to an agreement comprises heather;
“unimproved grassland” means grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with fertiliser, lime, slag, herbicides or pesticides;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the North Peak in the Counties of Greater Manchester, Derbyshire, South Yorkshire and West Yorkshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the North Peak environmentally sensitive area” dated 3rd March 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4 the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a civil debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates at the following rates —
a
£10 per annum for each hectare of land other than unimproved grassland and enclosed rough grazing, or moorland;
b
£30 per annum for each hectare of unimproved grassland and enclosed rough grazing;
c
£25 per annum for each hectare of moorland,
and, in relation to the provisions of Schedule 1 paragraph 4 (non-stockproof walls), the Minister shall make payments at the rate of £6 per annum for each hectare of inbye land which is included in the agreement.
2
Where an agreement includes the additional provisions specified in the options in Schedule 2 or in Schedule 3 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table —
£ per hectare of land per annum
Schedule 2 — Exclosure Option 80 — Extensification Option 40 Schedule 3 25
3
Where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4000 per agreement.
Revocation and saving
7
The Environmentally Sensitive Areas (North Peak) Designation Order 1987 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 28th February 1993.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd March 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
We consent
sTim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Payment of Interest) (Amendment) Regulations 1993 and shall come into force on 6th July 1993.
Amendment of Regulations
2
Regulation 3(2A) of the Non-Domestic Rating (Payment of Interest) Regulations 1990 is amended by the insertion after the words “in consequence of the Non-Domestic Rating Act 1992” of the words “or, as the case may be, the Non-Domestic Rating Act 1993.”.
John Selwyn Gummer
Secretary of State for the Environment
10th June 1993
John Redwood
Secretary of State for Wales
14th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Health Care Service (North Derbyshire) 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 Community Health Care Service (North Derbyshire) 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 Community Health Care Service (North Derbyshire) 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 The Shrubberies, 46 Newbold Road, Chesterfield, Derbyshire S41 7PL and associated hospitals;
b
to manage community health services provided from The Shrubberies, 46 Newbold Road, Chesterfield, Derbyshire S41 7PL 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 North Derbyshire 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 North Derbyshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Derbyshire 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, commencement and interpretation
1
1
This Order may be cited as the Royal National Hospital for Rheumatic Diseases National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th October 1993.
2
In this Order: —
“the Authority” means Bath Health Authority;
“the Trust” means the Royal National Hospital for Rheumatic Diseases National Health Service trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th October 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parlimentary Under Secretary of State,
Department of Health
16th September 1993


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Standard Provisions for Licences and Certificates) Amendment (No. 2) Regulations 1993, and shall come into force on29th November 1993.
Amendment of Schedule 1 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971
2
1
Part I of Schedule 1 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 (standard provisions for product licences including product licences of right) shall be amended in accordance with the following paragraphs of this regulation.
2
After paragraph 1 there shall be inserted the following paragraphs —
1A
Where the licence relates to a medicinal product for human use, the licence holder shall not recommend the use of the medicinal product to which the licence relates for any indication other than the indications specified in the licence.
1B
Where the licence relates to a medicinal product for human use, the licence holder may sell or supply the medicinal product to which the licence relates only in the same strength and pharmaceutical form, and to the same specification in terms of active constituents and of the finished product, as specified in the licence.
1C
Where the licence relates to a medicinal product for human use, the licence holder may sell or supply the medicinal product to which the licence relates only where that product has been manufactured by the manufacturers specified, at the sites of manufacture specified, and by the method specified, in the licence.
.
3
At the beginning of paragraphs 2(1) and (2) and 3, there shall be inserted the words “Where the licence relates to a medicinal product which is not for human use,”.
4
After paragraph 14 there shall be inserted the following paragraphs —
15
Where the licence relates to a medicinal product for human use, the holder of that licence shall, in relation to that medicinal product, in order that the licensing authority may monitor the continuing assessment of the benefits and risks of that product —
a
provide the licensing authority forthwith with any new information not in his original application, and
b
inform the licensing authority forthwith of any change to the information contained in any documents, samples and other material submitted with his application for grant of the licence.
16
In relation to a medicinal product for human use which the licensing authority have specified, on granting the licence, to be one to which Part 4G of the Annex to Council Directive 75/318/ EEC as amended applies, and for which the licensing authority have accordingly identified a programme of studies for, and have specified a period for, the purposes of this provision, —
a
the licence holder shall, within that period, carry out and complete that programme and provide the licensing authority with details of the results of that programme, and
b
any leaflet, data sheet or other medical information relating to that product shall draw the attention of persons qualified to prescribe or supply that product to the fact that the particulars available concerning the product are as yet inadequate in certain specified respects.
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th October 1993
John Redwood
Secretary of State for Wales
19th October 1993
Fraser of Carmyllie
Minister of State, Scottish Office
15th October 1993
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 21st October 1993.
F A Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th October 1993.
W J Hodges
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mersey Regional Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 26th February 1993.
2
In this Order —
“the Authority” means Chester Health Authority;
“the Trust” means the Mersey Regional Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 29th October 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 26th February 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
29th January 1993


text:
Citation and commencement
1
1
This Order may be cited as the Essex, Greater London and Hertfordshire (County and London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order–
“Barnet” means the London borough of Barnet;
“district” includes a London borough;
“electoral division” means an electoral division of the county to which an area is transferred by this Order ;
“Enfield” means the London borough of Enfield;
“Essex” means the county of Essex, and any reference to Epping Forest is a reference to the Essex district of that name;
“Hertfordshire” means the county of Hertfordshire, and any reference to Broxbourne, to Hertsmere or to Welwyn Hatfield is a reference to the Hertfordshire district of that name;
“the map” means one or more of the 11 maps prepared by the Department of the Environment, marked “Maps of the Essex, Greater London and Hertfordshire (County and London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district to which an area is transferred , except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers from Greater London (Enfield) to Hertfordshire
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Greater London, from Enfield and from the ward named in column 3 to–
a
Hertfordshire;
b
Broxbourne;
c
the ward and electoral division named in column 4; and to
d
the Cheshunt petty sessional division, and the Hertford coroner’s district–
and shall remain unparished.
Table
1. 2. 3. 4. Area marked — On map — Transferred from Greater London, from Enfield and from the following ward — To Hertfordshire, and to —
F & G 9 Bullsmoor Waltham Cross South ward B 10 Waltham Cross electoral division E & G 10 Enfield Lock Waltham Cross South ward K 11 Waltham Cross electoral division A & C 9 Worcesters
Bury Green ward
Cheshunt Central electoral division
2
The unparished area which is marked A on map 8 shall be transferred from Greater London, from Enfield and from the Chase ward to–
a
Hertfordshire;
b
Welwyn Hatfield;
c
the parish of Northaw and Cuffley, and the Northaw and Cuffley parish ward;
d
the Northaw ward and North Mymms electoral division; and to
e
the Cheshunt petty sessional division and the Hertford coroner’s district.
