text:
Citation and commencement
1
These Regulations may be cited as the Assistance for Minor Works to Dwellings (Amendment) Regulations 1993 and shall come into force on 5th April 1993.
Application of Regulations
2
1
These Regulations apply in relation to applications for assistance made on or after 5th April 1993.
2
In paragraph (1) “assistance” means assistance (whether in the form of a grant or the provision of materials) under section 131 of the Local Government and Housing Act 1989.
Amendment of Regulations
3
The Assistance for Minor Works to Dwellings Regulations 1990 are amended —
a
in paragraph (1)(c) of regulation 4 (persons to whom assistance may be given), by substituting for the words “or community charge benefit (within the meaning of section 20 of the Social Security Act 1986)” the words “, council tax benefit or disability working allowance (within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)” ;
b
in paragraph (2) of regulation 5 (dealing with applications), by substituting for the words “regulation 6” the words “regulations 6 and 7”;
c
in regulation 6 (amount of assistance) —
i
in paragraph (1), by substituting for the words “The total” the words “Subject to regulation 7, the total”; and
ii
in paragraphs (2) and (3), by substituting “£1,080” for “£1,000”; and
d
by adding, after regulation 6, the following —
Amount of assistance: further provision
7
The sum determined for the purposes of paragraph (b) of section 131(2) of the Act (sum which total amount or value of assistance given under section 131 of the Act in any period of three years in respect of any one dwelling must not exceed) is £3,240.
.
Michael Howard
Secretary of State for the Environment
4th March 1993
David Hunt
Secretary of State for Wales
5th March 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth 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 Portsmouth 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 Portsmouth 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 —
a
to own and manage hospital accommodation and services provided at St James' Hospital, Locksway Road, Portsmouth, Hants PO4 8LD and associated hospitals;
b
to manage community health services provided from St James' Hospital, Locksway Road, Portsmouth, Hants PO4 8LD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 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 Portsmouth and South East Hampshire 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 Portsmouth and South East Hampshire 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 Portsmouth and South East Hampshire 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
John Bowis
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Discretionary Expenditure Limits) Order 1993 and shall come into force on 1st April 1993.
Expenditure limits: general provision
2
For the purposes of section 137(4)(a) of the Local Government Act 1972 , there is hereby specified the sum mentioned in the second column of the following Table in relation to each description of local authority mentioned in the first column.
TABLE
Description of authority Appropriate sum
The council of a county or non-metropolitan district £1.90 The council of a metropolitan district which is a constituent council for the purposes of a scheme under section 48 (grants to voluntary organisations) of the Local Government Act 1985 £3.55 The council of any other metropolitan district £3.80 Any local authority whose area is within Greater London £3.55
Expenditure limits: Isles of Scilly
3
The Isles of Scilly Order 1978 is amended by the insertion, at the end of paragraph 6(2A), of the words “which is not a constituent council for the purposes of a scheme under section 48 (grants to voluntary organisations) of the Local Government Act 1985”.
Revocation
4
The Local Authorities (Discretionary Expenditure Limits) Order 1990 is hereby revoked.
Michael Howard
Secretary of State for the Environment
11th January 1993
David Hunt
Secretary of State for Wales
12th January 1993


text:
1
This Order may be cited as the Export of Goods (Control) (Bosnia-Herzegovina) (ECSC) (Revocation) Order 1993 and shall come into force on 30th April 1993.
2
The Export of Goods (Control) (Bosnia-Herzegovina) (ECSC) Order 1993 is hereby revoked.
M. V. Coolican
An Assistant Secretary,
Department of Trade and Industry
29th April1993


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule 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 slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan”
means the plan numbered HA 10/2E/330 marked “The A11 Trunk Road (Stump Cross to A505 Junction Improvement) Slip Roads Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Rom-ney House, 43 Marsham Street, London SW1P 3PY;
ii
“the side roads order”
means “The A11 Trunk Road (Stump Cross to A505 Junction Improvement) Side Roads Order 1993”; and
iii
“the trunk road”
means the A11 Trunk Road;
4
This Order shall come into force on 23rd June 1993 and may be cited as the A11 Trunk Road (Stump Cross to A505 Junction Improvement) Slip Roads Order 1993.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
8th June 1993


text:
1
The Sandwell Borough Council (Patent Shaft/Moorcroft Infrastructure) (Walsall Canal Bridge) Scheme 1993 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Chief Executive, Sandwell Borough Council, Sandwell Council House, Oldbury, Warley, West Midlands.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in acccordance with paragraph 1 of chedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Sandwell Borough Council (Patent Shaft/ Moorcroft Infrastructure) (Walsall Canal Bridge) Scheme 1993 Confirmation Instrument 1993.
Signed by authority of the Secretary of State for Transport
B. H. Leonard
Regional Director Northern Region
Department of Transport
20th September 1993


text:
1
These rules may be cited as the Family Proceedings (Amendment) Rules 1993 and shall come into force on 5th April 1993.
2
The Family Proceedings Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule or Appendix by number alone shall be construed as a reference to the rule or Appendix so numbered in the said Rules of 1991.
3
In rule 1.2(1), after the definition of “the Act of 1989” there shall be inserted the words ““the Act of 1991 ” means the Child Support Act 1991; ”.
4
After rule 3.20 there shall be inserted the following:–
Application under section 27 of the Act of 1991 for declaration of parentage
3.21
1
Rule 4.6 shall apply to an application under section 27 of the Act of 1991 (reference to court for declaration of parentage) as it applies to an application under the Act of 1989.
2
Where an application under section 27 of the Act of 1991 has been transferred to the High Court or a county court the court shall, as soon as practicable after a transfer has occurred, consider what directions to give for the conduct of the proceedings.
3
Without prejudice to the generality of paragraph (2), the court may, in particular, direct that–
a
the proceedings shall proceed as if they had been commenced by originating summons or originating application;
b
any document served or other thing done while the proceedings were pending in another court, including a magistrates' court, shall be treated for such purposes as may be specified in the direction as if it had been such document or other thing, being a document or other thing provided for by the rules of court applicable in the court to which the proceedings have been transferred, as may be specified in the direction and had been served or done pursuant to any such rule;
c
a pre-trial hearing shall be held to determine what further directions, if any, should be given.
4
The application may be heard and determined by a district judge.
Appeal under section 20 of the Act of 1991 from decision of child support officer
3.22
1
Rule 4.6 shall apply to an appeal under section 20 of the Act of 1991 (appeals against certain decisions of child support officers) as it applies to an application under the Act of 1989.
2
Where an appeal under section 20 of the Act of 1991 is transferred to the High Court or a county court, Rule 3.21(2) and (3) shall apply to the appeal as it applies to an application under section 27 of the Act of 1991.
Appeal from Child Support Commissioner
3.23
1
This rule shall apply to any appeal to the Court of Appeal under section 25 of the Act of 1991 (appeal from Child Support Commissioner on question of law).
2
Where leave to appeal is granted by the Commissioner, the notice of appeal must be served within 6 weeks from the date on which notice of the grant was given in writing to the appellant.
