text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment (No. 2) Order 1993, and shall come into force on 21st January 1994.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 3 of the principal Order
2
In article 3(1)(a) of the principal Order (medicinal products on prescription only), for “Article 4(1) to (1J)” there is substituted “Article 4(1) to (1P)”.
Amendment of article 4 of the principal Order
3
1
In article 4 of the principal Order (medicinal products that are not prescription only), for paragraph (1C), there is substituted the following paragraph: —
1C
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance mebendazole where —
a
the medicinal product is indicated for oral use in the treatment of enterobiasis in adults and in children over the age of 2 years;
b
its container or package is labelled to show a maximum dose of 100 milligrams of mebendazole; and
c
it is sold or supplied in a container or package containing not more than 400 milligrams of mebendazole.
.
2
In article 4 of the principal Order the following paragraphs are inserted after paragraph (1J): —
1K
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance beclomethasone dipropionate where —
a
the medicinal product is indicated only for the treatment of seasonal allergic rhinitis by non-aerosol nasal administration, in adults and in children over the age of 12 years;
b
it is sold or supplied in a container or package containing not more than 200 doses; and
c
its container or package is labelled to show a maximum dose of 100 micrograms per nostril and a maximum daily dose of 200 micrograms per nostril of beclomethasone dipropionate.
1L
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance cimetidine where —
a
the medicinal product is indicated for the short-term symptomatic relief of heartburn, dyspepsia and hyperacidity; and
b
its container or package is labelled to show a maximum dose of 200 milligrams and a maximum daily dose of 800 milligrams of cimetidine for a maximum period of 14 days.
1M
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance cimetidine where —
a
the medicinal product is for the prophylactic management of nocturnal heartburn; and
b
its container or package is labelled to show a maximum dose of 100 milligrams of cimetidine to be taken once daily at night for a maximum period of 14 days.
1N
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance famotidine where —
a
the medicinal product is indicated for the short-term symptomatic relief of heartburn, dyspepsia and hyperacidity; and
b
its container or package is labelled to show a maximum dose of 10 milligrams and a maximum daily dose of 20 milligrams of famotidine for a maximum period of 14 days.
1O
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance sodium cromoglycate where —
a
the medicinal product is indicated for the treatment of acute seasonal allergic conjunctivitis;
b
it is in the form of aqueous eye drops;
c
the maximum strength of the sodium cromoglycate in the medicinal product does not exceed two per cent. calculated in terms of weight in volume; and
d
it is sold or supplied in a container containing not more than 10 millilitres of the medicinal product.
1P
Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance sodium cromoglycate where —
a
the medicinal product is indicated for the treatment of acute seasonal allergic rhinitis;
b
it is in the form of an eye ointment;
c
the maximum strength of the sodium cromoglycate in the medicinal product is four per cent. calculated in terms of weight in weight; and
d
it is sold or supplied in a container or package containing not more than 5 grams of the medicinal product.
.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in circumstances also listed) —
a
the following substance is inserted at the appropriate point in the alphabetical order of the substances listed in Column 1: —
Naftifine Hydrochloride;
b
for the entries relating to pseudoephedrine hydrochloride and tioconazole respectively there are substituted the entries relating to those substances set out in the Schedule to this Order.
Amendment of Part III of Schedule 1 to the principal Order
5
In Part III of Schedule 1 to the principal Order (medicinal products, specified by name and product licence number, which are prescription only medicines), the entries relating to “Anhydrol Forte 0173/0030” and “Nicorette Plus 0458/0021” are deleted.
Amendment to Table A of Part IV of Schedule 1 to the principal Order
6
In Table A of Part IV of Schedule 1 to the principal Order (medicinal products specified by name and product licence number that are not prescription only medicines) —
a
immediately before the entry relating to Cortaid Cream 1% 0032/0126 there are inserted the following entries:
i
“Calacort Cream 12650/0001”,
ii
“Corlan Pellets 0039/0397”; and
b
immediately before the entry relating to Efcortelan P Cream 1% 0004/0327 there is inserted the entry “Dioderm Hydrocortisone Cream 0173/0153”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd December 1993
Sir Wyn Roberts
Minister of State, Welsh Office
31st December 1993
Fraser of Carmyllie
Minister of State, The Scottish Office
23rd December 1993
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. A. Elliott
Permanent Secretary
23rd day of December 1993.


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1993 and shall come into force on the tenth day after the day on which it is made.
2
In this Order “the principal Order ” means–
a
in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 (“the England and Wales Order ”); and
b
in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 (“the Northern Ireland Order ”).