Transfers from Hertfordshire to Greater London (Enfield)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Hertfordshire, from Broxbourne, and from the ward named in column 3 to–
a
Greater London;
b
Enfield;
c
the ward named in column 4; and to
d
the Enfield petty sessional area and the Northern London coroner’s district–
and shall remain unparished.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Hertfordshire, from Broxbourne, and from the following ward– To Greater London, to Enfield, and to the following ward–
E 8 Bury Green Worcesters B & D 9 C 8 Goffs Oak Chase D 8 Goffs Oak Worcesters E 9 Waltham Cross Bullsmoor A & C 10 South D & F 10 Waltham Cross Enfield Lock H 10 & 11 South
2
The area which is marked A on map 7 shall be transferred from Hertfordshire, from Hertsmere and from the Potters Bar South ward to Greater London, to Enfield, to the Trent ward, to the Enfield petty sessional area, and to the Northern London coroner’s district, remaining unparished.
3
The area which is marked B on map 8 shall be transferred from Hertfordshire, from Welwyn Hatfield, and from the parish of Northaw and Cuffley to Greater London, to Enfield, to the Chase ward, and to the Enfield petty sessional area and the Northern London coroner’s district, becoming unparished.
Transfers between Essex (Epping Forest) and Greater London (Enfield)
5
1
The area which is marked M on map 11 shall be transferred from Essex, from Epping Forest, and from the parish of Waltham Abbey to–
a
Greater London;
b
Enfield;
c
the Enfield Lock ward; and to
d
the Enfield petty sessional area and the Northern London coroner’s district–
and shall become unparished.
2
The unparished area which is marked L on map 11 shall be transferred from Greater London, from Enfield, and from the Enfield Lock ward to–
a
Essex;
b
Epping Forest;
c
the parish of Waltham Abbey, and the West parish ward;
d
the Waltham Abbey West ward and the Waltham Abbey electoral division; and to
e
the Epping and Ongar petty sessional division and the Essex No. 1 coroner’s district.
Transfers within Greater London between Barnet and Enfield
6
1
Each area which is marked as shown in column 1 of the following Table on the Map indicated in column 2 shall be transferred from Barnet, and from the ward named in column 3 to Enfield, to the ward named in column 4, and to the Enfield petty sessional area.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Barnet, and from the following ward– To Enfield, and to the following ward–
C & D 1 Brunswick Park Arnos A & B 4 Brunswick Park Oakwood A 5 F 1 Brunswick Park Southgate Green A 2 C 3 & 4 G & H 5 East Barnet Trent A & C 6 A 1 Woodhouse Arnos
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Enfield, and from the ward named in column 3 to Barnet, to the ward mentioned in column 4, and to the Barnet petty sessional area.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Enfield, and from the following ward– To Barnet, and to the following ward–
B 1 Arnos Brunswick Park B 5 Oakwood Brunswick Park C & D 5 Oakwood East Barnet E & G 1 Southgate Green Brunswick Park B 2 D 3 E & F 5 Trent East Barnet B 6
Town and country planning
7
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
26th February 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Public Path Orders Regulations 1993 and shall come into force on 31st January.
2
In these Regulations, unless the context otherwise requires, —
“ the Act ” means the Highways Act 1980;
“acquisition extinguishment order” means an order made under section 32 of the Acquisition of Land Act 1981 (power to extinguish certain public rights of way);
“authority” means the authority responsible for making the order;
“order” means a public path creation order, a public path diversion order, a public path extinguishment order or an acquisition extinguishment order, and includes an order revoking or varying any such order ;
“public path creation order” means an order made under section 26 of the Act (compulsory powers for creation of footpaths and bridleways);
“public path diversion order” means an order made under section 119 of the Act (diversion of footpaths and bridleways);
“public path extinguishment order” means an order made under section 118 of the Act (stopping up of footpaths and bridleways);
“rail crossing diversion order” means an order made under section 119A of the Act (diversion of footpaths and bridleways crossing railways); and
“rail crossing extinguishment order” means an order made under section 118A of the Act (stopping up of footpaths and bridleways crossing railways).
Forms of order
2
1
An order shall be in the appropriate form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, as follows —
a
the form of order for a public path creation order shall be Form 1;
b
the form of order for a public path diversion order shall be Form 2;
c
the form of order for a public path extinguishment order shall be Form 3;
d
the form of order for an acquisition extinguishment order shall be Form 4.
2
An order shall at the end be sealed and dated and if an acquisition extinguishment order shall contain a map .
3
The map required to be contained in an order shall be on a scale of not less than 1:2500 or, if no such map is available, on the largest scale readily available.
Notices of order
3
1
Any notice required to be given under Schedule 6 to the Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths and bridleways) by an authority shall be in the appropriate form set out in Schedule 2 to these Regulations, or in a form substantially to the like effect, as follows —
a
the form of notice of making an order (other than an acquisition extinguishment order) shall be Form 1;
b
the form of notice of making an acquisition extinguishment order shall be Form 2;
c
the form of notice of confirmation of a public path order (other than an acquisition extinguishment order) shall be Form 3;
d
the form of notice of confirmation of an acquisition extinguishment order shall be Form 4.
2
The persons on whom notice is required to be served under paragraphs 1(3)(b) and 4(1)(a) of Schedule 6 to the Act shall in relation to the areas specified in column 1 of Schedule 3 to these Regulations include the persons specified in column 2 of that Schedule.
3
Where any notice to be served on an owner, lessee or occupier in accordance with paragraph 1(3)(b) or 4(1)(a) of Schedule 6 to the Act is sent under cover otherwise than in a prepaid registered letter or by recorded delivery service, the cover shall have clearly on it in writing the words: “IMPORTANT-THIS COMMUNICATION AFFECTS YOUR PROPERTY”.
Procedure for orders
4
1
An order shall be made in duplicate and, where the order is submitted to the Secretary of State for confirmation, the order and duplicate shall be sent to him accompanied by:
a
two copies of the order,
b
a copy of the notice given before submission as required by Schedule 6 to the Act,
c
a statement of the grounds on which the authority consider that the order should be confirmed,
d
any representations or objections duly made with respect to the order and not withdrawn, together with any observations on them of the authority, and
e
in any case in which the authority is required to obtain the consent of, or to consult with, any other authority or body before the order is made, a certificate by the authority that such consent has been obtained or such consultation has taken place together with a statement of the nature and effect of such consultation.
2
Any proceedings preliminary to the confirmation of a public path extinguishment order or a rail crossing extinguishment order may be taken concurrently with any proceedings preliminary to the confirmation of a public path creation order, a public path diversion order or a rail crossing diversion order .
3
After a decision not to confirm an order, the authority shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.
4
After an order has been confirmed by the Secretary of State, the authority shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, so certify in writing to the Secretary of State.
5
After an order has been confirmed, the authority shall send a copy of it as confirmed to the Ordnance Survey.
Claims for compensation as respects orders
5
1
A claim made in accordance with section 28 of the Act (compensation for loss caused by public path creation order), or with that section as it applies by virtue of section 121 of the Act (supplementary provisions as to public path extinguishment and diversion orders), shall be made in writing and shall be served on the authority, or in the case of an order made by the Secretary of State, on the authority nominated by the Secretary of State as provided by section 28(3) of the Act, by delivering it at, or sending it by prepaid post to, the office of the authority, addressed to the Chief Executive.
