text:
Citation and commencement
1
1
This Order may be cited as the Montrose Harbour Revision Order 1993 and shall come into force on 12th June 1993.
2
This Order and the Montrose Harbour Acts and Orders 1837 to 1991 may be cited together as the Montrose Harbour Acts and Orders 1837 to 1993.
Interpretation
2
In this Order —
“Authority” means the Montrose Port Authority;
“harbour” has the same meaning as in article 2 of the Montrose Harbour Revision Order 1991 ;
“the harbour undertaking” means the undertaking of the Authority as from time to time authorised;
“level of high water” means the level of mean high-water springs.
Disposal of land no longer required for harbour purposes
3
The Authority, in respect of land vested in them and held for the purposes of the harbour which is no longer required for those purposes, may —
a
dispose of such land or interests in it in such manner, for such period, upon such conditions and for such consideration, as they think fit; and
b
develop such land (alone or with others) with a view to disposing of that land as aforesaid and may acquire other land by agreement for the purpose of developing it together with the first-mentioned land.
Remuneration and expenses of members
4
The Authority may pay to each member of the Authority such reasonable remuneration, allowances and expenses as the Authority may determine.
Power to dredge
5
1
The Authority may deepen, widen, dredge, scour and improve the bed and foreshore of the harbour and of the approaches to the harbour and may blast any rock within the harbour or in the approaches thereto.
2
Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) taken up or collected in the course of such operations shall be the property of the Authority and may be used, sold, removed, deposited or otherwise disposed of as the Authority may think fit:
Provided that the Authority shall not lay down or deposit any materials below the level of high water except in such position as the Secretary of State may approve and subject to such conditions and restrictions as he may impose.
3
In the exercise of the powers of this article the Authority shall not —
a
interfere with or damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
b
do anything which will obstruct or impede any work relating to the inspection or repair of such apparatus;
without the consent of the statutory undertaker concerned.
4
The powers of the Authority under this article shall be exercisable subject to the provisions of article 9 (Crown rights) of this Order and in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions, including the payment by the Authority to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Authority under this article or in respect of any place below the level of high water upon which materials may be deposited, as may be fixed by the Crown Estate Commissioners.
5
In this article “statutory undertaker” means —
a
any person who is a statutory undertaker within the meaning of section 275(1) of the Town and Country Planning (Scotland) Act 1972 ;
b
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; or
c
any operator of a telecommunication code system; and in this sub-paragraph “operator” and “telecommunication code system” have the same meaning as in the Telecommunications Act 1984 .
Charges on certain floating articles
6
In addition to their power to demand, take and recover ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Authority may demand, take and recover in respect of any floating manufactured article (not being a ship within the meaning of the said Act) entering, using or leaving the harbour such dues as they think fit; and the provisions of sections 30 and 31 of the said Act shall, with any necessary modifications, apply to the dues authorised by this article as they apply to ship, passenger and goods dues.
Charges for services and facilities
7
1
The Authority may in relation to the harbour undertaking demand, take and recover in respect of anything done or provided by them or on their behalf such reasonable charges as they may determine.
2
In paragraph (1) above “charges” does not include ship, passenger and goods dues as defined in section 57 of the Harbours Act 1964.
Amendments and repeals
8
1
The provisions of the Orders referred to in column (1) of Schedule 1 to this Order shall have effect subject to the amendments specified in column (2) of that Schedule.
2
The enactments specified in Schedule 2 to this Order are hereby repealed to the extent specified in column (3) of that Schedule.
Crown rights
9
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular nothing herein contained authorises the Authority to take use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
11th June 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Gipsy Encampments (Borough of Holderness) Order 1993 and shall come into force on 23rd November 1993.
2
The area of the Borough of Holderness is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
26th October 1993


text:
1
This Order may be cited as the County of Wiltshire (Electoral Arrangements) Order 1993.
2
This Order shall come into force on 6th May 1993, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day it shall come into force forthwith.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE COUNTY OF WILTSHIRE (ELECTORAL ARRANGEMENTS) ORDER 1993” and deposited with the Secretary of State.