2
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended as follows–
a
after the entry relating to the Cayman Islands, there shall be inserted the following–
Ecuador when a writ is issued by a judge initiating criminal proceedings
;
b
after the entry relating to Hong Kong, there shall be inserted the following–
India
a
when information relating to commission of any crime is received by any law enforcement agency empowered to investigate such crime under the law for the time being in force and laid before a court of law;
b
when any allegation is made orally or in writing to a court of law that a person has committed an offence;
c
when a person is charged with an offence;
d
when any investigation or inquiry into the commission of any offence is directed by a court of law
;
c
after the entry relating to Montserrat, there shall be inserted the following–
Panama when a person has been charged with an offence
;
d
after the entry relating to Saudi Arabia, there shall be inserted the following–
South Africa
a
when a summons is issued in respect of an offence;
b
when a person is charged with an offence;
c
when a bill of indictment is preferred
.
3
1
Article 2 of the principal Order shall be amended as follows–
a
in the definition of “appropriate authority of a designated country” there shall be inserted after the words “Schedule 2” the words “or, as the case may be, Schedule 3”;
b
following the definition of “drug trafficking offence” in that paragraph there shall be inserted the words ““offence to which this Order applies” means a drug trafficking offence or any offence corresponding or similar to an indictable offence to which Part VI of the Criminal Justice Act 1988 applies;”;
c
in paragraph (5), there shall be inserted after sub-paragraph (a) the following–
aa
where no steps have been specified in relation thereto as mentioned in sub-paragraph (a) above, the defendant has been notified in writing in accordance with the laws of the designated country that the competent authorities of that country have begun proceedings against him in respect of an offence; or
;
and for the words “drug trafficking offence” in sub-paragraph (a) there shall be substituted “offence to which this Order applies”.
2
In relation to the Northern Ireland Order, paragraph (1)(b) above shall have effect as if for the words “Part VI of the Criminal Justice Act 1988 applies” there were substituted the words “the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 applies, other than a drug trafficking offence”.
4
In article 3(1) of the principal Order, for the words “a drug trafficking offence” there shall be substituted “an offence to which this Order applies”.
5
1
For article 4 of the principal Order there shall be substituted the following provision–
4
There are hereby designated for the purposes of section 9 of the 1990 Act–
a
for the purposes of the application of this Order to drug trafficking offences, each of the countries and territories specified in Schedule 2 to this Order;
b
for the purposes of the application of this Order to any other offence to which this Order applies, each of the countries and territories specified in Schedule 3 to this Order.
,
and as the heading to the said Schedule 2 there shall be inserted the words “DESIGNATED COUNTRIES — DRUG TRAFFICKING OFFENCES”.
2
There shall be inserted in Schedule 2 to the principal Order at the appropriate places in alphabetical order the entries for the countries and territories specified in Schedule 1 to this Order (including where so specified the appropriate authority for a country or territory) and there shall be removed from the said Schedule 2 the entries for Hungary and the Union of Soviet Socialist Republics (including the Byelorussian Soviet Socialist Republic); and opposite the entry for Ecuador there shall be inserted the following entry: “Consejo Nacional de Control de Sustancias Estupefacientes y Psicotropicas ( CONSEP )”.
3
There shall be inserted as Schedule 3 to the principal Order the Schedule set out in Schedule 2 to this Order.
6
In paragraph (1) of article 12 of the principal Order (evidence in relation to proceedings in a designated country) there shall be inserted after sub-paragraph (a) the following sub-paragraph–
aa
in a case to which article 2(5) (aa) above applies, that the defendant has been notified as specified in that sub-paragraph;
,
and in sub-paragraph (e) of the said article 12(1) there shall be substituted for the words “a drug trafficking offence” the words “an offence to which this Order applies”.