2
The time within which any such claim shall be made shall be six months from the coming into force of the order in respect of which the claim is made.
Revocation
6
The Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983 are hereby revoked.
Michael Howard
Secretary of State for the Environment
7th January 1993
David Hunt
Secretary of State for Wales
6th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dorset Healthcare National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order:
“the Authority” means East Dorset Health Authority;
“the Trust” means the Dorset Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st January 1993 which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 22nd March 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville,
Parliamentary Under Secretary of State,
Department of Health
22nd February 1993


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1993 and shall come into force on 1st January 1994.
2
The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of the Act (recording by educational establishments of broadcasts or cable programmes).
3
The certification under article 2 above shall for the purposes of section 35 of the Act come into operation on 1st January 1994.
4
The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1990 is hereby revoked.
Patrick McLoughlin
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
4th November 1993.


text:
Citation and commencement
1
1
These Regulations may be cited as the Valuation and Community Charge Tribunals (Amendment) Regulations 1993.
2
These Regulations shall come into force–
a
for the purposes of regulations 6, 7, 8(b) and so much of regulation 3 as relates to those regulations, on 1st April 1993;
b
for all other purposes, on the day 21 days after these Regulations are laid before Parliament.
Interpretation
2
1
In these Regulations “the principal Regulations ” means the Valuation and Community Charge Tribunals Regulations 1989 ; and expressions used in these Regulations which are also used in the principal Regulations have the same meaning as in those Regulations.
2
Unless the context otherwise requires, any reference in the following provisions of these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in the principal Regulations.
Amendment of the principal Regulations
3
The principal Regulations are amended in accordance with the following provisions of these Regulations.
Definitions
4
In regulation 2(1), in the definition of “tribunal”, there are substituted for the words “regulation 15” the words “regulations 15 and 34”.
Establishment of tribunals
5
In regulation 3 (in consequence of section 15 (valuation tribunals) of the Local Government Finance Act 1992) for the words “Valuation and Community Charge Tribunal” there are substituted the words “Valuation Tribunal”.
Appointment of members
6
In paragraphs (2) and (3) of regulation 5 for the words “charging authority” there are substituted the words “billing authority” .
Allowances
7
For regulation 10 there is substituted the following–
10
Members shall be entitled to such travelling, subsistence and other allowances as the Secretary of State may, with the approval of the Treasury, from time to time determine.
.
Administration
8
In regulation 12–
a
in paragraph (2) for the words “under paragraph (1)” there are substituted the words “under these Regulations”; and
b
in paragraph (4) for the words “under Schedule 2” there are substituted the words “under regulation 10”.
Interpretation of Part IV
9
In regulation 15, for the words “these Regulations” there are substituted the words “this Part”.
Jurisdiction
10
In paragraph (3) of regulation 16, after the word “member” there are inserted the words “or employee”.
Time limits
11
In paragraph (1) of regulation 17, for the words “these Regulations” there are substituted the words “this Part”.
Initiating an appeal
12
In regulation 18(2), after the words “The clerk shall” there are inserted the words “, within 14 days of service of the notice of appeal,”.
Arrangements for appeals
13
In paragraph (1) of regulation 19, for the words “these Regulations” there are substituted the words “this Part”.
Withdrawal
14
At the end of regulation 20 there is added the following paragraph–
2
The clerk shall notify the appellant when he has received the notice of withdrawal, and shall serve a copy of the notice on all the other parties to the appeal.
.
Notice of hearing
15
1
In regulation 22(1), for the words “21 days” there are substituted the words “four weeks”.
2
For paragraph (2) of regulation 22 there is substituted the following–
2
The clerk shall advertise the date, time and place appointed for any hearing by causing a notice giving such information to be conspicuously displayed–
a
at the tribunal’s office,
b
outside an office of the charging authority appointed by the authority for that purpose, or
c
in another place within that authority’s area.
.
3
After paragraph (4) of regulation 22 there is inserted–
5
Where the hearing of an appeal has been postponed, the clerk shall take such steps as are reasonably practicable in the time available–
a
to notify the parties of the postponement; and
b
to advertise the postponement.
.
Disqualification from participating
16
In regulation 23(1), after the word “participating” there are inserted the words “as a member”.
Conduct of the hearing
17
In regulation 25(6)–
a
the words “postponed or” are omitted;
b
for the word “fit.” there are substituted the words “fit; and reasonable notice of the time and place to which the hearing has been adjourned shall be given to every party.”.
Decisions on appeals
18
For regulation 28 there is substituted the following–
Decisions on appeals
28
1
An appeal may be decided by a majority of the members participating; and where (pursuant to regulation 25(2)) it falls to be disposed of by two members and they are unable to agree, it shall be remitted by the clerk to be decided by a tribunal consisting of three different members.
2
Where an appeal is disposed of on the basis of a hearing, the decision may be reserved or given orally at the end of the hearing.
3
Subject to paragraph (4), as soon as is reasonably practicable after a decision has been made, it shall–
a
in the case of a decision given orally, be confirmed,
b
in any other case, be communicated,
by notice in writing to the parties; and the notice shall be accompanied by a statement of the reasons for the decision.
4
Nothing in paragraph (3) shall require notice to be given to a party if it would be repetitive of any document supplied to him in accordance with regulation 30.
.
Records of decisions
19
For regulation 30 there is substituted the following–
Records of decisions
30
1
It shall be the duty of the clerk to make arrangements for each decision, each order made under regulation 29 and the effect of each certificate and revocation under regulation 31 to be recorded.
2
Records may be kept in any form, whether documentary or otherwise, and shall contain the particulars specified in Schedule 3 hereto.
3
A copy, in documentary form, of the relevant entry in the record shall, as soon as reasonably practicable after the entry has been made, be sent to each party to the appeal to which the entry relates.
4
Each record shall be retained for the period of six years beginning on the day on which an entry was last made in it.
5
Any person may, at a reasonable time stated by or on behalf of the tribunal concerned and without making payment, inspect records which are required to be made by paragraph (1).
6
If without reasonable excuse a person having custody of the records intentionally obstructs a person in exercising the right conferred by paragraph (5) he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
7
The member who presided at the hearing or determination of an appeal may authorise the correction of any clerical error in the record; and a copy of the corrected entry shall be sent to the persons to whom a copy of the original entry was sent.
8
The production in any proceedings in any court of law of a document purporting to be certified by the clerk to be a true copy of a record of that tribunal shall, unless the contrary is proved, be sufficient evidence of the document and of the facts it records.
.
Review of decisions
20
For regulation 31 there is substituted the following–
Review of decisions
31
1
Subject to paragraph (2), a tribunal constituted as provided in paragraph (3) shall have power on written application by a party to review or set aside by certificate under the hand of the presiding member any decision on the grounds that–
a
the decision was wrongly made as a result of clerical error;
b
a party did not appear and can show reasonable cause why he did not do so;
c
new evidence, the existence of which could not have been ascertained by reasonably diligent inquiry or could not have been foreseen, has become available since the conclusion of the proceedings to which the decision relates;
d
the decision is affected by a decision of, or on appeal from, the High Court or the Lands Tribunal in relation to an appeal in respect of the property which, or, as the case may be, the person who, was the subject of the tribunal’s decision;
e
the interests of justice otherwise require such a review.