2
Copies of the map marked “COPY OF THE MAP REFERRED TO IN THE COUNTY OF WILTSHIRE (ELECTORAL ARRANGEMENTS) ORDER 1993” shall be deposited with the Council of the County of Wiltshire and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing electoral divisions of the County of Wiltshire shall be abolished and that County shall be divided into sixty-eight electoral divisions which —
a
in the case of the divisions situated within the Borough of Thamesdown, shall bear the names set out in Part II of the Schedule to this Order, and
b
in the case of the remaining divisions, shall bear the names set out in column 1 of Part I of that Schedule.
2
Each electoral division (as constituted by this Order) which is situated in the Borough of Thamesdown shall comprise the area designated on the map by reference to the name of the electoral division and demarcated by blue lines thereon.
3
Each electoral division (as constituted by this Order) other than those situated in the Borough of Thamesdown shall comprise the existing areas specified in column 2 of Part I of the Schedule to this Order opposite to the name of the electoral division set out in column 1 of that Part.
5
Each registration officer shall make such re-arrangement of, or adaptation to, the register of local government electors as may be necessary on account of the coming into force of this Order.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
9th March 1993


text:
1
This Order may be cited as the Finance Act 1993 (Appointed Day) Order 1993.
2
Paragraph 4 of Schedule 2 to the Finance Act 1993 shall apply in relation to interest on amounts assessed or, as the case may be, paid on or after 1st October 1993.
Kenneth Clarke
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 1993


text:
Citation and commencement
1
This Order may be cited as the Guy’s and Lewisham National Health Service Trust Dissolution Order 1993 and shall come into force on 1st April 1993.
Dissolution of NHS Trust
2
The Guy’s and Lewisham National Health Service Trust is hereby dissolved, and accordingly the Guy’s and Lewisham National Health Service Trust (Establishment) Order 1990 is hereby revoked.
Virginia Bottomley
Secretary of State for Health
11th March 1993


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) Order 1993 and shall come into force on 6th August 1993.
2
The provisions of this Order apply for the purpose of ascertaining the achievements of pupils who are in the final year of the third key stage in relation to the attainment targets in the core subjects for that key stage.
3
This Order applies to maintained schools in England only.
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992 is revoked.
Interpretation
3
1
In this Order —
“the assessment authority” means the School Examinations and Assessment Council and, following its dissolution by section 246 of the Education Act 1993, the School Curriculum and Assessment Authority established by section 244 of that Act and includes any person or body appointed by either such authority to discharge the authority’s functions under this Order;
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 4(2)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the core subjects” means English, mathematics and science;
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC tests timetable” means a timetable for the administration of NC tests, being respectively tests and a timetable laid down in provisions made by the Secretary of State under article 9 which have been published by Her Majesty’s Stationery Office;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study;
“specified” means specified in relation to the third key stage by a section 4(2)(a) and (b) order;
“spring term” and “summer term” mean the second and third terms respectively in a school year;
references to the third key stage are references to the period set out in paragraph (c) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
Teacher assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in each year in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and in the subject as calculated in accordance with article 7.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and of his level in the subject so calculated.
5
In making an assessment of a pupil pursuant to this article a teacher may take into account results of any previous assessment of the pupil (whether or not made by that teacher).
NC test assessment
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in each core subject in accordance with the provisions of paragraph (2) of this article.
2
NC tests shall be administered to the pupil and marked in accordance with the provisions of the document in which they are published at the times specified in the relevant NC tests timetable and the results of the tests recorded as soon as reasonably practicable thereafter.
Verification of NC tests assessments
6
1
This article makes provision for the verification of NC test assessments by the assessment authority and the substitution for levels of attainment determined by such assessments marked by teachers of levels determined by the authority.
2
On request by the assessment authority the head teacher shall provide them with the results of NC test assessments of such number or proportion of pupils and in such subjects as they may require, together with the supporting material referred to in paragraph (3), to enable the authority to verify the test results.
3
The supporting material consists of the pupil’s written response to the NC test, the record of results made by the teacher who marked the test and such further material as the authority may reasonably require.
4
If after such verification the authority consider that the results of the assessments are accurate, they shall so notify the head teacher, and the levels of all pupils at the school determined by NC test assessments (whether or not verified) shall be the levels of the subject in question.
5
If after such verification the verifying authority consider that some of the results are inaccurate, they shall so notify the head teacher and, if they so request, the head teacher shall as soon as practicable —
a
arrange for the results considered to be inaccurate, together with such other results as the authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the authority for verification; and
b
provide the authority with the results of the NC test assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (3), for verification.