N.H. Nicholls
Clerk of the Privy Council


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) (No.2) Regulations 1993 and shall come into force on 1st September 1994.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations ;
“ British Islands ” means the United Kingdom, the Channel Islands and the Isle of Man;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ EEA Agreement ” means the Agreement on the European Economic Areasigned at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ European Community ” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
“ European Economic Area ” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;
“European student” means a person who is a national of a member state of the European Community or the child of such a national and has been ordinarily resident within the relevant territory throughout the period of three years before the commencement of his course, but who is not entitled to a full award by virtue of regulation 7;
“fees only award” means an award bestowed only in respect of fees described in Schedule 1;
“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
“highest-cost country” means Denmark, Finland, Japan, Norway, Sweden, Switzerland and Taiwan;
“higher-cost country” means Austria, Belgium, Hong Kong, Iceland, France , …the Federal Republic of Germany, and the Republic of Korea;
“high-cost country” means Australia, Canada, Indonesia, the Republic of Ireland, Israel, Italy, Luxembourg, the Netherlands, countries of the former Soviet Union, Spain and the United States of America;
“independent student” has the meaning assigned to it by regulation 3;
“institution” means a university, institution of higher education or institution of further education in the United Kingdom;
“maintenance grant” has the meaning assigned to it by regulation 17;
“overseas institution” means an educational institution in a country outside the United Kingdom providing further or higher education or both;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“relevant territory” means the territory comprising the European Economic Area and, as respects any period prior to the unification of the Federal Republic of Germany, the former German Democratic Republic;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first or the final year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who —
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married for at least two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which —
a
the student was in receipt of training in pursuance of the Training Opportunities Programme, the Youth Opportunities Programme, the Youth Training Scheme of the manpower Services Commission or the Training Commission as the case may be or any scheme run by the Training and Enterprise Councils or the Local Enterprise Companies; or
b
the student was in receipt of unemployment benefit under…section 25(1) of the Social Security Contributions and Benefits Act 1992 ; or
c
the student was available for employment and, if under the age of 18 years, registered for employment; or
d
the student held a State Studentship or comparable award; or
e
the student received sickness benefit …under section 31(1), maternity allowance…under section 35(1), severe disablement allowance…under section 68(1), invalidity pension…under section 33(1)(b), 40(3) or 41(2), statutory sick pay…under Part XI, or statutory maternity pay…under Part XII, of the Social Security Contributions and Benefits Act 1992; or
f
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
In this regulation —
a
any reference to a person registered or available for employment is a reference reference to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976 …or section 124 of the Social Security Contributions and Benefits Act 1992; and
b
“parent” shall have the same meaning as in Part II of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d)(ii) or (iii), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a Dip HE course, a course of initial training for teachers, or a course comparable to a first degree course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
a
In the case of a student who began his course before 1st April 1989 any reference to a course of higher education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force on 31st March 1989;
b
In the case of a student who began his course on or after 1st April 1989, any reference in these Regulations to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority in respect of the student by virtue of regulation 24(2).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated, for the purposes of regulation 13 as ordinarily resident in England and Wales, in the British Islands or in the relevant territory, if the authority are satisfied that he would have been so resident at the relevant time but for the fact that he, his spouse or his parent, guardian or any other person having actual custody of him during his minority, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the relevant territory and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
Except where the context otherwise requires, in these Regulations any reference to a regulation or a Schedule is a reference to a regulation contained herein or a Schedule hereto; and a reference in a regulation or a Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
The Education (Mandatory Awards) Regulations 1993 are hereby revoked.
2
Subject to paragraph (6) and without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.
3
Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 1994 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1994 shall be the aggregate of —
a
two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1993 had they not been revoked, and
b
one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1994 under these Regulations had the academic year of his course begun in the autumn of 1994.
4
In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1994 then, notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of —
a
three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1993 had they not been revoked, and
b
one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1994 under these Regulations had the academic year of the course begun in the autumn of 1994.
5
Where an award was bestowed on a student under section 2 of the “the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
6
An award bestowed under previous Awards Regulations upon a person mentioned in regulation 9(2)(c) or (d) of the Education (Mandatory Awards) Regulations 1987 but not mentioned in regulation 9 of these Regulations shall, in so far as it could otherwise have been bestowed in pursuance of these Regulations, for the purposes thereof, be treated as having been so bestowed.
PART II
AWARDS
Duty to bestow an award
7
In pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow —
1
a full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 1994 if the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations;
2
where paragraph (1) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after the 31st August 1994 if the person is a European student and the institution at which he attends his course is within the area of the authority.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962 in the case of a person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of twelve months ending with the date of the beginning of the course.
2
Any such person as is described in paragraph (1) shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
No area students
9
1
Subject to paragraph (2), a person —
a
who is entitled to the payment of an award by virtue of Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No.1612/68 on freedom of movement for workers within the Community as given effect by the EEA Agreement ,
b
who is treated as ordinarily resident in the British Islands pursuant to regulation 5(4), or
c
who is mentioned in paragraph (3)(a) or (3)(b)(i) of regulation 13, but
d
who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority,
shall be treated for the purposes of that section as ordinarily resident in the area of the authority in which the institution providing his course is situated.
2
A person on whom an award was bestowed before 1st September 1991 shall be treated as belonging to the area of the authority by whom the award was bestowed so long as he attends the course in question.
Designated courses
10
1
The following courses are hereby designated —
a
a first degree course, that is to say —
i
a course provided by an institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by the University of Buckingham for a first degree of that university;
iii
an international course, that is to say a course provided by an institution in conjunction with an overseas institution for a first degree;
b
a Dip HE course, that is to say —
i
a course provided by an institution for the Diploma of Higher Education; or
ii
a course provided by an institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
iii
a course for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State;
c
a course provided by an institution for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council;
d
a course of initial training for teachers, that is to say —
i
a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by an institution;
ii
a part-time course of teacher training, involving not less than 3 days' attendance a week during the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say —
i
a course of at least 3 academic years' duration provided by a university for a certificate, diploma or other academic award; or
ii
a course for the time being designated for the purposes of this provision by the Secretary of State.