3
Where leave to appeal is granted by the Court of Appeal upon an application made within 6 weeks of the date on which notice of the Commissioner’s refusal of leave to appeal was given in writing to the appellant, the notice of appeal must be served–
a
before the end of the said period of 6 weeks; or
b
within 7 days after the date on which leave is granted,
whichever is the later, or within such other period as the Court of Appeal may direct.
.
5
After rule 10.21 there shall be inserted the following:–
Disclosure of information under the Act of 1991
10.21A
Where the Secretary of State requires a person mentioned in regulation 2(2) or (3)(a) of the Child Support (Information, Evidence and Disclosure) Regulations 1992 to furnish information or evidence for a purpose mentioned in regulation 3(1) of those Regulations, nothing in rules 4.23 (confidentiality of documents), 10.20 (inspection etc of documents in court) or 10.21 (disclosure of addresses) shall prevent that person from furnishing the information or evidence sought or require him to seek leave of the court before doing so.
.
6
After rule 10.23 there shall be inserted the following:–
Applications for relief which is precluded by the Act of 1991
10.24
1
Where an application is made for an order which, in the opinion of the district judge, the court would be prevented from making by section 8 or 9 of the Act of 1991, the proper officer may send a notice in Form M34 to the applicant.
2
In the first instance, the district judge shall consider the matter under paragraph (1) himself, without holding a hearing.
3
Where a notice is sent under paragraph (1), no requirement of these rules, except for those of this rule, as to the service of the application by the proper officer or as to any other procedural step to follow the making of an application of the type in question, shall apply unless and until the court directs that they shall apply or that they shall apply to such extent and subject to such modifications as may be specified in the direction.
4
Where an applicant who has been sent a notice under paragraph (1) informs the proper officer in writing, within 14 days of the date of the notice, that he wishes to persist with his application, the proper officer shall refer the matter to the district judge for action in accordance with paragraph (5).
5
Where the district judge acts in accordance with this paragraph, he shall give such directions as he considers appropriate for the matter to be heard and determined by the court and, without prejudice to the generality of the foregoing, such directions may provide for the hearing to be ex parte.
6
Where directions are given under paragraph (5), the proper officer shall inform the applicant of the directions and, in relation to the other parties,–
a
send them a copy of the application;
b
where the hearing is to be ex parte, inform them briefly–
i
of the nature and effect of the notice under this rule,
ii
that the matter is being resolved ex parte, and
iii
that they will be informed of the result in due course; and
c
where the hearing is to be inter partes, inform them of–
i
the circumstances which led to the directions being given, and
ii
the directions.
7
Where a notice has been sent under paragraph (1) and the proper officer is not informed under paragraph (4), the application shall be treated as having been withdrawn.
8
Where the matter is heard pursuant to directions under paragraph (5) and the court determines that it would be prevented by section 8 or 9 of the Act of 1991 from making the order sought by the application, it shall dismiss the application.
9
Where the court dismisses an application under this rule it shall give its reasons in writing, copies of which shall be sent to the parties by the proper officer.
10
In this rule, “the matter” means the question whether the making of an order in the terms sought by the application would be prevented by section 8 or 9 of the Act of 1991.
Modification of rule 10.24 in relation to non-free-standing applications
10.25
Where a notice is sent under rule 10.24(1) in respect of an application which is contained in a petition or other document (“the document”) which contains material extrinsic to the application–
a
the document shall, until the contrary is directed under sub-paragraph (c) of this rule, be treated as if it did not contain the application in respect of which the notice was served;
b
the proper officer shall, when he sends copies of the document to the respondents under any provision of these rules, attach a copy of the notice under rule 10.24(1) and a notice informing the respondents of the effect of sub-paragraph (a) of this paragraph; and
c
if it is determined, under rule 10.24, that the court would not be prevented, by section 8 or 9 of the Act of 1991, from making the order sought by the application, the court shall direct that the document shall be treated as if it contained the application, and it may give such directions as it considers appropriate for the conduct of the proceedings in consequence of that direction.
.
Forms
7
In the list of forms at the beginning of Appendix 1, after the entry relating to M33 there shall be inserted the following:–
M34 Notice under rule 10.24(1)
.
8
In Appendix 1, after Form M33 there shall be inserted the form set out in Schedule 1 to these Rules.
9
In Appendix 1, the forms set out in Schedule 2 to these Rules shall be substituted for forms M11, M13, M19 and CHA13.
10
The following amendments shall be made to Form M4 (Statement of Arrangements for Children):–
a
in the opening section headed “To the Petitioner” there shall be substituted for the last paragraph the following–
You should obtain legal advice from a solicitor or, alternatively, from an advice agency. Addresses of solicitors and advice agencies can be obtained from the Yellow Pages and the Solicitors' Regional Directory which can be found at Citizens Advice Bureaux, Law Centres and any local library.
;
b
for section 7 there shall be substituted the provision contained in Schedule 3 to these Rules;
c
in section 10, in question (c), there shall be inserted after “or maintenance?” the following–
(You need not include any Child Support Agency proceedings here)
.
11
The following amendments shall be made to Form M5 (Notice of Proceedings):–
a
in paragraph 1, for “8 days” there shall be substituted “7 days” and the words “,inclusive of the day of receipt,” shall be deleted;
b
in paragraph 3, for “29 days” there shall be substituted “28 days” and the words “,inclusive of the day of receipt,” shall be deleted;
c
for paragraph 10 there shall be substituted the following–
10
Please answer Question 10.
If your answer to Question 10(c) is Yes please make sure that you sign the form at 12(a).
;
d
after paragraph 12 the following paragraph shall be inserted:–
13
If you wish to make an application for
a Residence Order
a Contact Order
a Specific Issue Order
a Prohibited Steps Order
in respect of a child, you will have to make a separate application on Form CHA10(D). You can get this form from the court office. Before you apply for any of these orders or any other orders which may be available to you under Part I or II of the Children Act 1989 you are advised to see a solicitor.
.
12
In Form M6 (Acknowledgement of Service), Question 10(d) shall be deleted.
13
The following amendments shall be made to Form M21 (Originating Application for Alteration of Maintenance Agreement during Parties' Lifetime):–
a
in paragraph 1, after “the respondent” a closing bracket shall be inserted;
b
in paragraph 8, after “the alteration[s] are:–” there shall be inserted–
[if there are or have been any proceedings in the Child Support Agency with reference to the maintenance of a child of the family please give details here.]
.
14
The following amendments shall be made to Form CHA14 (Statement of Means):–
a
in section 6, after “Other state benefit(s)” there shall be inserted “Child Support Agency maintenance”;
b
in section 7, after “pocket money” there shall be inserted “Child Support Agency payments”;
c
in section 9, after “Other” there shall be inserted “Child Support Agency arrears”;
d
in sections 7 and 9, for “Community charge” there shall be substituted “Council tax”.
15
In form CHA15 (Application for Variation/Discharge of an Order for Financial Provision)(a), there shall be substituted for section 4 the provision contained in Schedule 4 to these Rules.