6
Where the assessment authority consider that a pupil’s NC test result is inaccurate, the level determined by the authority after verification shall be his level of attainment in the subject.
7
It shall be the duty of the head teacher and the governing body —
a
to permit the assessment authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this Order;
b
to permit the assessment authority to inspect and take copies of documents and other articles relating to NC test assessment; and
c
to provide to the authority such information relating to such assessment as it may reasonably request.
Determination of attainment by subject: teacher assessment
7
1
Subject to article 8 the provisions of this article regulate the aggregation of AT levels of attainment determined by teacher assessment to calculate subject levels of attainment.
2
In the case of English a pupil’s level of attainment in the subject shall be the average of his levels in ATs 1, 2 and 3 (that is: speaking and listening, reading and writing).
3
In the case of mathematics and science, a pupil’s level of attainment in each subject shall be the average of his levels in each AT.
Pupils not subject to provisions of the National Curriculum
8
1
Article 7 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where AT1, AT2 or AT3 in English, or one AT in mathematics or science, does not apply to such a pupil, article 7 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where more than one of AT1, AT2 and AT3 in English, or more than one AT in mathematics and science, does not apply to such a pupil, article 7 shall not apply to him.
Supplementary powers of the Secretary of State
9
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular provisions as to NC tests for the purpose mentioned in the definition of such tests in article 3(1) and as to the time when and the manner in which the tests are to be taken.
Emily Blatch
Minister of State,
Department for Education
5th August 1993


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Amendment) Regulations 1993 and shall come into force on 1st January 1994.
Interpretation
2
In these Regulations —
“the Management Act ” means the Taxes Management Act 1970 ;
“the principal Regulations ” means the Stamp Duty Reserve Tax Regulations 1986 ;
“regulation” means a regulation of the principal Regulations;
“the Schedule” means the Schedule to the principal Regulations.
Amendments to regulations 8, 12, 13 and 18 of the principal Regulations
3
In regulation 8 for paragraph (4) there shall be substituted —
4
An appeal on any question as to the value of land in the United Kingdom may be to the appropriate tribunal.
4A
If and so far as the question in dispute on any appeal under this regulation to the Special Commissioners or the High Court is a question as to the value of land in the United Kingdom, the question shall be determined on a reference to the appropriate tribunal.
4B
In this regulation “the appropriate tribunal” means —
a
where the land is in England or Wales, the Lands Tribunal;
b
where the land is in Scotland, the Lands Tribunal for Scotland;
c
where the land is in Northern Ireland, the Lands Tribunal for Northern Ireland.
.
4
In regulation 12(3) for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) to (4B)”.
5
In regulation 13(3) for the words “fraud, wilful default or neglect” and for the words “fraud, default or neglect” there shall be substituted in each place the words “fraudulent or negligent conduct”.
6
In regulation 18(3) for the words “fraud, wilful default or neglect” in each place where they occur there shall be substituted the words “fraudulent or negligent conduct”.
Amendments to Part I of the Schedule
7
1
The Table in Part I of the Schedule (which applies the provisions of the Management Act specified in the first column of that Table subject to any modification specified in the second column of that Table) shall be amended as follows.
2
After the entries relating to section 26 there shall be inserted —
46A
1
Omit paragraphs (a) and (b) and the words “General Commissioners or” in paragraph (c); and for the words “appeals or other proceedings under the Taxes Acts” substitute “an appeal against a determination”.
2
—
3
—
4
— .
.
3
After the entries relating to section 53 there shall be inserted —
56B
1
—
2
Before the word “Commissioners” wherever it occurs insert “Special”.
3
Before the word “Commissioners” in both places where it occurs insert “Special”.
4
—
5
—
6
—
56C
—
56D
—
60
— .
.
4
For the entries relating to section 63 there shall be substituted —
63
1
—
2
—
63A
1
—
2
— .
.
5
For the entry relating to section 65(1) there shall be substituted —
65
1
For paragraphs (a) and (b) there shall be substituted “the amount of any tax for the time being due and payable is less than £1,000,”.
.
6
For the entry relating to section 66(1) there shall be substituted —
66
1
For the words “any assessment” substitute “the Act”.
.
7
The entry relating to section 86(6) shall be omitted.