2
In this regulation references to an institution do not include references to an institution which is neither maintained nor assisted by recurrent grants out of public funds.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that —
a
an application in writing reaches the authority not later than four months after the date of the beginning of the course; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned —
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, not later than four months after the date of the beginning of the course, it has not become a designated course and the application reaches the authority not later than four months after the date on which it becomes a designated course;
c
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority not later than four months after the date on which the refugee was recognised as a refugee; or
d
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
2
Subject to paragraphs (4), (5), (8) and (9) an authority shall not be under a duty to bestow an award on any person where he has previously attended —
a
a course designated under regulation 10(1)(a); or
b
one or more courses of higher education the aggregate duration of which (ignoring any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kind mentioned in paragraphs (a) to (g) of paragraph1 (1) of Schedule 5 and, in the case of a sandwich course, periods of experience) exceeds two academic years (a part-time course being treated as its full-time equivalent).
3
Subject to paragraph (8) an authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by or under regulation 10(1)(b) or (c) if he has previously attended any other course designated by or under regulation 10(1).
4
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person —
a
in respect of his attendance at a course for the Postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for aqualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which —
i
was for the degree of Bachelor of Education or a comparable academic award of either an institution or the Council for National Academic Awards, and
ii
was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959 or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980 or section 218 of the Education Reform Act 1988 ;
b
in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or a comparable course outside England and Wales;
c
in respect of his attendance at a course which —
i
does not exceed two years' duration;
ii
is for the degree of Bachelor of Education or a comparable academic award of either an institution or the Council for National Academic Awards, and
iii
is approved as a course for the initial training of teachers for the purpose of regulations from time to time in force under section 27 of the Education Act 1980 or section 218 of the Education Reform Act 1988,
unless he has previously attended —
i
a course for the Postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma), or
ii
a course (of any length) such as is described in sub-paragraph (a)(i) and (ii).
6
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
7
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for a period longer than twenty weeks; and it is hereby declared that any reference to a person having attended a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
8
Where, before the coming into force of these Regulations, a student has commenced a course (“the new course”) designated by or under regulation 10(1)(a)(ii), (b) or (c) and has had bestowed upon him under previous Awards Regulations an award, having previously attended one or more courses of higher education the aggregate duration of which did not exceed two academic years then, notwithstanding any other provision of these Regulations, payments shall be made in accordance with these Regulations in respect of his attendance on the new course.
9
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person who —
a
attends a course having previously attended a designated course in respect of which he received payments of the kind described in regulation 23(3) in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of the courses referred to therein; and
b
has not attended any other course of higher education:
Provided that the requirements of regulation 14(1)(a) and (b), (2) and (3) are satisfied, the payments referred to in sub-paragraph (a) above being treated as an award bestowed in respect of a course.
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course —
a
upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(1)(a), who has not been so resident in the relevant territory or, in the case of a European student, who has been so resident in the British Islands; or
b
upon a person whose residence in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(1)(a), in the relevant territory, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee, in the case of the spouse or child of such a refugee, or in the case of a person mentioned in paragraph (3).
3
That person is a person who is a British citizen within the meaning of the British Nationality Act 1981 —
a
who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the relevant territory during every part of that period in which he was not ordinarily resident in the British Islands; or
b
i
who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and
ii
whose parent is ordinarily resident in England and Wales on the relevant day.
4
In paragraph (3), “parent” includes a guardian or any other person having actual custody of a minor; and “relevant day” means the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where —
a
subject to paragraph (2), on the recommendation of the academic authority the student commences to attend another course (“the new course”) at the institution;
b
subject to paragraph (2), with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another institution;
c
subject to paragraph (4), after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
subject to paragraph (4), after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education, or
e
after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.
2
An award shall not be transferred in pursuance of paragraph (1)(a) or (b) unless either —
a
the requisite recommendation or consent is given before the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed; or
b
the authority are satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in paragraph (a) is due only to the need to apply through a clearing admissions system; or
c
the authority, after consulting the academic authority or authorities concerned, are satisfied that the period which the student in question will ordinarily require for the completion of the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring —
i
in each case, periods of experience which are part of a sandwich course, and
ii
in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the authority would not make any payment for maintenance in respect of that period under regulation 25(1).
3
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (d) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
4
An award shall not be transferred in pursuance of paragraph (1)(c) or (d) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued acourse in respect of which the award was held, exceeds —
a
five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or
b
four years where the award would be held in respect of a course for that degree not being an honours degree;
so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.