16
In Appendix 2 after paragraph 1(i), the following shall be inserted–
ia
whether or not there have been any applications under the Act of 1991 for a maintenance assessment in respect of any child of the family and if so–
i
the date of any such application, and
ii
details of the assessment made;
.
Mackay of Clashfern, C.
Stephen Brown, P.
Mathew Thorpe, J.
Marian Norrie
Anne Downey
Gerald Angel
James Holman
Hugh Morgan
J. M. Appleby
David Salter
Dated 19th January 1993


text:
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) Regulations 1993 and shall come into force on 1st December 1993.
2
The Public Service Vehicles (Registration of Local Services) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
12(1)(b) £30 £38 12(2)(b) £27 £38
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
5th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No. 9) Order 1993 and shall come into force on 5th April 1993.
2
In this Order —
a
“ the Act ” means the British Railways (Penalty Fares) Act 1989;
b
“activating order” has the meaning assigned to it in section 3 of the Act;
c
any reference to a line on which train services are provided includes a reference to the named stations by which the ends of the line are defined.
Activation of penalty fares provisions
2
1
Subject to paragraphs (2) and (4) below, sections 4 to 9 of the Act shall have effect in respect of all train services and parts of train services provided by the Board on the lines specified in Part I of the Schedule to this Order.
2
Save as mentioned in paragraph (3) below, sections 4 to 9 of the Act shall not have effect with respect to any part of a train service in a case where that service commences at a station which is not on a line specified in Part I of the Schedule to this Order.
3
Nothing in paragraph (2) above affects the application of paragraph (1) above to —
a
any part of a train service provided by the Board on the lines so specified where that service commences at a station on a line which —
i
is specified in the Schedule to any other activating order or, where that Schedule is divided into parts, in Part I of that Schedule, and
ii
is connected either directly, or by another line or lines of the description in sub-paragraph (i) above which are so connected, with a line specified in Part I of the Schedule to this Order;
b
from 16th May 1993, any part of a train service provided by the Board on the lines specified in Part I of the Schedule to this Order where that service commences at a station on the line specified in Part II of the Schedule to this Order.
4
Sections 4 to 9 of the Act shall not have effect with respect to any part of a train service, other than a conductor train service, which commences at a station where, at the time of commencement of the part in question of the service, there was no ticket office open for the sale of fare tickets or any facility for the sale of deferred fare authorities.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State
Department of Transport
5th March 1993


text:
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1993 and shall come into force on 27th August 1993.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations–
a
a reference to the principal Regulations is a reference to the Education (Grants) (Music and Ballet Schools) Regulations 1989 ; and
b
a reference to the Aided Pupil Scheme is a reference to the scheme described in Schedule 1 to the principal Regulations,
and the amendments to the Aided Pupil Scheme contained in these Regulations shall be made to Schedule 1 to the principal Regulations.
2
In regulation 8D(1)(a) of the principal Regulations, after the words “Durham and Exeter” there shall be inserted the words “King’s School, Ely” and after the word “Salisbury” there shall be inserted the words “Wells Cathedral”.
3
In paragraph 8(3) and (4) of the Aided Pupil Scheme (references to income) for the sum “£1,105” there shall be substituted the sum “£1,125” in each place where it occurs.
4
In paragraph 13 of the Aided Pupil Scheme (remission of fees – boarding pupils)–
a
in sub-paragraph (2), for the sum “£7,795” there shall be substituted the sum “£7,940”; and
c
for the Table in sub-paragraph (3), there shall be substituted the following Table–
Table
(1) (2) (3) Part of the relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £7,791 but does not exceed £9,834 10% 7.5% That part (if any) which exceeds £9,834 but does not exceed £13,820 20% 15% That part (if any) which exceeds £13,820 12.5% 7.5%
5
In paragraph 14(2) and (3) of the Aided Pupil Scheme, for the sums “£9,800” and “£9,651” there shall be substituted the sums “£9,983” and “£9,834” respectively.
6
For sub-paragraphs (3) and (4) of paragraph 17 of the Aided Pupil Scheme (uniform grants) there shall be substituted the following sub-paragraphs–
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,318 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed–
a
£158, where the relevant income does not exceed £9,059;
b
£118, where that income exceeds £9,059 but does not exceed £9,480;
c
£77, where that income exceeds £9,480 but does not exceed £9,887;
d
£39, where that income exceeds £9,887 but does not exceed £10,318:
Provided that any uniform grant which would fall to be paid in pursuance of this sub-paragraph in an aided pupil’s first year at the school may be paid during the period commencing on 27th August 1993 and ending when that year begins.
4
Except where sub-paragraph (3) applies, uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £9,887 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed–
a
£58, when the relevant income does not exceed £9,225;
b
£30, where the income exceeds £9,225 but does not exceed £9,887.
.
7
In paragraph 23(1) of the Aided Pupil Scheme (school travel grants) for the sums “£9,069” and “£8,890” there shall be substituted the sums “£9,238” and “£9,059” respectively.
8
In paragraph 3 of the Appendix to the Aided Pupil Scheme–
a
at the end of sub-paragraph (n) the word “or” shall be deleted;
b
at the end of sub-paragraph (o) the word “or” shall be inserted;
c
after sub-paragraph (o) there shall be inserted the following sub-paragraph–
p
in pursuance of section 59 of and Schedule 10 to the Finance ( No. 2) Act 1992 (relief for letting furnished accommodation in owner occupied homes).
.
9
In paragraph 4 of the Appendix to the Aided Pupil Scheme, for the words “pursuant to a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958” there shall be substituted the words “pursuant to regulations made under section 57A of the Adoption Act 1976 ”, and for the words “pursuant to section 34(6) of the Children Act 1975” there shall be substituted the words “under paragraph 15 of Schedule 1 to the Children Act 1989 , any assistance given by a local authority in cash under paragraph 5 of Schedule 2 to that Act and any payment made by a local authority under paragraph 16 of that Schedule”.
10
In paragraph 5(3)(a) of the Appendix to the Aided Pupil Scheme, after the words “(whether in the United Kingdom or elsewhere)” there shall be inserted the words “under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 ”.
Emily M. Blatch
Minister of State,
Department of Education
27th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Carlisle Hospitals 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;
“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 Carlisle Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Carlisle Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Cumberland Infirmary, Newtown Road, Carlisle CA2 7HY and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 East Cumbria 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 East Cumbria 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 East Cumbria Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
Citation and commencement
1
1
This Order may be cited as the Lothian Region (Electoral Arrangements) Order 1993.
2
This Order shall come into force on 5th May 1994 provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the Order shall come into force on 10th October 1993.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral division shall be construed as a reference to that electoral division as constituted in this Order;
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as the centre line of the feature concerned; and
iii
the boundary or boundaries of a parish is to a line corresponding as nearly as may be to the line of the boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps;
b
the expedient of defining a line beyond Mean Low Water Springs has been adopted to apportion islands to the appropriate electoral division; and
c
the following abbreviations are used:–
“ED” for Electoral Division; and
“grid reference” for National Grid Reference as published on Ordnance Survey Maps.