2
Paragraph (1) does not apply where an appeal against the decision in question has been determined by the High Court.
3
So far as is reasonably practicable, the tribunal appointed to review a decision shall consist of the same members as constituted the tribunal which took the decision.
4
If a tribunal sets aside a decision in pursuance of this regulation, it shall revoke any order made in consequence of that decision and shall order a rehearing or redetermination before either the same or a different tribunal.
5
The clerk shall as soon as reasonably practicable notify the parties to the appeal in writing of–
a
the issue of any certificate under paragraph (1); and
b
the revocation of any order under paragraph (4).
6
Where in relation to a decision in respect of which an application under paragraph (1) is made, an appeal to the High Court remains undetermined on the relevant day, the clerk shall notify the High Court as soon as reasonably practicable after the occurrence of the relevant event.
7
In paragraph (6)–
“the relevant day” means the day on which, as the case may be,–
the application under paragraph (1) is made;
it is determined that the tribunal will not undertake a review under that paragraph; or
the event referred to in sub-paragraph (a) or (b) of paragraph (5) occurs; and
“the relevant event”, in relation to a relevant day, means the event occurring on that day.
Arbitration
21
In paragraph (3) of regulation 33, there are substituted for the words “these Regulations” the words “this Part”.
Council tax Appeals
22
After regulation 33 (arbitration) there is inserted the following–
PART V
COUNCIL TAX APPEALS
Interpretation of Part V
34
1
In this Part–
“the 1992 Act ” means the Local Government Finance Act 1992;
“appeal”, unless the context otherwise requires, means an appeal under–
section 16 (appeals: general) of the 1992 Act;
paragraph 3(1) of Schedule 3 (penalties) to the 1992 Act; or
paragraph 4 of Schedule 4A to the Act as it applies for the purposes of Part I of the 1992 Act (in this Part called an “appeal against a completion notice”);
“completion notice” means a notice under Schedule 4A to the Act as it applies for the purposes of Part I of the 1992 Act (Council tax: England and Wales);
“list” means a valuation list compiled under section 22 of the 1992 Act;
“listing officer”, in relation to an appeal, means the officer appointed under section 20 of the 1992 Act for the authority in whose area the dwelling to which the appeal relates is situated;
“notice of appeal” means a notice under regulation 37(1);
“penalty” means a penalty imposed under paragraph 1 of Schedule 3 to the 1992 Act;
“tribunal”, unless the context otherwise requires, means the members of a tribunal convened in accordance with this Part for the purposes of disposing of an appeal.
2
Any reference in the following provisions of this Part–
a
to a party to an appeal, includes the appellant and any person entitled in pursuance of this Part to be served with a copy of the appellant’s notice of appeal; and
b
to a numbered section or Schedule is, unless the context otherwise requires, a reference to the section or Schedule so numbered in the 1992 Act.
Jurisdiction
35
1
Subject to paragraphs (2) and (3)–
a
an appeal other than an appeal against the imposition of a penalty shall be dealt with by the tribunal established for the area in which is situated the dwelling to which the appeal relates;
b
an appeal against the imposition of a penalty shall be dealt with by the tribunal whose area of jurisdiction includes the area of the billing authority concerned.
2
Where–
a
more than one billing authority has decided that a person is liable to pay council tax for the same day because he is a resident in relation to a dwelling, and
b
the person appeals under section 16(1) against both or all of the decisions, and
c
but for this paragraph, the appeals would fall to be dealt with by different tribunals,
the appeals shall be dealt with, subject to paragraph (3), by such one of those tribunals as he may, by notice in writing given to the clerks of those different tribunals, elect.
3
Where the appellant is an employee or member of the valuation tribunal which, but for this paragraph, would deal with his appeal, that tribunal shall not deal with it; but it shall be dealt with by such other tribunal as may be appointed for the purpose by the Secretary of State.
Time limits
36
1
An appeal by a person in relation to whom the condition mentioned in section 16(7)(a) or (b) is fulfilled shall be dismissed unless it is initiated in accordance with this Part not later than the expiry of two months beginning with the date of service of the billing authority’s notice under that section.
2
Where the condition mentioned in section 16(7)(c) is fulfilled, an appeal by the aggrieved person shall be dismissed unless it is initiated within four months of the date of service of his notice under section 16(4).
3
An appeal under paragraph 3 of Schedule 3 to the 1992 Act shall be dismissed unless it is initiated not later than the expiry of two months beginning with–
a
the date of service of written notice of the imposition of the penalty; or
b
the day on which these Regulations come into force,
whichever shall be the later.
4
An appeal against a completion notice shall be dismissed unless it is initiated not later than the expiry of four weeks beginning with–
a
the date of service of the notice; or
b
the day on which these Regulations come into force,
whichever shall be the later.
5
Notwithstanding paragraphs (1) to (4), the president may authorise an appeal to be entertained where he is satisfied that the failure of the person aggrieved to initiate the appeal as provided by this regulation has arisen by reason of circumstances beyond that person’s control.
Initiating an appeal
37
1
An appeal shall be initiated by serving on the clerk of the tribunal having jurisdiction in relation to the appeal a notice in writing (a “notice of appeal”).
2
Where the appeal is made under section 16, the notice of appeal shall contain the following information–
a
the grounds on which the appeal is made,
b
the date on which the notice under section 16(4) was served on the billing authority, and
c
the date, if any, on which he was notified by the authority as mentioned in section 16(7)(a) or (b).
3
Where the appeal is an appeal against a completion notice, the notice of appeal shall be accompanied by–
a
a copy of the completion notice, and
b
a statement of the grounds on which the appeal is made.
4
Where the appeal is against the imposition of a penalty, the notice of appeal shall contain the following information–
a
the grounds on which the appeal is made, and
b
the date of service of written notice of the imposition of a penalty.
5
The clerk shall, within two weeks of service of the notice of appeal, notify the appellant that he has received it, and shall serve a copy of it on the billing authority whose decision, action or notice is the subject of the appeal, and any other billing authority appearing to him to be concerned.
Arrangement for appeals
38
1
It shall be the duty of the president to secure that arrangements are made for appeals to be determined in accordance with the following provisions of this Part.
2
This paragraph applies where an appeal under this Part and an appeal under one or more of the following–
a
Part IV of these Regulations;
b
regulation 12 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 ;
c
regulation 12 of the Council Tax (Alteration of Lists and Appeals) Regulations 1993
relate to the same property.
3
Where paragraph (2) applies–
a
the president shall secure that the appeals are dealt with in such order as appears to him best designed to secure the interests of justice;
b
the valuation officer, the listing officer or the community charges registration officer (as the case may be) shall be joined as a party to the appeal under this Part;
c
the billing authority shall be joined as a party to the appeal under Part IV of these Regulations, regulation 12 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 or regulation 12 of the Council Tax (Alteration of Lists and Appeals) Regulations 1993 (as the case may be).