5
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that —
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
if the student does not complete the course within the period ordinarily required, the authority —
may extend the award until the student has completed the course, and
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate the award if they are satisfied that the student has either —
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
Subject to regulations 16, 22, 23, 25 and 26, the authority shall in respect of each year pay in pursuance of the award —
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1;
b
in respect of maintenance —
i
except in a case in which regulation 20, 21 or 22 applies, a grant calculated in accordance with regulation 18 (in these Regulations called “the maintenance grant”);
ii
in a case in which one of those regulations applies (subject to regulation 20(2)) a sum or grant determined in accordance with the regulation in question;
and so much of the sum or grant referred to in sub-paragraph (b) as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of maintenance grant
18
1
The maintenance grant in respect of any year shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount —
a
the requirements of the student shall be taken to be the aggregate of such of the amounts specified in Schedule 2 as are applicable in his case; and
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
2
This regulation and Schedules 2 and 3 shall have effect —
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof; and
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless the student is a member of a religious order and regulation 21 applies.
2
For the purpose of calculating payments in respect of maintenance under regulation 17(b) in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no such payments shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
The payment in respect of maintenance under regulation 17(b) shall be the sum specified as appropriate in the case of the student in paragraph (3) or (4):
Provided that —
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum so specified and no payment shall be made in respect of a year which includes no periods of full-time study;
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £815.
4
In the case of any other student, the appropriate sum shall be £1,110 except that, where he is attending a course —
a
at the University of London, or
b
at an institution within the area comprising the City of London and the Metropolitan Police District,
it shall be £1,395 and where he is attending a course in a country outside the United Kingdom it shall be —
£1,650 if that country is a highest-cost country;
£1,420 if that country is a higher-cost country;
£1,195 if that country is a high-cost country; and
£1,110 in any other case.
Courses of teacher training
22
1
This regulation shall apply —
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time course designated under the said sub-paragraph (d)(iii),
unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(b) shall be a grant equal to three-quarters of the maintenance grant.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(b) shall be —
a
in a year in which the student’s periods of study are all periods of full-time study or in which his aggregate period of full-time study is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of study are all periods of part-time study, the sum of £325;
c
in any other year, a sum equal to the aggregate of —
i
the proportion of the maintenance grant which the student’s aggregate period of full-time study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17(b) should be £90.
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to —
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week.
Assisted Students
23
1
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of —
a
such fees payable in respect of him —
i
as are described in Schedule 1, and
ii
if they are payable to an institution which is maintained or assisted by recurrent grants out of public funds, which do not exceed the maxima referred to therein; and
b
his requirements for maintenance ascertained in accordance with —
i
Part I of Schedule 2,
ii
paragraphs 5 and 6 of Part II of that Schedule, and
iii
Parts III and IV of that Schedule,
irrespective of whether any maintenance grant would be payable in his case by virtue of any other provision in these Regulations.
2
The payments referred to in paragraph (1) are the aggregate payments received by the person —
a
in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962), or by way of a loan under the Education (Student Loans) Act 1990 , or out of access funds held by the institution at which he attends his course; and
b
if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course;
except that, if the person’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of part-time study, any payments by way of remuneration shall be disregarded.
3
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography, or in pursuance of arrangements made by an authority for the training of teachers known as the “Articled Teachers' Scheme” in respect of the Postgraduate Certificate in education, or in pursuance of any bursary bestowed on him under the Bursary Scheme for “Part 2” Architecture course students or in pursuance of the High Technology National Training Scheme, or in pursuance of the Training for Work Scheme.
Method of payment
24
1
Subject to paragraph (2), the authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
Subject to paragraphs (3) to (6), the authority shall pay such fees as are described in Schedule 1 promptly when a valid request for payment in respect thereof has been received…
3
…Payment shall be made —
a
in the case of the fees described in paragraph (a) (excepting sub-paragraphs (iv), (vi) and (x)) …of Schedule 1, in three instalments,
b
in the case of the fees described in paragraph (a)(iv) of Schedule 1, in four instalments,
c
in the case of the fees described in paragraph (a)(x) of Schedule 1, in one, two or three instalments depending on whether the final year of the course is ordinarily required to be completed before the first, second or third respectively of the dates 1st January, 1st April, 1st July and 1st September which follow the beginning of that year, and
d
in the case of the fees described in paragraph (b) of Schedule 1, in three instalments, but if the final year of the course is ordinarily required to be completed before the first or second of the dates 1st January, 1st April, 1st July and 1st September which follow the beginning of that year, in one or two instalments respectively.
4
The instalments referred to in paragraph (3) shall be paid —
a
after the first dates on which the student is required to attend his course after 1st January, 1st April, 1st July and 1st September respectively, beginning with a payment after the first date on which he is required to attend after the beginning of the year of the course, and continuing with payments after the next such first dates on which he is required to attend, until all the instalments which are payable for the year have been paid; and
b
in the case of the instalments referred to in paragraph (3)(a), and when the academic year of the course begins in the autumn, on or before 10th December in the case of the first instalment, on or before 15th February in the case of the second instalment and on or before 31st May in the case of the third instalment or within one month of the receipt by the authority of a valid request for payment, whichever is the later.