Change of electoral arrangements
3
The existing electoral divisions of the Lothian Region shall be abolished and the said Region shall be divided into forty-nine electoral divisions having the names, contents and boundaries set forth in the Schedule to this Order.
4
The boundaries of the electoral divisions constituted by this Order shall be defined and mered by Ordnance Survey.
Revocation
5
Without prejudice to its continuing in effect for the purposes of defining the electoral divisions prior to the coming into force of this Order, the Lothian Region (Electoral Arrangements) Order 1978( ) is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
27th April 1993


text:
Title and commencement
1
This Order may be cited as the Bovine Animals (Identification, Marking and Breeding Records) (Amendment) Order 1993 and shall come into force on 9th March 1993.
Amendment
2
The Bovine Animals (Identification, Marking and Breeding Records) Order 1990 shall be amended as follows —
a
for article 9 there shall be substituted the following articles —
Records of bovine animals
9
1
The owner or person in charge of bovine animals shall keep a record in the form set out in the Schedule to this Order or in a form to the like effect of
a
the particulars of each bovine animal as specified in the several columns in that form, and
b
the number of bovine animals present on the holding.
2
Where the entry relates to the birth of a bovine animal, the entry shall be made, in the case of a birth in a dairy herd, within 36 hours of the birth and in any other case within 7 days of the birth.
3
Where the entry relates to the death of a bovine animal, the entry shall be made within 7 days of the death.
4
Every record made under this Order shall be retained by the owner or person in charge of the holding for a period of 10 years from the date of the birth or death recorded.
5
Any person who is for the time being in charge of any record required to be made under this Order shall, on demand made by an inspector at any reasonable hour, produce the record and allow a copy to be made of it or an extract to be taken from it or (in the case of a computerised record) produce a printout of it.
Records of holdings
9A
1
The owner or person in charge of any bovine animals shall notify in writing the Animal Health Office for the area in which the animals are kept of
a
the name and address of the owner or occupier of the holding on which the animals are kept, and
b
any change in the information supplied under paragraph (a) above.
2
Notification under paragraph (1) above shall be made by 1st May 1993 and thereafter within one month of the change required to be notified.
;
b
for the Schedule there shall be substituted the provisions of the Schedule to this Order.
In witness whereof the Official seal of the Minister of Agriculture, Fisheries and Food is affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
8th March 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd March 1993
David Hunt
Secretary of State for Wales
4th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnsley Community and Priority Services National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 26th February 1993.
2
In this Order —
“the Authority” means Barnsley Health Authority;
“the Trust” means the Barnsley Community and 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 6th November 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
This Order may be cited as the Eastwood and East Kilbride Districts (Busby) Boundaries Amendment Order 1993, and shall come into force on 1st October 1993.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) -Regulations 1977( ); and
“boundary map” means the map prepared by The Scottish Office marked “The Eastwood and East Kilbride Districts (Busby) Boundaries Amendment Order 1993” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a district boundary is a reference to such a boundary as it exists immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area Change
4
That part of East Kilbride District which forms part of Busby in Strathclyde Region, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Eastwood District in Strathclyde Region.
Consequential changes in electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order)–
a
shall cease to form part of electoral division 69 (Murray/Avondale) of Strathclyde Region( ) and of ward 15 (Avondale North) of East Kilbride District( ); and
b
shall form part of electoral division 71 (Eastwood South) of Strathclyde Region and of ward 10 (Busby) of Eastwood District( ).
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St. Andrew’s House,
Edinburgh
14th May 1993


text:
Citation and commencement
1
1
This Order may be cited as the Kent and East Sussex (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1994 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 1995.
Transfer from East Sussex to Kent
2
1
In this article, “the map” means the map prepared by the Department of the Environment, marked “Map of the Kent and East Sussex (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government (Area Changes) Regulations 1976.
2
The area which is marked A and shown coloured yellow on the map shall be transferred from the county of East Sussex, the district of Wealden and the parish of Frant to —
a
the county of Kent;
b
the Tunbridge Wells Rural East electoral division of that county ;
c
the borough of Tunbridge Wells;
d
the Lamberhurst ward of that borough ;
e
the parish of Lamberhurst; and to
f
the Tunbridge Wells and Cranbrook petty sessional division and the West Kent coroner’s district.
Town and country planning
3
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
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
12th July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Calderdale and Kirklees (Metropolitan 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 —
“Calderdale” means the West Yorkshire metropolitan borough of Calderdale, and “Kirklees” means the West Yorkshire metropolitan borough of Kirklees;
“map” means one of the 6 maps prepared by the Department of the Environment, marked “Maps of the Calderdale and Kirklees (Metropolitan Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
“ward” means a ward of the metropolitan borough from or to which an area is transferred by this Order, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers from Calderdale to Kirklees
3
Each area which is marked as indicated in column 1 of the following Table on the map shown in column 2 shall be transferred from Calderdale, and from the ward named in column 3 to —
a
Kirklees; and to
b
the ward and petty sessional division named in column 4.
Table
(1) (2) (3) (4) Area marked On map Transferred from Calderdale, and and from the following ward — To Kirklees, and to —
B9 2 Brighouse
Cleckheaton ward
Batley and Dewsbury petty sessional division
B10 3 Brighouse
Spen ward
Batley and Dewsbury petty sessional division
B5 1 Elland
Birkby ward
Huddersfield petty sessional division
B4 1 Elland
Lindley ward
Huddersfield petty sessional division
B17 5 Greetland and Stainland
Colne Valley
West ward
Huddersfield petty sessional division
B1
B11
B 12, B14 & B16
1
4
6
Greetland and Stainland
Lindley ward
Huddersfield petty sessional division
B8 2 Hipperholme and Lightcliffe
Cleckheaton ward
Batley and Dewsbury petty sessional division
6 1 Rastrick
Birkby ward
Huddersfield petty sessional division
B7 1 Rastrick
Deighton ward
Huddersfield petty sessional division
Transfers from Kirklees to Calderdale
4
Each area which is described in column 1 of the following Table shall be transferred from Kirklees to —
a
Calderdale;
b
the ward (and the parish and parish ward, if any) named in column 2; and to
c
the Calderdale petty sessional division.
Table
Area of Kirklees transferred — To Calderdale, and to —
The parts of the Colne Valley West ward marked C1 and C2 on map 5.
Parish of Ripponden
Barkisland parish ward
Ryburn ward
The part of the Lindley ward marked on B3 on map 1. Elland ward The parts of the Lindley ward marked B2 on map 1, B18 on map 5, and B13 and B15 on map 6 Greetland andStainland ward
Town and Country Planning
5
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
24th March 1993


text:
1
This Order may be cited as the Designs (Convention Countries) Order 1993 and shall come into force on 14th June 1993.
2
Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine are convention countries for the purposes of all the provisions of the Registered Designs Act 1949.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Swanage Light Railway (Extension) Order 1993 and shall come into force on 22nd June 1993.