8
For the entries relating to subsections (2) and (5) of section 93 there shall be substituted —
2
For the words “comply with” substitute “give”; for the words the “year of assessment” to “it was served” substitute “a period of one year beginning on the last day on which the notice should have been given”; and for the words “so much of the tax” to the end substitute “the amount of the tax which he should have paid by the date by which he should have given the notice”.
5
— .
.
9
For the entry relating to section 98 there shall be substituted —
98
1
Omit the words “Subject to the provisions of this section and section 98A below,”.
2
Omit the words “Subject to section 98A below”.
3
—
4
—
Table Omit the provisions specified in the first and second columns of the Table and the words at the end of the Table and insert the following provisions —
Section 23 of this Act; The Stamp Duty Reserve Tax Regulations 1986 (other than regulation 4). Section 25(1), (2), (3), (4), (5), (8) and (9) of this Act ; Section 26 of this Act; Section 51 of this Act; The Stamp Duty Reserve Tax Regulations 1986.
.
10
For the entry relating to section 99 there shall be substituted —
99
For the words “preparation or delivery” substitute “giving”; for the words “information, return, accounts or other document” substitute “notice under regulation 4, or any information under regulation 5, of the Stamp Duty Reserve Tax Regulations 1986”; and omit paragraph (a).
.
11
For the entries relating to section 100 there shall be substituted —
100
1
Before the word “Commissioners” insert “Special”; and for the words “the Taxes Acts” substitute “this Act”.
2
In paragraph (a) for the words “section 93(1) above” onwards substitute “section 93(1)(a) above, or”; omit paragraph (b); in paragraph (c) for the words “section 98(1) above” onwards substitute “section 98(1)(i) above”; omit paragraphs (d) and (e).
3
—
4
—
5
—
100A
1
—
2
—
3
Omit the words “in an assessment”.
100B
1
For the words from “this Act” onwards substitute “the Stamp Duty Reserve Tax Regulations 1986 relating to appeals against determinations specified in notices under regulation 6 of those Regulations (“regulation 6 determinations”) shall have effect in relation to an appeal againstsuch a determination as they have effect in relation to appeals againstregulation 6 determinations”.
2
Omit the words “section 50(6) to (8) of this Act shall not apply but”; and before the word “Commissioners” in both places where it occurs insert “Special”.
3
For the words “section 56 of this Act” substitute “regulation 10 of the Stamp Duty Reserve Tax Regulations 1986”; and before the word “Commissioners” in both places where it occurs insert “Special”.
100C
1
Omit the words “General or”.
2
Before the word “Commissioners” insert “Special”.
3
Before the word “Commissioners” insert “Special”; and omit the words “in an assessment”.
4
—
5
—
100D
—
.
12
For the entries relating to section 103 there shall be substituted —
103
1
Omit the words “Subject to subsection (2) below” and the words “for any period”; and before the word “Commissioners” insert “Special”.
3
—
4
Before the word “Commissioners” insert “Special”.
.
13
In the entries relating to subsections (1) and (2) of section 114 , in the second column of the Table for the words “An assessment” in each place where they occur there shall be substituted the words “An assessment or determination”.
Amendments to Part II of the Schedule
8
1
Part II of the Schedule (which restates the provisions of the Management Act specified in Part I of the Schedule as modified where appropriate) shall be amended as follows.
2
In Part V of the Management Act before section 50 (as modified) there shall be inserted —
Regulations about jurisdiction.
46A
1
The Lord Chancellor may, with the consent of the Lord Advocate, make regulations —
c
as to the number of Special Commissioners required or permitted to hear, or perform other functions in relation to, an appeal against a determination.
2
The Regulations may —
a
make different provision for different cases or different circumstances, and
b
contain such supplementary, incidental, consequential and transitional provision as the Lord Chancellor thinks appropriate.
3
Provision made by virtue of subsection (1) or (2) above may include provision amending this or any other Act or any instrument made under an Act.
4
Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
.
3
After section 53 (as modified) in Part V of the Management Act there shall be inserted —
Regulations about practice and procedure.
56B
1
The Lord Chancellor may, with the consent of the Lord Advocate, make regulations about the practice and procedure to be followed in connection with appeals.