5
Subject to paragraph (6) no fees shall be payable when the student has ceased to attend his course (whether or not the authority has been so notified) but has not completed it.
6
Notwithstanding paragraph (5) when instalments are payable under paragraph (4)(b) the first, second or third instalment shall be payable if the student was attending the course on 15th November, 15th February or 31st May respectively.
7
All payments shall be made to the student, except —
a
payment of the fees described in Schedule 1 may be made to the academic authority, and
b
where a student’s maintenance requirements include any of the requirements referred to in paragraph 10 of Schedule 2, on his written instruction payment in respect of his maintenance grant may be made to a third party.
8
Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or as the case may be, the academic authority and the authority.
Discretionary payments
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17(a) or (b) but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who —
a
has previously attended a course of higher education being —
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1), or
ii
a course of two academic years' duration, in the case of one not so designated,
(ignoring any periods of unpaid service or research or of practice, undertaken as part of the course of the kind mentioned in paragraphs (a) to (g) in the definition of “periods of experience” in paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience) or has previously successfully completed a part-time course corresponding to such a course as is mentioned above (‘the previous course’); and
b
holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course ordinarily of more than one year’s duration (‘the current course’).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education and a subject thereof is —
a
physics, chemistry or mathematics (or a combination of those subjects); or
b
craft, design and technology; or
c
business studies; or
d
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies, the authority shall only be required to make payments under regulation 17(a) or (b) in pursuance of the award in respect of the current course —
a
where that course is ordinarily of not more than two years' duration, in respect of the final year of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
b
where that course is ordinarily of a greater number of years' duration, in respect of that number less two of the final years of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17(a) or (b) as aforesaid.
5
In this regulation any reference —
a
to the ordinary duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course (ignoring any periods of unpaid service or research or of practice undertaken as part of the course of the kind mentioned in paragraphs (a) to (g) in the definition of “periods of experience” in paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience);
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(7).
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20, 21, or 22.
2
In respect of any period —
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment otherwise due in pursuance of the award shall be reduced by the aggregate sum mentioned in paragraph (4).
3
In respect of any other period being —
a
a period during which a student is absent from his course (other than a period of not more than 28 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment otherwise due in pursuance of the award by such amount, not exceeding the aggregate sum mentioned in paragraph (4), as having regard to all relevant circumstances they consider appropriate.
4
The sum referred to in paragraphs (2) and (3) is the aggregate of —
a
fees otherwise due that are not payable by reason of the student’s non-attendance; and
b
the appropriate proportion of the balance of any payments in respect of maintenance payable in pursuance of regulation 17(b).


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Deductions from Income Support (Miscellaneous Amendments) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Community Charges Regulations ” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990 ;
“the Community Charges (Scotland) Regulations ” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 ;
“the Fines Regulations ” means the Fines (Deductions from Income Support Regulations) 1992 ;
Amendment of Schedule 9 to the Claims and Payments Regulations
2
1
Schedule 9 to the Claims and Payments Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 (interpretation) —
a
before the definition of “family” there shall be inserted the following definitions —
“the Community Charges Regulations” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990;
“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;
“the Council Tax Regulations ” means the Council Tax (Deductions from Income Support) Regulations 1993 ;
after the definition of “family” there shall be inserted the following definition —
“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.
3
In paragraph 8(1) (maximum amount of payments to third parties) —
a
for the words “and 7(5)(a)” there shall be substituted the words “, 7(5)(a) and 7A”;
b
after the words “Schedule 9A” there shall be inserted the words “, and regulation 2 of the Council Tax Regulations and regulation 6 of the Fines Regulations”.
4
In paragraph 9 (priority as between certain debts) for sub-paragraph (1) there shall be substituted the following sub-paragraphs —
9
1)(A
Where in any one week —
a
more than one of paragraphs 3 to 7A are applicable to the beneficiary; or
b
one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, Schedule 9A, regulation 2 of the Community Charges Regulations, regulation 2 of the Community Charges (Scotland) Regulations, regulation 6 of the Fines Regulations and regulation 7 of the Council Tax Regulations also applies; and
c
the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is made;
the order of priorities specified in sub-paragraph (1)(B) shall apply.
1)(B
The order of priorities which shall apply in sub-paragraph (1)(A) is —
za
any liability mentioned in Schedule 9A;
a
any liability mentioned in paragraph 3 (housing costs);
b
any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));
c
any liability mentioned in paragraph 6 (fuel costs);
d
any liability mentioned in paragraph 7 (water charges);
e
any liability mentioned in regulation 2 of the Community Charges Regulations (deductions from income support), regulation 2 of the Community Charges (Scotland) Regulations (deductions from income support) or any liability mentioned in regulation 7 of the Council Tax Regulations (deductions from debtor’s income support);
f
any liability mentioned in regulation 6 of the Fines Regulations (deductions from offenders income support);
g
any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance).