2
This Order and the Swanage Light Railway Order 1987 may be cited together as the Swanage Light Railway Orders 1987 and 1993.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say: —
“the Board” means the British Railways Board;
“the Company” means the Swanage Railway Company Limited, incorporated under the Companies Act 1948 and having its registered office at The Station, Swanage, Dorest, BH19 1HB;
“the Council” means the Dorset County Council;
“the Board’s railway” means so much of the former Swanage branch railway of the Board in the District of Purbeck, County of Dorset, described in, and authorised by, the Swanage Railway Act 1881 , and works relating thereto, as lies between a point at Harman’s Cross 250 metres west of the bridge carrying Haycraft’s Lane over the Swanage Light Railway of the Company, and a point at Furzebrook 527 metres west of the bridge carrying the A351 road between Corfe Castle and Stoborough over the site of the former branch railway of the Board, and includes all lands held, or formerly held, by the Board relating to the said former branch railway and lying between these points;
“the Council’s land” means the site of the Board’s railway, or so much thereof as has for the time being been conveyed by the Board to the Council;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order, and prior to such construction, the land on which it is authorised to be constructed;
“the deposited plan”and “the deposited section”means respectively the plan and section deposited in respect of the application for this Order with the Department of Transport.
“the principal Act ” means the Light Railways Act 1896;
and all directions, distances, and lengths stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, and length, and distances between points on the former Swanage branch railway shall be taken to be measured along the course of the former railway.
Incorporation of Acts
3
1
Subject to the provisions of this Order, the Railways Clauses Consolidation Act 1845 (except sections 8, 11 to 15, 17, 46 to 48 and 59 to 62) is hereby incorporated with this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order: —
a
sections 7, 9, 10 and 162, shall be read, construed and have effect as if the “proper officer of the Council” had been referred to therein instead of the “Clerks of the Peace”;
b
sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 .
3
Subject to the provisions of this Order, such of the enactments set out in the Second Schedule to the principal Act, as are still in force, except section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and the Company’s servants to be provided) and sections 1 and 5 of the Regulation of Railways Act 1889 (power to order certain provisions to be made for public safety and penalty for avoiding payment of fare) shall not apply to the Company’s railway.
4
In its application to the Company’s railway, the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than 20 miles without stopping” were omitted therefrom.
Acquiring Land and Leasing of the Council’s land to the Company
4
1
The Council may acquire from the Board such part of the site of the Board’s railway as is not in the Council’s ownership, on such terms and conditions as may be agreed between the Board and the Council.
2
The Council may lease to the Company such parts of the Council’s land on such terms and conditions as may be agreed between the Council and the Company, as will enable the Company to construct, make and maintain the Company’s railway pursuant to article 5 of this Order.
Power for the Company to make railway
5
1
Subject to the provisions of this Order, the Company may, on the line of the Board’s railway, construct, make and maintain the railway hereinafter described in the lines and according to the levels and within the limits of deviation shown on the deposited plan and deposited section, and with all proper rails, plates, sidings, junctions, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith.
2
The said railway is: —
A railway in the District of Purbeck, County of Dorset, 3 and a half miles in length, commencing at Harman’s Cross, in the Parish of Worth Matravers, by a junction with the Swanage Light Railway of the Company, and terminating at Furzebrook, in the Parish of Church Knowle, by a junction with the surviving portion of the Swanage branch railway of the Board.
3
Subject to the provisions of this Order, the Company’s railway, or any part thereof, shall be subject to all statutory and other provisions applicable to the Board’s railway, or any part thereof, (insofar as the same are still subsisting and capable of taking effect) and: —
a
during the continuance of any lease granted under article 4(2) of this Order, the Company shall, to the exclusion of the Board, be entitled to the benefit of, and to exercise all rights, powers and privileges, and be subject to all obligations, statutory or otherwise, relating to the Board’s railway, or any part thereof so leased (insofar as the same is still subsisting and capable of taking effect), and
b
in the event that any such lease is terminated, the Council shall, to the exclusion of the Board and insofar as aforesaid, be entitled to the benefit of the said rights and shall be subject to the said obligations, to the intent that the Board shall be released from all such obligations in either case.
Power to Deviate
6
In the construction of the Company’s railway, or any part thereof, the Company may deviate vertically from the level shown on the deposited section to any extent, not exceeding 0.5 metres upwards or downwards.
Power to work the Company’s railway as a light Railway
7
Subject to the provisions of this Order, the Company’s railway may be worked as a light railway under the principal Act.
Gauge of railway and motive power
8
The Company’s railway shall be constructed to a nominal gauge of 1,435 millimetres, and the motive power on the railway shall be steam, electricity, internal combustion, or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s railway, unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that if electrical power is used as motive power on the Company’s railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of such apparatus.
Provision as to Bridges
9
Without prejudice to the generality of the foregoing, during the continuance of the lease granted under article 4(2) of this Order, sections 116, 117, and 118 of the Transport Act 1968 shall apply to the Company’s railway, as if references therein to the Board were references to the Company, and during such time as there is no lease continuing the said sections shall apply as if references therein to the Board were references to the Council.
Conveyance of Passengers
10
No part of the Company’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State first being obtained and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of passengers conveyed or to be conveyed on the Company’s railway.
For the protection of the Board
11
The following provisions shall, unless otherwise agreed in writing between the Company and the Board, apply and have effect: —
1
In this article: —
“railway property” means any railway of the Board, and any works connected therewith for the maintenance and operation of which the Board are responsible, and includes any lands held or used by the Board for the purposes of such railway or works;
“specified works”means so much of the works (whether temporary or permanent) authorised by this Order, or section 16 of the Railways Clauses Consolidation Act 1845, as incorporated with this Order, as may be situated upon, across, under, over, or within 25 metres of, or may in any way affect, railway property, and includes the maintenance and renewal of such works;
“construction” includes execution, placing, and altering, and “construct” and “constructed” have corresponding meanings;
“the engineer” means an engineer to be appointed by the Board;
“plans” include sections, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction).
2
The Company shall, before commencing the specified works (other than works of maintenance or repair), furnish to the Board proper and sufficient plans thereof, for the reasonable approval of the engineer, and shall not commence the specified works until plans thereof have been approved in writing by the engineer, or settled by arbitration.
Provided that, if, within 56 days after such plans have been furnished to the Board, the engineer shall not have intimated his disapproval thereof, and the grounds for his disapproval, he shall be deemed to have approved the same.
3
If, within 56 days after such plans have been so furnished, the Board shall give notice to the Company, that the Board desire to construct any part of the specified works themselves, which, in the opinion of the engineer will, or may, affect the operation or stability of railway property, then, if the Company desire such part of the specified works to be constructed by the Board, the Board shall construct the same with all reasonable dispatch, on behalf of, and to the reasonable satisfaction of the Company, in accordance with the plans approved, or deemed to be approved, or settled, as aforesaid.
4
Upon signifying his approval, or disapproval, of the plans, the engineer may specify any protective works, whether temporary or permanent, which, in his opinion, should be carried out before the commencement of the specified works, to ensure the safety, or stability, of railway property, and such protective works as may be reasonably necessary for those purposes, shall be constructed by the Board, or by the Company, if the Board so desire, with all reasonable dispatch, and the Company shall not commence the construction of the specified works until the engineer shall have notified the Company that the protective works have been completed to his reasonable satisfaction.