2
The regulations may in particular include provision —
a
enabling the Special Commissioners to join as a party to an appeal a person who would not otherwise be a party;
b
for requiring any party to an appeal to provide information and make documents available for inspection by the Special Commissioners or by officers of the Board;
c
for requiring persons to attend the hearing of an appeal to give evidence and produce documents;
d
as to evidence generally in relation to appeals;
e
enabling the Special Commissioners to review their decisions;
f
for the imposition of penalties not exceeding an amount specified in the regulations;
g
for the determination and recovery of penalties (imposed by virtue of paragraph (f) above or any other enactment) and for appeals against penalties.
3
The regulations may also include provision —
a
authorising or requiring the Special Commissioners, in circumstances prescribed in the regulations, to state a case for the opinion of a court;
b
for an appeal to lie to a court on a question of law arising from a decision of the Special Commissioners;
c
as to the practice and procedure to be followed in connection with cases so stated or such appeals.
4
The regulations may —
a
make different provision for different cases or different circumstances, and
b
contain such supplementary, incidental, consequential and transitional provision as the Lord Chancellor thinks appropriate.
5
Provision made by virtue of any of subsections (1) to (4) above may include provision amending this or any other Act or any instrument made under an Act.
6
Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Power of Special Commissioners to order costs.
56C
1
Regulations made under section 56B above may include provision for —
a
the award by the Special Commissioners of the costs of, or incidental to, appeal hearings before them,
b
the recovery of costs so awarded, and
c
appeals against such awards.
2
Any provision made by virtue of subsection 1(a) above shall provide that the Special Commissioners shall not award costs against a party to an appeal unless they consider that he has acted wholly unreasonably in connection with the hearing in question.
Power of Special Commissioners to publish reports of decisions.
56D
1
Regulations made under section 56B above may include provision for the Special Commissioners to publish reports of such of their decisions as they consider appropriate.
2
Any provision made by virtue of subsection (1) above shall provide that any report published, other than a report of an appeal that was heard in public, shall be in a form that so far as possible prevents the identification of any person whose affairs are dealt with in the report.
3
No obligation of secrecy to which the Special Commissioners are subject (by virtue of this Act or otherwise) shall prevent their publishing reports of their decisions in accordance with any provision made by virtue of subsection (1) above.
.
4
In Part VI of the Management Act before section 61 there shall be inserted —
Issue of demand notes and receipts.
60
1
Every collector shall, when the tax becomes due and payable, make demand of the respective sums given to him in charge to collect, from the persons charged therewith, or at the places of their last abode, or on the premises in respect of which the tax is charged, as the case may require.
2
On payment of the tax, the collector shall if requested give a receipt.
.
5
For section 63 (as modified) there shall be substituted —
Recovery of tax in Scotland.
63
1
Subject to subsection (3) below, in Scotland, where any tax is due and has not been paid, the sheriff, on an application by the collector accompanied by a certificate by the collector —
a
stating that none of the persons specified in the application has paid the tax due by him;
b
stating that the collector has demanded payment under section 60 of this Act from each such person of the amount due by him;
c
stating that 14 days have elapsed since the date of such demand without payment of the said amount; and
d
specifying the amount due and unpaid by each such person,
shall grant a summary warrant in a form prescribed by Act of Sederunt authorising the recovery, by any of the diligences mentioned in subsection (2) below, of the amount remaining due and unpaid.
2
The diligences referred to in subsection (1) above are —
a
a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987;
b
an earnings arrestment;
c
an arrestment and action of furthcoming or sale.
.
6
After section 63 (as substituted by paragraph (5) above) there shall be inserted —
Sheriff officer’s fees and outlays.
63A
1
Subject to subsection (2) below and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987 (expenses of poinding and sale), the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant shall be chargeable against the debtor.
2
No fee shall be chargeable by the sheriff officer against the debtor for collecting, and accounting to the collector for, sums paid to him by the debtor in respect of the amount owing.
.
7
For subsection (1) of section 65 (as modified) there shall be substituted —
Magistrates' Courts.
65
1
Where the amount of any tax for the time being due and payable is less than £1,000, the tax shall, without prejudice to any other remedy, be recoverable summarily as a civil debt by proceedings commenced in the name of a collector.
.
8
For subsection (1) of section 66 (as modified) there shall be substituted —
County courts.
66
1
Tax due and payable under the Act may, in England and Wales, and in Northern Ireland where the amount does not exceed the limit specified in Article 10(1) of the County Courts (Northern Ireland) Order 1980, without prejudice to any other remedy, be sued for and recovered from the person charged therewith as a debt due to the Crown by proceedings in a county court commenced in the name of a collector.