.
Amendment of the Fines Regulations
3
1
The Fines Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation), in the definition of “payments to third parties”, after the words “Community Charges (Deductions from Income Support) (Scotland) Regulations 1989” there shall be added the words “and regulation 2 of the Council Tax (Deductions from Income Support) Regulations 1993”.
3
For regulation 4 there shall be substituted the following regulation —
Reference to adjudication officer
4
1
Where the Secretary of State receives an application from a court in respect of an offender he shall, subject to regulation 7(5), refer it forthwith to an adjudication officer who shall determine whether there is sufficient entitlement to income support to enable the Secretary of State to make any deduction.
2
The adjudication officer shall determine there is sufficient entitlement to income support to enable the Secretary of State to make a deduction —
a
if the amount payable by way of income support after any deduction to be made under regulation 6 is 10 pence or more; and
b
if the aggregate amount payable under one or more of the following provisions, namely, paragraphs (3)(2)(a), 5(6), 6(2)(a), 7(3)(a) and 7(5)(a) of Schedule 9 to the Claims and Payments Regulations, paragraph 3(5) of Schedule 9A to the Claims and Payments Regulations and regulation 2 of the Council Tax (Deductions from Income Support) Regulations 1993, together with the amount to be deducted under regulation 6 does not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.
3
The adjudication officer shall determine whether there is sufficient entitlement to income support to enable a deduction to be made, so far as is practicable, within 14 days of receipt of the reference from the Secretary of State
.
4
In regulation 12(1)(a), for the words “by a party to the proceedings or their representative” there shall be substituted the words “by a party to the proceedings or the party’s representative”.
5
In regulation 15(1), for the words “that party” there shall be substituted the words “that person”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
5th March 1993


text:
Citation and Commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) (No.2) Regulations 1993 and shall come into force on 31st December 1993.
Amendments having effect for 1993/94
2
The Non-Domestic Rating Contributions (England) Regulations 1992 shall have effect in relation to any calculation of an authority’s non-domestic rating contribution for the financial year beginning on 1st April 1993 made on or after the coming into force of these Regulations with the following amendments —
a
in paragraph 4A of Part 1 of Schedule 1, there shall be inserted at the end of the formula “+K”, and at the end of the paragraph there shall be added the following definition —
K is the amount of the reasonable costs, if any, necessarily incurred by the authority in respect of changes to any of their computer programs so as to give effect to the provisions of the 1993 Act, provided that if the amount of such costs exceeds £4,000, K is £4,000.
; and
b
in paragraphs 2(3) and 4(3) of Schedule 3, there shall be inserted at the end of the definitions of “T” and “W” respectively the following words “and assuming, in the case of paragraph 4A, that K in the formula in that paragraph will be nil;”.
Amendments having effect as from 1994/95
3
The Non-Domestic Rating Contributions (England) Regulations 1992 shall have effect in relation to financial years beginning on or after 1st April 1994 with the following amendments —
a
in Part I of Schedule 1,
i
in paragraph 1(4), for “1993” there shall be substituted “1994” and for “£24,588,000” there shall be substituted “£6.5 million — ”;
ii
in paragraph 4(1), in the definition of “K” for “80 per cent.” there shall be substituted “78 per cent.” and in the definition of N for “20 per cent.” there shall be substituted “22 per cent.”; and
iii
in paragraph 4(4), for “1993 is £66 million” there shall be substituted “1994 is £69.5 million”;
b
for Part II of Schedule 1 there shall be substituted the following Part —
PART II
COST FACTORS
Name or description of authority Cost factor
The Councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers and Watford. 1.1517 The Councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead and Woking. 1.1165 The Council of a district, other than a district named above, which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Isle of Wight, Kent, Oxfordshire or West Sussex. 1.0713 The Council of a district other than a district named above or a district falling within the description given above. 1 The Council of an inner London Borough. 1.2348 The Council of an outer London Borough. 1.1407 The Common Council of ]the City of London. 1.66 The Council of the Isles of Scilly. 1
;
c
in Part I of Schedule 2,
i
in paragraph 2(12), for “0.94” there shall be substituted “0.91”; and
ii
in paragraph 8(1), for “1.55”, “1.4”, “1.6” and “1.05” there shall be substituted respectively “2.1”, “2”, “1.85” and “1.6”;
d
for Part II of Schedule 2 there shall be substituted the following Part —
PART II
PRESCRIBED AMOUNTS IN RESPECT OF ENTERPRISE ZONES
Name of Authority Name of Enterprise Zone Prescribed Amount £
Dudley Dudley (Round Oak) 1,502,000 Glanford Glanford 57,000 The Wrekin Telford 3,052,000
;
e
in Part I of Schedule 3, in paragraph 2, for sub-paragraph (3) there shall be substituted the following sub-paragraphs —
3
The amount which, in calculating a special authority’s non-domestic rating contribution in accordance with paragraph 1(4) of Schedule 1, is to be deducted from the amount calculated under paragraph 1(2) of that Schedule shall be replaced by the amount calculated in accordance with the formula —
T × U V
where
T is the amount of the deduction for the year referred to in paragraph 1(4) of Schedule 1;
U is the number of relevant days preceding the day on which the calculations in accordance with this Schedule are made;
V is the number of days in the year for which the calculations in accordance with this Schedule are made.