5
The Company shall give to the engineer not less than 28 days notice in writing of their intention to commence the construction of any of the specified works and, except in emergency, (when they shall give such notice as may be reasonably practicable) also of their intention to carry out any works for the repair or maintenance of the specified works.
6
The specified works shall, when commenced, be carried out with all reasonable dispatch, in accordance with the plans approved, or deemed to have been approved or settled as aforesaid, and under the supervision (if given) and to the reasonable satisfaction of the engineer, and in such manner as to cause as little damage to railway property as may be, and so far as is reasonably practicable, so as not to interfere with, or obstruct, the free uninterrupted and safe use of railway property, or traffic thereon, and if any damage to railway property, or any such interference, or obstruction, shall be caused, or take place, the Company shall, notwithstanding any such approval as aforesaid, make good such damage, and shall, on demand, pay to the Board all expenses to which they may be put, and compensation for any loss which they may sustain by reason of such damage, interference or obstruction.
7
The Company shall, at all times, afford reasonable facilities to the engineer, for access to the specified works during their construction, and shall ensure access for the engineer at all reasonable times to all working sites, depots, and works, at which materials to be employed in the construction of the specified works are being made, constructed, or assembled, and shall supply him with all such information as he may reasonably require, with regard to the specified works, or the method of construction thereof.
8
If any alterations, or additions, either permanent or temporary, to railway property shall be reasonably necessary, in consequence of the construction of the specified works, such alterations and additions may be effected by the Board, after notice has been given to the Company, and the Company shall pay to the Board, on demand, the cost thereof, as certified by the engineer, including, in respect of permanent alterations and additions, a capitalised sum representing the increased or additional cost of maintaining, working, and, when necessary, renewing any such alterations or additions.
9
The Company shall repay to the Board all costs, charges, and expenses reasonably incurred by the Board: —
a
in constructing any part of the specified works on behalf of the Company, as provided by paragraph (3) above, or in constructing any protective works under the provisions of paragraph (4) above, including, in respect of permanent protective works, a capitalised sum representing the cost of maintaining and renewing such works;
b
in respect of the employment of any inspectors, signalmen, watchmen and other persons, whom it shall be reasonably necessary to appoint, for inspecting, watching, lighting and signalling, railway property, and for preventing, as far as may be, all interference, obstruction, danger, or accident, arising from the construction, maintenance, repair, or failure, of the specified works.
c
in respect of the approval by the engineer of plans submitted by the Company, and the supervision by him of the specified works;
10
If, at any time after the completion of the specified works, not being works vested in the Board, the Board shall give notice to the Company, informing them that the state of repair of the specified works appears to be such as to affect prejudicially railway property, the Company shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of repair as not to affect prejudicially railway property and, if, and whenever, the Company fail to do so, and at any time, in cases of emergency, (without being required to give notice as aforesaid) the Board may make and do in, and upon, the lands of the Board, or of the Company, all such works and things as shall be reasonably requisite, to put the specified works into such state of repair as aforesaid, and the costs and expenses reasonably incurred by the Board in so doing, shall be repaid to them by the Company.
11
All temporary structures, erections, works, apparatus and appliances, erected, or placed, by the Company under the powers of this Order upon, over, or under, any railway of the Board, shall, as soon as may be reasonably practicable, be removed by the Company, at times to be agreed with, and to the reasonable satisfaction of, the engineer, and in such a way as to cause as little damage to railway property, and as little interference with, or interruption to, the traffic of the Board as may be, and if any damage to railway property, or such interference, delay or interruption shall be caused by any such failure to remove any such temporary structures, erections, works, apparatus or appliances, the Company shall forthwith make good such damage, and pay to the Board the reasonable costs and expenses to which they may be put, and reasonable compensation for any loss which they may sustain by reason of such damage, interference, delay or interruption.
12
Any additional expense which the Board may reasonably incur, after giving two months notice to the Company, in widening, altering, reconstructing, or maintaining railway property, in pursuance of any powers existing at the date of the making of this Order, by reason of the existence of the specified works, shall be repaid by the Company to the Board.
13
The Company shall be responsible for, and make good to the Board, all costs, charges, damages and expenses not otherwise provided for in this article, which may be occasioned to, or reasonably incurred by the Board: —
a
by reason of the specified works, or the failure thereof; or
b
by reason of any act or omission of the Company, or of any persons in their employ, or of their contractors, or others whilst engaged upon the specified works;
and the Company shall effectively indemnify, and hold harmless the Board from and against all claims and demands arising out of, or in connection with, the specified works, or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done by the Board on behalf of the Company, or in accordance with plans approved by the engineer, or in accordance with any requirement of the engineer or under his supervision, shall not (if it was done without negligence on the part of the Board, or of any person in their employ, or of their contractors or agents) excuse the Company from any liability under the provisions of this article:
Provided that the Board shall give to the Company reasonable notice of any claim or demand as aforesaid, and no settlement or compromise thereof shall be made without the prior consent of the Company.
14
Any difference arising between the Company and the Board under this article, (other than a difference as to the meaning or construction of this article), shall be referred to, and settled by, a single arbitrator to be agreed between the parties, or failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
For the protection of Southern Electric Plc
12
The following provisions shall have effect unless otherwise agreed in writing between the Company and Southern Electric.
1
In this article “Southern Electric” means Southern Electric Plc, and “apparatus” means any electrical plant or electric line (as respectively defined in Part I of the Electricity Act 1989 ) belonging to Southern Electric.
2
Nothing in this Order shall prejudice or affect the rights of Southern Electric in respect of any apparatus situated in, under, over, across or upon the land to which the Order relates.
3
Before commencing to execute any works authorised by this Order under or over, or which will or may affect, any apparatus, the Company shall give to Southern Electric not less than 28 days notice in writing, accompanied by a plan and section of the proposed work, and such work shall be executed only in accordance with the plan submitted, and in accordance with such reasonable requirements as may be made by Southern Electric for the protection of the apparatus, or for securing access thereto, or if, by reason of any works proposed by the Company, it is, in the opinion of Southern Electric reasonably necessary to raise, lower, or otherwise alter the position of the apparatus, the expenses reasonably incurred by Southern Electric in, or in connection with, such raising, lowering, or alteration, shall be repaid to them by the Company.
4
If, by any reason of, or in consequence of, the execution or use of, any of the works authorised by this Order, any damage to any apparatus, or any interruption in the supply of electricity by Southern Electric shall be caused, the Company shall bear and pay the cost, reasonably incurred, by Southern Electric in making good such damage, or in restoring the supply of electricity, and shall make reasonable compensation to Southern Electric for any loss sustained by them, and indemnify Southern Electric from and against all claims in respect of any such damage or interruption.
For the protection of the public gas suppliers
13
Nothing in this Order shall prejudice or affect the rights of any public gas supplier, within the meaning of Part I of the Gas Act 1986 , in respect of any apparatus belonging to them, or for the maintenance of which they are responsible, or any structure for the lodging therein of any apparatus, being any apparatus situated in, under, over, or upon the land to which this Order relates.