.
9
Subsection (6) of section 86 shall be omitted.
10
For subsections (2) and (5) of section 93 (as modified) there shall be substituted —
2
If a failure by a person to give a notice such as is referred to in subsection (1) above continues after the end of a period of one year beginning on the last day on which the notice should have been given then, without prejudice to any penalty under subsection (1) above, he shall be liable to a penalty of an amount not exceeding the amount of the tax which he should have paid by the date by which he should have given the notice.
5
No penalty shall be imposed under subsection (1) above in respect of a failure at any time after the failure has been remedied.
.
11
For section 98 (as modified) there shall be substituted —
Special returns, etc.
98
1
Where any person —
a
has been required, by a notice served under or for the purposes of any of the provisions specified in the first column of the Table below, to deliver any return or other document, to furnish any particulars, to produce any document, or to make anything available for inspection, and he fails to comply with the notice, or
b
fails to furnish any information, give any certificate or produce any document or record in accordance with any of the provisions specified in the second column of the Table below,
he shall be liable, subject to subsections (3) and (4) below —
i
to a penalty not exceeding £300, and
ii
if the failure continues after a penalty is imposed under paragraph (i) above, to a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under paragraph (i) above was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).
2
Where a person fraudulently or negligently furnishes, gives, produces or makes any incorrect information, certificate, document, record or declaration of a kind mentioned in any of the provisions specified in either column of the Table below, he shall be liable to a penalty not exceeding £3,000.
3
No penalty shall be imposed under subsection (1) above in respect of a failure within paragraph (a) of that subsection at any time after the failure has been remedied.
4
No penalty shall be imposed under paragraph (ii) of subsection (1) above in respect of a failure within paragraph (b) of that subsection at any time after the failure has been remedied.
TABLE
1 2
Section 23 of this Act; Section 25(1), (2), (3), (4), (5), (8) and (9) of this Act; The Stamp Duty Reserve Tax Regulations 1986 (other than regulation 4). Section 26 of this Act; Section 51 of this Act; The Stamp Duty Reserve Tax Regulations 1986.
.
12
For section 99 (as modified) there shall be substituted —
Assessing in giving incorrect notice etc.
99
Any person who assists in or induces the giving of any notice under regulation 4, or any information under regulation 5, of the Stamp Duty Reserve Tax Regulations 1986 which he knows to be incorrect shall be liable to a penalty not exceeding £3,000.
.
13
For section 100 (as modified) there shall be substituted —
Determination of penalties by officer of Board.
100
1
Subject to subsection (2) below and except where proceedings for a penalty have been instituted under section 100D below or a penalty has been imposed by the Special Commissioners under section 53 of this Act, an officer of the Board authorised by the Board for the purposes of this section may make a determination imposing a penalty under any provision of this Act and setting it at such amount as, in his opinion, is correct or appropriate.
2
Subsection (1) above does not apply where the penalty is a penalty under —
a
section 93(1)(a) above, or
c
section 98(1)(i) above.
3
Notice of a determination of a penalty under this section shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within which an appeal against the determination may be made.
4
After the notice of a determination under this section has been served the determination shall not be altered except in accordance with this section or on appeal.
5
If it is discovered by an officer of the Board authorised by the Board for the purposes of this section that the amount of a penalty determined under this section is or has become insufficient the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.
Provisions supplementary to section 100.
100A
1
Where a person who has incurred a penalty has died, a determination under section 100 above which could have been made in relation to him may be made in relation to his personal representatives, and any penalty imposed on personal representatives by virtue of this subsection shall be a debt due from and payable out of his estate.
2
A penalty determined under section 100 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of determination.
3
A penalty determined under section 100 above shall for all purposes be treated as if it were tax charged and due and payable.
Appeals against penalty determination.
100B
1
An appeal may be brought against the determination of a penalty under section 100 above and, subject to the following provisions of this section, the provisions of the Stamp Duty Reserve Tax Regulations 1986 relating to appeals against determinations specified in notices under regulation 6 of those Regulations (“regulation 6 determinations”) shall have effect in relation to an appeal against such a determination as they have effect in relation to appeals against regulation 6 determinations.