4
The amount described in paragraph 4 of Schedule 1 shall be replaced by the amount calculated in accordance with the formula —
W × U V
where
W is the amount calculated in relation to the authority for the year in accordance with paragraph 4 of Schedule 1;
U and V have the same meaning as in sub-paragraph (3) above.
; and
f
in paragraph 4 of Part II of Schedule 3,
i
for sub-paragraph (3) there shall be substituted the following sub-paragraphs —
3
The amount which, in calculating a special authority’s non-domestic rating contribution in accordance with paragraph 1(4) of Schedule 1, is to be deducted from the amount calculated under paragraph 1(2) of that Schedule shall be replaced by the amount calculated in accordance with the formula —
T × Y V
where
T and V have the same meaning as in paragraph 2(3) above;
Y is the number of relevant days on and after the day on which the calculations in accordance with this Schedule are made.
3A
The amount described in paragraph 4 of Schedule 1 shall be replaced by the amount calculated in accordance with the formula —
W × Y V
where
V and W have the same meaning as in sub-paragraphs (3) and (4) respectively of paragraph 2 above;
Y has the same meaning as in sub-paragraph (3) above.
; and
ii
at the end there shall be added the following sub-paragraph —
6
The assumption prescribed in paragraph 5 of Schedule 2 shall not apply in the case of any reduction or remission which, on or before the day on which the calculations in accordance with this Schedule are made, the authority has decided to grant.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
9th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Royal London Hospital (Transfer of Trust Property) Order 1993 and shall come into force on 19th July 1993.
2
In this Order: —
“the Special Trustees” means the Special Trustees for the Royal London Hospital;
“the Trust” means the Royal London Hospital and Associated Community Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Trust and the Special Trustees on 11th January 1993 which schedule has been signed on behalf of both the Trust and the Special Trustees.
Transfer of trust property
2
On 19th July 1993 the trust property shall be transferred from the Trust to the Special Trustees.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st June 1993.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancaster Priority Services National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 24th November 1993.
2
In this Order–
“the Authority” means Lancaster Health Authority;
“the Trust” means the Lancaster Priority Services 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 11th June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th November 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
26th October 1993


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
(2)
i
“the deposited plan”
means the plan numbered HA10/2E/338, marked “The A1 Trunk Road (Alconbury to Fletton Parkway Improvement and Slip Roads) Order 1993”, containing 3 plans bound together and numbered 1, 2 and 3, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road”
means the A1 Trunk Road.
5
This Order shall come into force on 14th December 1993 and may be cited as the A1 Trunk Road (Alconbury to Fletton Parkway Improvement and Slip Roads) Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
17th November 1993


text:
1
This Order may be cited as the A3 Trunk Road (Robin Hood Way (South) Service Road, Kingston Upon Thames) (Prescribed Routes) Order 1993 and shall come into force on 20th December 1993.
2
In this Order —
“Robin Hood Way” means the main carriageways of the length of the A3 Trunk Road in the Royal Borough of Kingston upon Thames known by that name; and
“Robin Hood Way (South) service road” means that length of the trunk road which lies on the eastern side of and parallel to Robin Hood Way.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter Robin Hood Way from the northern extremity of Robin Hood Way (South) service road.
4
Nothing in this Order shall apply to —
a
any vehicle being used for fire brigade, police or ambulance purposes; or
b
anything done with permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the A Grade 6 Officer, Secretary of State for Transport London Regional Office of the Department of Transport
P J Bevis
13th December 1993


text:
Citation and commencement
1
This Order may be cited as the Central Blood Laboratories Authority (Revocation) Order 1993 and shall come into force on 1st April 1993.
Revocation of the Central Blood Laboratories Authority (Establishment and Constitution) Order 1982
2
The Central Blood Laboratories Authority (Establishment and Constitution) Order 1982 is hereby revoked, and the Central Blood Laboratories Authority is accordingly hereby abolished.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th March 1993


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No.16) Order 1993.
2
In this Order “ the Act ” means the Local Government and Housing Act 1989.
3
Sections 67 to 70 and section 72 of the Act so far as they are not already in force, and section 73 of the Act, shall come into force on October 1993.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
4th October 1993