For the protection of the sewerage undertaker and water supply undertaker
14
Nothing in this Order shall prejudice or affect the rights of any water authority within the meaning of the Water Act 1989 in respect of any apparatus belonging to them, or for the maintenance of which they are responsible, or any structure for the lodging therein of any apparatus, being any apparatus situated in, under, over, or upon the land to which this Order relates.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
21st June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hairmyres and Stonehouse Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Hairmyres and Stonehouse Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Hairmyres and Stonehouse Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as Hairmyres Hospital, East Kilbride and Stonehouse Hospital, Stonehouse and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Lanarkshire Health Board 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 Lanarkshire Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Lanarkshire Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1993


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1993 and shall come into force on 12th April 1993.
Interpretation
2
1
In this Order–
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“the 1974 Act ” means the Pensions (Increase) Act 1974;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972, , the Pensions Increase (Annual Review) Order 1973, , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , and the Pensions Increase (Review) Order 1992; ,
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act; ,
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 12th April 1993 as follows–
1
a pension beginning before 6th April 1992 may be increased by 3.6 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 6th April 1992 and before 12th April 1993 may be increased by 3.6 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 12th April 1993, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 12th April 1993 but on or after 6th April 1992 there may be paid an increase of 3.6 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 6th April 1992 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person–
a
who is entitled to a guaranteed minimum pension on 12th April 1993, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 1993


text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Education (School Inspection) Regulations 1993 and shall come into force on 5th July 1993.
2
These Regulations apply in relation to schools in England.
Interpretation
2
In these Regulations —
“school year” means the period of twelve calendar months commencing on 1st August;
“ the Act ” means the Education (Schools) Act 1992;
“working day” means any day which is not a Saturday, a Sunday, a Bank Holiday or part of a holiday longer than a week taken by a school under inspection; and
any reference to a child who is looked after by a local authority shall have the same meaning as in section 22 of the Children Act 1989.
PART II
SCHOOL INSPECTIONS
3
In this Part of these Regulations —
“action plan” shall be construed in accordance with paragraph 10(1) of Schedule 2 to the Act;
“appropriate authority” shall be construed in accordance with paragraph 1 of Schedule 2 to the Act;
“inspection” means an inspection of a school under section 9 of the Act;
“inspection team” has the meaning set out in paragraph 3(1) of Schedule 2 to the Act;
“registered inspector” means an inspector registered under section 10(1) of the Act.
Intervals for inspection
4
The Chief Inspector for England shall ensure that every school in England to which section 9 of the Act applies is inspected by an inspector registered under section 10(1) of the Act —
a
i
in the case of a secondary school, on or after 1st September 1993 but before 1st August 1997;
ii
in any other case, on or after 1st September 1994 but before 1st August 1998; and
b
thereafter in either case, within four school years from the end of the school year when the last inspection took place.
Notification of inspection
5
Where an inspection is arranged, the appropriate authority shall take such steps as are reasonably practicable to notify —
a
in the case of a maintained school which is not a grant-maintained school and for which the governing body is the appropriate authority, an appropriate officer of the local education authority;
b
in the case of a maintained school for which the local education authority is the appropriate authority, the chairman of the governing body;
c
in the case of a voluntary school or a grant-maintained school which, immediately before it became a grant-maintained school, was a voluntary school, the person who appoints the school’s foundation governors;
d
in the case of a special school which is not maintained by a local education authority, or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981 , an appropriate officer of any local authority which is paying fees to the school in respect of a registered pupil at the school;
e
in the case of any other school, the Secretary of State; and
f
in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located, and such members of the local business community as the appropriate authority think fit, after considering whether it would be desirable to include in particular members who have recently employed former pupils of the school
of the time when the inspection is to take place.
Meeting with parents
6
The appropriate authority, in arranging a meeting pursuant to paragraph 6(b) of Schedule 2 to the Act, shall —
a
select a time for the meeting before the time when the inspection is to take place;
b
in selecting a time and place for the meeting, have regard to the convenience of parents;
c
take such steps as are reasonably practicable to give written notification at least three weeks in advance of the time and place when the meeting is to take place to —
i
the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, an appropriate officer of that authority; and
ii
in the case of a special school which is not maintained by a local education authority or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, an appropriate officer of any local authority which is paying the fees of a registered pupil at the school, if a parent of that pupil so requests;
d
not permit anyone to attend the meeting except —
i
the registered inspector and the inspection team;
ii
any person whom the registered inspector may request to attend the meeting for the purpose of providing administrative support or of recording what is said;
iii
the parents of registered pupils at the school and, if a registered pupil is a child who is looked after by a local authority, an appropriate officer of that authority;
iv
in the case of a special school which is not maintained by a local education authority or an independent school approved by the Secretary of State under section 11(3)(a) of the Education Act 1981, an appropriate officer of any local authority which is paying the fees of a registered pupil at the school, if a parent of that pupil so requests;
v
an Inspector monitoring the inspection under section 3(2) of the Act;
e
arrange for the registered inspector to have control of the meeting in all other respects.
Reports and action plans
7
1
An inspection shall be carried out during a period not exceeding two weeks.
2
The registered inspector shall, within five weeks from the completion of the inspection, prepare in writing a report of the inspection and a summary of the report.
3
The appropriate authority shall, within forty working days from the date when the registered inspector reported to them, prepare an action plan.
4
The appropriate authority shall, within five working days from the date when they completed the preparation of the action plan, send copies of it to the persons and bodies mentioned in paragraph 10(2) of Schedule 2 to the Act, to all persons employed at the school and, in the case of a secondary school, the Training and Enterprise Council for the area in which the school is located.
Fees for provision of the report and summary and of the action plan
8
1
A fee of 10 pence per sheet is payable where, under paragraph 9(5)(b) of Schedule 2 to the Act, an appropriate authority provides —
a
a copy of a report to any person or body who is not otherwise entitled to receive one;
b
a copy of a summary to any person or body who already has a copy.
2
A fee of 10 pence per sheet is payable where, under paragraph 10(5)(b) of Schedule 2 to the Act, an appropriate authority provides a copy of an action plan to any person or body —
a
who is not otherwise entitled to receive one and who lives or whose principal office is located outside a radius of 3 miles from the school; or
b
who already has a copy.
3
The fee payable under this regulation includes a fee payable in respect of any part of the report, summary or action plan which relates to inspections of denominational education under Part III of these Regulations.
PART III
INSPECTIONS OF DENOMINATIONAL EDUCATION
9
In this Part of these Regulations —
“denominational education” means religious education given otherwise than in accordance with an agreed syllabus;
“inspection” means an inspection of a school under section 13 of the Act; and
“inspector” means the person conducting the inspection.
Intervals for inspection
10
1
The governing body of every school to which section 13 of the Act applies shall secure that the school’s denominational education is inspected —
a
i
in the case of a secondary school, on or after 1st September 1993 but before 1st August 1997;
ii
in any other case, on or after 1st September 1994 but before 1st August 1998; and
b
thereafter in either case, within four school years from the end of the school year when the last inspection took place.
Reports and additional action plans
11
1
An inspection shall be carried out during a period not exceeding two weeks.