2
On an appeal against the determination of a penalty under section 100 above —
a
in the case of a penalty which is required to be of a particular amount, the Special Commissioners may —
i
if it appears to them that no penalty has been incurred, set the determination aside,
ii
if the amount determined appears to them to be correct, confirm the determination, or
iii
if the amount determined appears to them to be incorrect, increase or reduce it to the correct amount,
b
in the case of any other penalty, the Special Commissioners may —
i
if it appears to them that no penalty has been incurred, set the determination aside,
ii
if the amount determined appears to them to be appropriate, confirm the determination,
iii
if the amount determined appears to them to be excessive, reduce it to such other amount (including nil) as they consider appropriate, or
iv
if the amount determined appears to them to be insufficient, increase it to such amount not exceeding the permitted maximum as they consider appropriate.
3
Without prejudice to regulation 10 of the Stamp Duty Reserve Tax Regulations 1986, an appeal from a decision of the Special Commissioners against the amount of a penalty which has been determined under section 100 above or this section shall lie, at the instance of the person liable to the penalty, to the High Court or, in Scotland, to the Court of Session as the Court of Exchequer in Scotland; and on that appeal the court shall have the like jurisdiction as is conferred on the Special Commissioners by virtue of this section.
Penalty proceedings before Commissioners.
100C
1
An officer of the Board authorised by the Board for the purposes of this section may commence proceedings before the Special Commissioners for any penalty to which subsection (1) of section 100 above does not apply by virtue of subsection (2) of that section.
2
Proceedings under this section shall be by way of information in writing, made to the Special Commissioners, and upon summons issued by them to the defendant (or defender) to appear before them at a time and place stated in the summons; and they shall hear and decide each case in a summary way.
3
Any penalty determined by the Special Commissioners in proceedings under this section shall for all purposes be treated as if it were tax charged and due and payable.
4
An appeal against the determination of a penalty in proceedings under this section shall lie to the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland —
a
by any party on a question of law, and
b
by the defendant (or, in Scotland, the defender) against the amount of the penalty.
5
On any such appeal the court may —
a
if it appears that no penalty has been incurred, set the determination aside,
b
if the amount determined appears to be appropriate, confirm the determination,
c
if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the court considers appropriate, or
d
if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the court considers appropriate.
Penalty proceedings before court.
100D
1
Where in the opinion of the Board the liability of any person for a penalty arises by reason of the fraud of that or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of the Exchequer in Scotland.
2
Proceedings under this section which are not instituted (in England, Wales or Northern Ireland) under the Crown Proceedings Act 1947 by and in the name of the Board as an authorised department for the purposes of that Act shall be instituted —
a
in England and Wales, in the name of the Attorney General,
b
in Scotland, in the name of the Lord Advocate, and
c
in Northern Ireland, in the name of the Attorney General for Northern Ireland.
3
Any proceedings under this section instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part II of the Crown Proceedings Act 1947 and any such proceedings instituted in Northern Ireland shall be deemed to be civil proceedings within the meaning of that Part of that Act as for the time being in force in Northern Ireland.
4
If in proceedings under this section the court does not find that fraud is proved but consider that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.
.
14
For section 103 (as modified) there shall be substituted —
Time limits for penalties.
103
1
Where the amount of a penalty is to be ascertained by reference to tax payable by a person, the penalty may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the Special Commissioners or a court —
a
at any time within six years after the date on which the penalty was incurred, or
b
at any later time within three years after the final determination of the amount of tax by reference to which the amount of the penalty is to be ascertained.
3
A penalty under section 99 of this Act may be determined by an officer of the Board, or proceedings for such a penalty may be commenced before a court, at any time within twenty years after the date on which the penalty was incurred.
4
A penalty to which neither subsection (1) nor subsection (3) above applies may be so determined, or proceedings for such a penalty may be commenced before the Special Commissioners or a court, at any time within six years after the date on which the penalty was incurred or began to be incurred.
.
Two of the Lords Commissioners of Her Majesty’s Treasury
Tim Wood
Timothy Kirkhone
10th December 1993


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) (No. 3) Regulations 1993 and shall come into force on 1st January 1994.
2
The Local Authorities (Capital Finance) Regulations 1990 shall be amended in accordance with the provisions of these Regulations.