4
In paragraph (3), “valuation officer” and “community charges registration officer” mean the officer appointed under section 61(1)(a) of the Act or under section 26 of the Act, as the case may be, for the authority in whose area the property concerned is situated.
5
The clerk shall as soon as is reasonably practicable serve a copy of the notice of appeal on a person who has been made a party in accordance with paragraph (3).
Withdrawal
39
1
An appeal may be withdrawn by notice in writing given to clerk before the commencement of a hearing or of consideration of written representations.
2
The clerk shall notify the appellant when he has received the notice of withdrawal, and shall serve a copy of the notice on all the other parties to the appeal.
Disposal by written representations
40
1
An appeal may be disposed of on the basis of written representations if all the parties have given their agreement in writing.
2
Where all the parties have given the agreement mentioned in paragraph (1), the clerk shall serve notice on the parties accordingly; and, within four weeks of the service of such a notice on him, each party may serve on the clerk a notice stating–
a
his reasons or further reasons for the disagreement giving rise to the appeal; or
b
that he does not intend to make further representations.
3
A copy of any notice served in pursuance of paragraph (2) shall be served by the clerk on the other party or parties to the appeal, and shall be accompanied by a statement of the effect of paragraphs (4) and (5).
4
Any party on whom a notice is served under paragraph (3) may, within four weeks of that service, serve on the clerk a further notice stating his reply to the other party’s statement, or that he does not intend to make further representations, as the case may be; and the clerk shall serve a copy of any such further notice on the other party or parties.
5
After the expiry of four weeks beginning with the expiry of the period of four weeks mentioned in paragraph (4) the clerk shall submit copies of–
a
any information transmitted to him under these Regulations, and
b
any notice under paragraph (2) or (4),
to a tribunal constituted as provided in regulation 44.
6
The tribunal to which an appeal is referred as provided in paragraph (5) may if it thinks fit–
a
require any party to furnish in writing further particulars of the grounds relied on and of any relevant facts or contentions; or
b
order that the appeal be disposed of on the basis of a hearing.
7
Where a tribunal requires any party to furnish any particulars under paragraph (6)(a), the clerk shall serve a copy of such particulars on every other party, and each such party may within four weeks of such service serve on the clerk any further statement he wishes to make in response.
Notice of hearing
41
1
Where the appeal is to be disposed of on the basis of a hearing, the clerk shall, not less than 4 weeks before the date in question, serve on the parties notice of the date, time and place appointed for the hearing.
2
The clerk shall advertise the date, time and place appointed for any hearing by causing a notice giving such information to be conspicuously displayed–
a
at the tribunal’s office,
b
outside an office of the billing authority appointed by the authority for that purpose, or
c
in another place within that authority’s area.
3
The notice required by paragraph (2) shall name a place where a list of the appeals to be heard may be inspected.
4
Where the hearing of an appeal has been postponed, the clerk shall take such steps as are reasonably practicable in the time available–
a
to notify the parties of the postponement; and
b
to advertise the postponement. Disqualification from participating
Disqualification from participating
42
1
A person shall be disqualified from participating as a member in the hearing or determination of, or acting as clerk or officer of a tribunal in relation to, an appeal if he is a member of the relevant billing authority.
2
In this regulation “relevant billing authority” means–
a
in the case of an appeal against a completion notice, the billing authority in whose area is situated the dwelling which is the subject matter of the appeal; and
b
in any other case, the billing authority whose decision is being appealed against.
3
A person shall be disqualified from participating as a member in the hearing or determination of, or acting as clerk or officer of a tribunal in relation to, an appeal if the appellant is his spouse or he supports the appellant financially or is liable to do so.
4
A person shall not otherwise be disqualified from acting in any capacity in relation to an appeal by reason only of the fact that he is a member of an authority which derives revenue directly or indirectly from payments in respect of council tax which may be affected by the exercise of his functions.
Representation at the hearing
43
Any party to an appeal which is to be decided at a hearing may appear in person (with assistance from any person if he wishes), by counsel or solicitor, or any other representative (other than a person who is a member or an employee of the tribunal).
Conduct of the hearing
44
1
Subject to paragraph (2), a valuation tribunal’s function of hearing or determining an appeal shall be discharged by three members of the tribunal who shall include at least one chairman; and a chairman shall preside.
2
Where all parties to an appeal who appear so agree, the appeal may be decided by two members of a tribunal, and notwithstanding the absence of a chairman.
3
The hearing shall take place in public, unless the tribunal otherwise orders on the application of a party and on being satisfied that the interests of that party would be prejudicially affected.
4
If the appellant fails to appear at the hearing, the tribunal may dismiss the appeal, and if any other party does not appear the tribunal may hear and determine the appeal in his absence.
5
The tribunal may require any witness to give evidence under oath or affirmation, and shall have power for that purpose to administer an oath or affirmation in due form.
6
Parties at the hearing may be heard in such order as the tribunal may determine, and may examine any witness before the tribunal and call witnesses.
7
A hearing may be adjourned for such time, to such place and on such terms (if any) as the tribunal thinks fit; and reasonable notice of the time and place to which the hearing has been adjourned shall be given to every party.
8
If it thinks fit a tribunal may, after notice to the parties inviting them to be present, inspect any dwelling which is the subject of an appeal.
9
Subject to any provisions of this Part, the tribunal–
a
shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings;
b
shall, so far as appears to it appropriate, seek to avoid formality in its proceedings; and
c
shall not be bound by any enactment or rule of law relating to the admissibility of evidence before courts of law.
Evidence: general
45
1
This regulation applies to information supplied in pursuance of regulations under section 13 of, or under Schedule 2 to, the 1992 Act .
2
Subject to the following provisions of this regulation, information to which this regulation applies shall in any relevant proceedings be admissible as evidence of any fact stated in it; and any document purporting to contain such information shall, unless the contrary is shown, be presumed–
a
to have been supplied by the person by whom it purports to have been supplied; and
b
to have been supplied by that person in any capacity in which it purports to have been supplied.
3
Information to which this regulation applies shall not be used in any relevant proceedings by a billing authority unless–
a
not less than two weeks' notice, specifying the information to be so used and the dwelling or person to which or to whom it relates, has previously been given to every other party to the proceedings; and
b
any person who has given not less than 24 hours' notice of his intention to do so has been permitted by that authority at any reasonable time–
i
to inspect the documents and other media in or on which such information is held; and
ii
if the person so desires, to make a copy of, or of any extract from, any document containing such information.
4
If any information required to be made available for inspection in accordance with this regulation is not maintained in documentary form, the duty to make it so available is satisfied if a print-out, photographic image or other reproduction of the document, which has been obtained from the storage medium adopted in relation to the document, is made available for inspection.
5
In this regulation “relevant proceedings” means any proceedings on or in consequence of an appeal, and any proceedings on or in consequence of a reference to arbitration under regulation 52.
Evidence of lists and other documents
46
1
The contents of a list may be proved by the production of a copy of it, or of the relevant part, purporting to be certified to be a true copy by the listing officer.
2
The contents of a completion notice may be proved by the production of a copy of it purporting to be certified to be a true copy by the proper officer of the billing authority.