2
The inspector shall, within five weeks from the completion of the inspection, prepare in writing a report of the inspection and a summary of the report.
3
The governing body shall, within forty working days from the date when the inspector reported to them, prepare an additional action plan.
4
The governing body shall, within five working days from the date when they completed the preparation of the additional action plan, send copies of it to the persons and bodies mentioned in paragraph 15(2) of Schedule 2 to the Act and to all persons who are employed at the school and are engaged in the provision of denominational religious education there.
Fees for provision of the report and summary and of the additional action plan
12
1
Subject to paragraph (2), a fee of 10 pence per sheet is payable where, under paragraph 14(4)(b) of Schedule 2 to the Act, a governing body provides —
a
a copy of a report to any person or body who is not otherwise entitled to receive one;
b
a copy of a summary to any person or body who already has a copy.
2
No fee shall be charged under paragraph (1) if the report or summary, as the case may be, forms part of or is otherwise bound with the report or summary referred to in regulation 7.
3
A fee of 10 pence per sheet is payable where, under paragraph 15(3)(b) of Schedule 2 to the Act, a governing body provides a copy of an additional action plan to any person or body —
a
who is not otherwise entitled to receive one and who lives or whose principal office is located outside a radius of 3 miles from the school; or
b
who already has a copy.
PART IV
LOCAL EDUCATION AUTHORITY ACCOUNTS
13
1
For each financial year in which a local education authority provides a school inspection service, the authority shall keep accounts as regards any services which are provided by them in that year.
2
In this Regulation —
“financial year” means a period of 12 months beginning with 1st April;
“school inspection service” has the meaning set out in section 14(2) of the Act.
John Patten
The Secretary of State for Education
14th June 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancashire Ambulance Service 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;
“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 Lancashire Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Lancashire Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Trust Headquarters, Broughton House, 449–451 Garstang Road, Broughton, Preston PR3 5LN and to own 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 Preston 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 Preston 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 Preston 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
These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment Regulations 1993 and shall come into force for the purposes of regulations 1(1) and 4 on 4th April 1993 and for all other purposes on 19th April 1993.
2
Regulations 2 and 3 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 19th April 1993 which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the principal Regulations .
3
In these Regulations, “the principal Regulations” means the Income Support (General) Regulations 1987 .
Insertion of regulation 25A of the principal Regulations
2
After regulation 25 of the principal Regulations there shall be inserted the following regulation —
Child support
25A
Regulations 29, 31, 32, 40 and 42 and Chapter VII of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VIIA of this Part (child support).
.
Insertion of Chapter VIIA of the principal Regulations
3
After Chapter VII of the principal Regulations there shall be inserted the following Chapter —
CHAPTER VIIA
CHILD SUPPORT
Interpretation
60A
In this Chapter —
“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991 ;
“maintenance assessment” has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.
Treatment of child support maintenance
60B
All payments of child support maintenance shall to the extent that they are not payments of income be treated as income and shall be taken into account on a weekly basis in accordance with the following provisions of this Chapter.
Calculation of the weekly amount of payments of child support maintenance
60C
1
The weekly amount of child support maintenance shall be determined in accordance with the following provisions of this regulation.
2
Where payments of child support maintenance are made weekly, the weekly amount shall be the amount of that payment.
3
Where payments of child support maintenance are made monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
4
Where payments of child support are made at intervals and those intervals are not a week or a month, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
5
Where a payment is made and that payment represents a commutation of child support maintenance the weekly amount shall be the weekly amount of the individual child support maintenance payments so commuted as calculated in accordance with paragraphs (2) to (4) as appropriate.
6
Paragraph (2), (3) or, as the case may be, (4) shall apply to any payments made at the intervals specified in that paragraph whether or not —
a
the amount paid is in accordance with the maintenance assessment, and
b
the intervals at which the payments are made are in accordance with the intervals specified by the Secretary of State under regulation 4 of the Child Support (Collection and Enforcement) Regulations 1992 .
Date on which child support maintenance is to be treated as paid
60D
A payment of child support maintenance is to be treated as paid —
a
in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
b
in any other case, on the first day of the benefit week in which it is paid or the first day of the first succeeding benefit week in which it is practicable to take it into account.
.
Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Amendment Regulations 1993
4
1
The Social Security (Payments on Account, Overpayments and Recovery) Amendment Regulations 1993 shall be amended in accordance with the following provisions of this regulation.
2
Regulation 1 shall be renumbered paragraph (1) of that regulation.
3
In regulation 1, in paragraph (1) after the word “shall” there shall be inserted the words “except in a case to which paragraph (2) below applies”.
4
Also in regulation 1, after paragraph (1) there shall be inserted the following paragraph —
2
Sub-paragraph (a) of paragraph (4) of regulation 2 below, in so far as it relates to regulation 7(1)(b) of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 , and sub-paragraph (c) of paragraph (4) of that regulation, shall come into force on 19th April 1993.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
23rd March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Unemployment,Sickness and Invalidity Benefit) Amendment Regulations 1993 and shall come into force on 11th August 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Amendment of regulation 1 of the principal Regulations
2
In paragraph (2) of regulation 1 of the principal Regulations (interpretation) after the definition of “unemployment benefit office” there shall be inserted the following definitions —
“voluntary body” means a body the activities of which are carried out otherwise than for the purpose of profit;
“volunteer” means a person who is engaged in voluntary work with a charity or voluntary body, or who is engaged in voluntary work otherwise than for a member of his family, where the only payment received by him or due to be paid to him by virtue of being so engaged, is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;
.
Amendment of regulation 12 of the principal Regulations
3
In regulation 12 of the principal Regulations (availability of persons requiring24 hours' notice of job opportunities) —
a
for the heading to regulation 12 there shall be substituted the following headings —
“Availability of persons requiring notice of job opportunities”;
for paragraph (1) there shall be substituted the following paragraphs —
1
Subject to paragraph (1A), where on any day a person is engaged, whether by contract or otherwise, in providing a service with or without remuneration and the circumstances are such that it would not be reasonable to require him, as a condition of qualifying for unemployment benefit, to make himself available at less than 24 hours' notice —
a
for employment in employed earner’s employment;
b
for interview in connection with any such employment for which an opportunity arises; or
c
for interview by an officer of the Department of Employment, a local education authority or the Department of Social Security in connection with his availability for employment generally or in a particular case;
he shall be deemed on that day to be available for employment in employed earner’s employment if ready on being given not less than 24 hours' notice to undertake employment or attend for interview, as the case may require.
1A
Where on any day a person is engaged in providing a service as a volunteer and the circumstances are such that it would not be reasonable to require him, as a condition of qualifying for unemployment benefit, to make himself available at less than 48 hours' notice —
a
for employment in employed earner’s employment;
b
for interview in connection with any such employment for which an opportunity arises; or
c
for interview by an officer of the Department of Employment, a local education authority or the Department of Social Security in connection with his availability for employment generally or in a particular case;
he shall be deemed on that day to be available for employment in employed earner’s employment if ready on being given not less than 48 hours' notice to undertake employment or attend for interview, as the case may require.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
14th July 1993