3
In paragraph (2) “proper officer” has the same meaning as in the Local Government Act 1972 .
Decisions
47
1
An appeal may be decided by a majority of the members participating; and where (pursuant to regulation 44(2)), it falls to be disposed of by two members and they are unable to agree, it shall be remitted by the clerk to be decided by a tribunal consisting of three different members.
2
Where an appeal is disposed of on the basis of a hearing, the decision of the tribunal may be reserved or given orally at the end of the hearing.
3
Subject to paragraph (4), as soon as is reasonably practicable after a decision has been made, it shall–
a
in the case of a decision given orally, be confirmed,
b
in any other case, be communicated,
by notice in writing to the parties; and the notice shall be accompanied by a statement of the reasons for the decision.
4
Nothing in paragraph (3) shall require notice to be given to a party if it would be repetitive of any document supplied to him in accordance with regulation 50.
5
In the case of an appeal against a completion notice, the clerk shall send notice of the decision to the listing officer appointed for the billing authority which is a party to the appeal.
Orders
48
1
On or after deciding an appeal the tribunal may, in consequence of the decision, by order require–
a
an estimate to be quashed or altered;
b
a penalty to be quashed;
c
the decision of a billing authority to be reversed;
d
a calculation (other than an estimate) of an amount to be quashed and the amount to be recalculated.
2
An order may require any matter ancillary to its subject-matter to be attended to.
Review of decisions
49
1
Subject to paragraphs (2) and (3), a tribunal constituted as provided in paragraph (4) shall have power on written application by a party to review or set aside by certificate under the hand of the presiding member–
a
any decision on any of the grounds mentioned in paragraph (5), and
b
a decision on an appeal against a completion notice, on the additional ground mentioned in paragraph (6).
2
Paragraph (1) does not apply where an appeal against the decision in question has been determined by the High Court.
3
An application under paragraph (1) may be dismissed if it is not made within the period of four weeks beginning on the day on which notice is given (whether in accordance with regulation 47(3) or regulation 50(3)) of the decision in question.
4
So far as is reasonably practicable, the tribunal appointed to review a decision shall consist of the same members as constituted the tribunal which took the decision.
5
The grounds referred to in paragraph (1)(a) are–
a
that the decision was wrongly made as a result of clerical error;
b
that a party did not appear and can show reasonable cause why he did not do so; and
c
that the decision is affected by a decision of, or on appeal from, the High Court or the Lands Tribunal in relation to an appeal in respect of the dwelling which, or, as the case may be, the person who, was the subject of the tribunal’s decision.
6
The ground mentioned in paragraph (1)(b) is that new evidence, the existence of which could not have been ascertained by reasonably diligent inquiry or could not have been foreseen, has become available since the conclusion of the proceedings to which the decision relates.
7
If a tribunal sets aside a decision in pursuance of this regulation, it shall revoke any order made in consequence of that decision and shall order a rehearing or redetermination before either the same or a different tribunal.
8
The clerk shall as soon as reasonably practicable notify the parties to the appeal in writing of–
a
a determination that the tribunal will not undertake a review under paragraph (1);
b
the determination of the tribunal, having undertaken a review under paragraph (1), that it will not set aside the decision concerned;
c
the issue of any certificate under paragraph (1); and
d
the revocation of any order under paragraph (7).
9
Where in relation to a decision in respect of which an application under paragraph (1) is made, an appeal to the High Court remains undetermined on the relevant day, the clerk shall notify the High Court as soon as reasonably practicable after the occurrence of the relevant event.
10
In paragraph (9)–
“the relevant day” means the day on which, as the case may be,–
the application under paragraph (1) is made;
the event referred to in sub-paragraphs (a) to (d) of paragraph (8) occurs; and
“the relevant event”, in relation to a relevant day, means the event occurring on that day.
Records of decisions, etc
50
1
It shall be the duty of the clerk to make arrangements for each decision, each order made under regulation 48 and the effect of each certificate and revocation under regulation 49 to be recorded.
2
Records may be kept in any form, whether documentary or otherwise, and shall contain the particulars specified in Schedule 4 below.
3
A copy, in documentary form, of the relevant entry in the record shall, as soon as reasonably practicable after the entry has been made, be sent to each party to the appeal to which the entry relates.
4
Each record shall be retained for the period of six years beginning on the day on which an entry was last made in it.
5
Any person may, at a reasonable time stated by or on behalf of the tribunal concerned and without making payment, inspect the records which are required to be made by paragraph (1).
6
If without reasonable excuse a person having custody of the record intentionally obstructs a person in exercising the right conferred by paragraph (5), he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
7
The member who presided at the hearing or determination of an appeal may authorise the correction of any clerical error in the record, and a copy of the corrected entry shall be sent to the persons to whom a copy of the original entry was sent.
8
The production in any proceedings in any court of law of a document purporting to be certified by the clerk of a tribunal to be a true copy of a record or decision of that tribunal shall, unless the contrary is proved, be sufficient evidence of the document and of the facts it records.
Appeals
51
1
An appeal shall lie to the High Court on a question of law arising out of a decision or order which is given or made by a tribunal on an appeal and may be made by any party to the appeal.
2
Subject to paragraph (3), an appeal under paragraph (1) may be dismissed if it is not made within four weeks of the date on which notice is given of the decision or order that is the subject of the appeal.
3
Where–
a
in relation to an application under paragraph (1) of regulation 49 (review of decisions) made within four weeks of the date on which notice was given of the decision which is the subject matter of the appeal, notice is given as mentioned in paragraph (8)(a) of that regulation, or
b
notice is given as mentioned in paragraph (8)(b) of that regulation,
the appeal may be dismissed if it is not made within four weeks of the service of the notice under that paragraph (8)(a) or (b).
4
The High Court may confirm, vary, set aside, revoke or remit the decision or order of the tribunal, and may make any order which the tribunal could have made.
5
Billing authorities shall act in accordance with any order made by the High Court; and paragraph 10A of Schedule 11 to the Act shall have effect subject to this requirement.
Arbitration
52
1
Where at any time before the beginning of a hearing or the consideration by a tribunal of written representations it is so agreed in writing between the persons who, if a dispute were to be the subject of an appeal to the tribunal, would be the parties to the appeal, the question shall be referred to arbitration.
2
Section 31 of the Arbitration Act 1950 shall have effect for the purposes of the referral of a question in pursuance of this regulation as if such referral were to arbitration under another Act within the meaning of that section.
3
In any arbitration in pursuance of this regulation, the award may include any order which could have been made by a tribunal in relation to the question; and paragraph 10A of Schedule 11 to the Act shall apply to such an order as it applies to orders recorded in pursuance of this Part.
New Schedule
23
There is added, after Schedule 3 the following–
SCHEDULE 4
CONTENTS OF RECORDS MADE UNDER PART V
Regulation 50
The appellant’s name and address
The date of the appeal
The matter appealed against
The name of the billing authority whose decision was appealed against
The date of the hearing or determination
The names of the parties who appeared, if any
The decision of the tribunal and its date
The reasons for the decision
Any order made in consequence of the decision
The date of any such order
Any certificate setting aside the decision
Any revocation under regulation 49(6)
.
Revocation and saving and transitional provision
24
1
Subject to paragraphs (2) and (3), Schedule 2 is hereby revoked.
2
Schedule 2 shall continue to have effect, as regards an allowance of a particular description, until a determination has been made for the purposes of regulation 10, as substituted by regulation 7 of these Regulations, as regards allowances of that description.
3
Without prejudice to section 16 of the Interpretation Act 1978 , nothing in paragraph (1) shall affect the entitlement of any member of a valuation tribunal to an allowance of the amount specified in Schedule 2 in relation to allowances of that description and effective immediately before the making of such a determination as is attributable to an approved duty performed before the making of that determination.
4
Nothing in regulation 7, regulation 8 or paragraph (1) above shall affect–
a
the duty to keep a record in respect of any payment under Schedule 2; or
b
the right of any person to inspect and make copies of a record of any payment under that Schedule.
Michael Howard
Secretary of State for the Environment
18th February 1993
David Hunt
Secretary of State for Wales
18th February 1993


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) Order 1993.
2
1
In this Article of, and the Schedule to, this Order, “the Convention” means the Convention on the Civil Aspects of International Child Abduction which was signed at The Hague on 25th October 1980.
2
a
The States specified in the first column of the Schedule to this Order shall be Contracting States to the Convention;
b
Where the Convention applies, or applies only, to a particular territory or particular territories specified in a declaration made by a Contracting State under Article 39 or 40 of the Convention, the territory or territories in question shall be as specified in the second column of the Schedule to this Order.
c
The date of the coming into force of the Convention as between the United Kingdom and any State or territory so specified shall be as specified in the third column of the Schedule to this Order.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1993 and shall come into force at 1800 hours on 10th June 1993.
2
In this Order “scallops” means scallops of the class of Pecten Maximus , and Queen Scallops of the class of Chlamys Opercularis , “mussels” means Mytilus Edulis and “relevant time” means one minute past midnight on 10th June 1993.
Designated circumstances
2
In the opinion of the Secretary of State, scallops and mussels in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985
Activity prohibited in the designated area
4
No person shall fish for or take any scallops or mussels in the designated area.
Prohibited movement of scallops or mussels
5
No person shall move any scallops or mussels out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any scallops or mussels taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops or mussels which were taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops or mussels which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
I W Gordon
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
10th June 1993


text:
Title and commencement
1
This Order may be cited as the Sea Fish Licensing (Time at Sea) (Principles) Order 1993 and shall come into force on 5th May 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“antecedent vessel” has the meaning assigned to it by article 11(1);
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland, Wales or Northern Ireland, the Secretary of State;
“the basic allocation” has the meaning assigned to it by article 4;
“capacity units”, in relation to a vessel, means —
( L × B ) + ( 0.45 × P
where:
L is the length of the vessel expressed in metres,
B is the breadth of the vessel expressed in metres, and
P is the engine power of the vessel expressed in kilowatts;
“compulsory returns”,in relation to a vessel, means —
entries kept in a logbook by the master of the vessel under an enforceable Community obligation relating to fishing activities and submitted to the appropriate Minister; or
declarations made under an enforceable Community obligation relating to fishing activities —
as to fish landed, by the master of the vessel or by an agent;
as to trans-shipment, by the master of the vessel,
and submitted to the appropriate Minister;
“donor vessel” has the meaning assigned to it by article 11(1);
“half-day” means all or part of any period of 12 consecutive hours commencing at midnight or at midday;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No.2930/86 defining characteristics for fishing vessels ;
“licence” means a licence granted under section 4 of the Act;
“principles” means principles to which section 20(5B) of the Act does not apply;
“recipient vessel” has the meaning assigned to it by article 11(1);
“the 1991 Regulations ” means the Sea Fishing (Days in Port) Regulations 1991 ;
“time at sea condition” means a condition included in a licence by virtue of section 4(6)(c) of the Act;
“vessel” means a fishing boat exceeding 10 metres in length;
“voluntary returns”, in relation to a vessel, means written data relating to fishing activities submitted by the master of the vessel, or by an agent, on a voluntary basis to the appropriate Minister before the date on which this Order comes into force;
“written returns”, in relation to a vessel, means —
compulsory returns; or
voluntary returns.
2
For the purposes of this Order a vessel is at sea if it is not —
a
tied up, or anchored, immediately adjacent to land or in an area of safe water,
b
tied up, or anchored, or moving between moorings, within harbour limits,
c
tied up to, or moving between, vessels operating under the authority of a licence granted under section 4A of the Act, or
d
held on land.
3
For the purposes of this Order the pattern of fishing activity of a vessel relates only to the species of fish caught, the main type of gear used or the statistical sub-areas or divisions of the International Council for the Exploration of the Sea in which fishing takes place.
4
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Principles
3
The principles on which the time which vessels may spend at sea is to be arrived at for the purposes of any time at sea condition are set out in articles 4 to 12.
Basic principle where there has been no previous time at sea condition in respect of a vessel
4
Where no licence containing a time at sea condition has previously been granted in respect of a vessel, the time which that vessel may spend at sea in a period not exceeding 12 consecutive months shall be —
a
the total number of half-days calculated in accordance with article 5 (“the basic allocation”), increased, where appropriate, in accordance with the provisions of articles 6 to 11; or
b
160 half-days,
whichever is the greater.
Basic allocation
5
1
Subject to paragraph (2) below, the basic allocation in respect of any vessel shall be the number of half-days spent at sea by the vessel in 1991, as derived from any written returns relating to that vessel.
2
Where —
a
an application to register a vessel as a British fishing vessel under section 13 of the Merchant Shipping Act 1988 was refused because the vessel failed to meet the criteria for British-owned vessels laid down in section 14 of that Act as originally enacted, and
b
the vessel was subsequently registered under section 13 of that Act and a licence was granted in respect of the vessel after 1st January 1991,
the basic allocation in respect of that vessel shall be the number of half-days spent at sea by the vessel in 1988, as derived from any written returns relating to that vessel.
Vessels to which the 1991 Regulations applied
6
Where the vessel is one to which the 1991 Regulations applied, the basic allocation shall be increased by 8 half-days in respect of each month from March 1991 to December 1991 inclusive during which the vessel was not exempted from those Regulations as provided for by regulation 3(2) of those Regulations.
Time spent fishing under the authority of a licence but not covered by written returns
7
Where the vessel spent any half-days at sea in the year to which the basic allocation relates fishing, under the authority of a licence, exclusively for species of fish in respect of which no compulsory returns were required, and there are no voluntary returns in relation to that vessel in respect of those half-days, the basic allocation shall be increased by that number of half-days.
Other time spent at sea
8
1
Subject to paragraph (2) below, where —
a
the vessel spent any half-days at sea in the year to which the basic allocation relates, and
b
those half-days were not spent fishing for profit for sea fish, unless for salmon or migratory trout,
the basic allocation shall be increased by that number of half-days.
2
Paragraph (1) above shall not apply in the case of any half-days at sea occurring in any period exceeding 27 consecutive half-days in which the vessel did not fish for profit.
Exceptional circumstances
9
1
Where as a result of exceptional circumstances the vessel spent significantly fewer half-days at sea in the year to which the basic allocation relates than it would otherwise have spent, the basic allocation shall be increased to take account of that fact.
2
Exceptional circumstances for the purpose of paragraph (1) above are —
a
the overhaul, modernisation or repair of the vessel (but not an annual overhaul);
b
a prolonged or recurrent illness of the master or any member of the crew of the vessel or of their immediate family;
c
family bereavement of the master or any member of the crew of the vessel leading to prolonged or repeated absence from work;
d
other factors leading to prolonged or repeated absence from work on the part of the master or any member of the crew of the vessel.
3
Exceptional circumstances for the purpose of paragraph (1) above do not include the requirement to remain in port contained in the 1991 Regulations.
Significant change in pattern of fishing activity, etc
10
Where after 1st January of the year to which the basic allocation relates and before the date on which this Order comes into force there was or is —
a
a significant change in the pattern of fishing activity of the vessel,
b
a significant financial investment in the vessel, or
c
a significant enforceable financial commitment in the vessel,
which resulted, or would result, in that vessel spending significantly more half-days at sea than it otherwise would have spent, or would spend, the basic allocation shall be increased to take account of that fact.
Surrender of licence and grant of new licence in respect of a different vessel
11
1
Where in the relevant period a licence was or is granted in respect of any vessel on the occasion of the surrender of a licence in respect of a different vessel (“the donor vessel”), the basic allocation in respect of the first-mentioned vessel (“the recipient vessel”) shall be increased, where appropriate, to take account of —
a
the basic allocation, increased where appropriate in accordance with articles 6 to 9, in respect of the donor vessel and any vessel whose licence was surrendered on the occasion of the grant of a licence in respect of the donor vessel in the relevant period (“the antecedent vessel”), and
b
the capacity units of the recipient vessel, the donor vessel and any antecedent vessel.
2
Where —
a
the person to whom the licence is to be granted in respect of the recipient vessel acquired or acquires the vessel, or entered or enters into an enforceable financial commitment to acquire the vessel, after 1st January of the year to which the basic allocation relates and before the date on which this Order comes into force, and
b
the current or proposed pattern of fishing activity of the vessel —
i
is significantly different from the pattern of fishing activity of the donor vessel or any antecedent vessel in the year to which the basic allocation in respect of the donor vessel or antecedent vessel relates, and
ii
requires significantly more half-days at sea than the basic allocation in respect of the recipient vessel, increased, where appropriate, in accordance with paragraph (1) above,
that basic allocation shall be increased to take account of that fact.
3
The relevant period for the purpose of paragraph (1) above is a period commencing after 1st January of the year to which the basic allocation in respect of the recipient vessel relates and before the date of commencement of any time at sea condition included in a licence in respect of that vessel.
Principles applicable where there has previously been a time at sea condition in respect of a vessel
12
1
Subject to paragraphs (2) and (3) below, where a licence containing a time at sea condition in respect of a period not exceeding 12 consecutive months has previously been granted in respect of any vessel, the time which that vessel may spend at sea in a subsequent period of 12 consecutive months shall be based on the time which it could spend at sea in accordance with the last such time at sea condition.
2
Where a new licence is granted in respect of any recipient vessel and the surrendered licence in respect of the donor vessel included a time at sea condition, the time which the recipient vessel may spend at sea, for the purposes of any time at sea condition which is included in the new licence and expires on the date on which the time at sea condition in the surrendered licence would otherwise have expired, shall be a number of half-days based on —
a
the number of half-days which the recipient vessel could spend at sea in accordance with any time at sea condition included in a licence in respect of that vessel, being a licence which was surrendered on the occasion of the grant of the new licence in respect of that vessel, less the number of half-days (if any) spent at sea for the purposes of that condition by that vessel in the period of operation of that condition,
b
the number of half-days which the donor vessel could spend at sea in accordance with a time at sea condition included in the surrendered licence in respect of that vessel, less the number of half-days (if any) spent at sea for the purposes of that condition by that vessel in the period of operation of that condition, and
c
a proportion of the capacity units of the recipient vessel and of the donor vessel.
3
Where the principles in paragraph (2) above have been applied in respect of a recipient vessel for the purposes of the most recent time at sea condition included in a licence in respect of that vessel, the time which that vessel may spend at sea in a subsequent period of 12 consecutive months, for the purposes of the next time at sea condition included in a licence in respect of that vessel, shall be based on the time which it could spend at sea in accordance with that most recent time at sea condition, increased, where appropriate, to take account of —
a
the number of half-days spent at sea for the purposes of the time at sea condition referred to in paragraph (2)(a) above by the recipient vessel in the period of operation of that condition, and
b
the number of half-days spent at sea for the purposes of the time at sea condition referred to in paragraph (2)(b) above by the donor vessel in the period of operation of that condition.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th April 1993.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
30th April 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
29th April 1993
Patrick Mayhew
Secretary of State for Northern Ireland
30th April 1993


text:
Citation and commencement
1
This Order may be cited as the Housing (Extension of Right to Buy) Order 1993 and shall come into force on 11th October 1993.
Interpretation
2
In this Order, unless the contrary intention appears, a reference to a number, section, Part or Schedule, without more, is a reference to the section, Part or Schedule bearing that number in the Housing Act 1985.
Extension of the right to buy
3
1
Where there are in a dwelling-house let on a secure tenancy one or more interests which are interests to which this article applies, and the dwelling-house is a house, Part V (the right to buy) has effect with the modifications specified in the Schedule to this Order.
2
This article applies to an interest held by —
a local authority,
a new town corporation,
a housing action trust,
an urban development corporation,
the Development Board for Rural Wales,
the Corporation , or
a registered housing association, other than one excepted from the right to buy by Schedule 5, paragraph 1 (charities), 2 (co-operatives) or 3 (associations which have not received grant),
which is immediately superior to the interest of the landlord or to another interest to which this article applies.
Supplementary provision
4
Where, in pursuance of Part V as modified by this Order, a secure tenant serves a notice claiming to exercise the right to buy and the interest of the landlord, an intermediate landlord or the freeholder in the dwelling-house passes to a person not being an authority or body to which article 3(2) applies, the freeholder shall as soon as practicable serve on the tenant a notice in writing telling him that he is no longer entitled to acquire the freehold of the dwelling-house.
Revocations
5
The Housing (Extension of Right to Buy) Order 1987 and the Housing (Extension of Right to Buy) Order 1990 are hereby revoked.
Transitional provision
6
1
This Order does not apply in a case where the tenant’s notice claiming to exercise the right to buy was served before this Order comes into force.
2
For the purposes of paragraph (1), no account shall be taken of any steps taken under section 177 (errors and omissions in notices).
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
8th September 1993
John Redwood
Secretary of State for Wales
9th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Durham Health Care 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 South Durham Health 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 the South Durham Health 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 to manage community health services provided from Upperthorpe, 90 Woodlands Road, Darlington, Co. Durham DL3 7PZ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Durham 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 South Durham 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 South Durham 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