Leases and contracts which are not credit arrangements
3
In regulation 6–
a
in paragraph (1)–
i
the following shall be substituted for sub–paragraph (d)–
d
it is a lease of land assigned to the local authority by a new town corporation;
; and
ii
the following sub–paragraph shall be added after sub–paragraph (e)–
or
f
the local authority become the lessees by virtue of an order under Part IV of the Local Government Act 1972, regulations under section 67 of that Act or an agreement or award under section 68 of that Act.
;
b
in paragraph (4), the following paragraph shall be substituted for paragraph (a)–
a
it is a contract between a local authority and a new town corporation which is entered into by the corporation by virtue of section 36 of the New Towns Act 1981 or in accordance with regulations made under section 172(1);
;
c
in paragraph (7), the following shall be substituted for sub–paragraph (b)–
b
at the time they become the lessees or enter into the contract, the local authority estimate that the value of all the consideration which has been or falls to be given by them in respect of–
i
the lease or contract; or
ii
that lease or contract and any other lease or contract which they have entered into with the same person, or any associate of his, in the same financial year,
does not exceed £10,000.
; and
d
in paragraph (8)–
i
in sub–paragraph (a), the word “has” shall be substituted for the words
and “housing stock” have
; and
ii
after sub–paragraph (b), the following shall be added–
c
two persons are associates of each other if–
i
one of them is a subsidiary (within the meaning of the Companies Act 1985) of the other; or
ii
they are both subsidiaries (within that meaning) of some other person.
.
Sums to be capital receipts
4
In regulation 12, the following paragraph shall be added after paragraph (c)–
and
d
in so far as they would not be capital receipts by virtue of section 58(1)(a), any sums received by the authority in respect of an interim or final payment made in accordance with Schedule 6A to the Housing Act 1985 (redemption of landlord’s share).
.
Capital receipts to be treated as reduced: disposal of certain dwellings
5
In regulation 16–
a
in paragraph (2)–
i
the words “, other than a disposal to which paragraph (2A) below applies,” shall be inserted after the words “an interest in a dwelling”; and
ii
the words from “provided that” to the end shall be deleted;
b
the following paragraphs shall be inserted after paragraph (2)–
2A
Subject to paragraph (2B) below, this paragraph applies to the disposal of a dwelling which has at any time been occupied under a secure tenancy or of which the authority have at any time granted a lease, other than a shared ownership lease.
2B
Paragraph (2A) above does not apply to the disposal of a dwelling where–
a
the dwelling is a house (within the meaning of section 44(3) of the Housing Act 1985) which was acquired by the authority following a relevant previous disposal of the dwelling made more than five years before the disposal mentioned in paragraph (2) above; and
b
a lease of the dwelling had been granted, or the dwelling had been occupied under a secure tenancy, at any time before the relevant previous disposal.
; and
c
in paragraph (6), the following definition shall be inserted after the definition of “relevant date”–
“relevant previous disposal” means a disposal which was made by the authority in pursuance of Part V of the Housing Act 1985 or Chapter I of Part I of the Housing Act 1980 or, with a relevant consent, to a person who, at the time of the disposal, occupied, or intended to occupy, the dwelling in question as his only or principal home and, for these purposes, “relevant consent” means a consent given by the Secretary of State to local authorities generally under section 32 or 43 of the Housing Act 1985, section 22 of the Housing and Building Control Act 1984 or section 104 of the Housing Act 1957;
.
Capital receipts to be treated as reduced: further provision
6
After regulation 19A (disposal of former residuary body assets) the following regulations shall be added–
Capital receipts to be treated as reduced: disposal of land in respect of which additional compensation payable
19B
1
Capital receipts which are received by a local authority and are of a description specified in paragraph (2) below shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraphs (3) and (4) below.
2
For the purposes of paragraph (1) above, capital receipts are specified where–
a
they derive from the disposal of an interest in land which had previously been compulsorily acquired or sold as described in paragraph (a) of subsection (1) of section 23 of the Land Compensation Act 1961;
b
a planning decision has been made as mentioned in that paragraph or a planning permission has been granted or is deemed to have been granted as mentioned in column 1 of the table in subsection (1) of section 25 of that Act; and
c
a claim for compensation (“relevant compensation”) under section 23 of that Act in respect of that planning decision, or under that section as applied by subsection (1) of section 25 of that Act in relation to that planning permission, has been duly made before the date on which the capital receipt is received.
3
For the purposes of paragraph (1) above, the amount of the reduction is the amount of relevant compensation paid by the authority or, where no such compensation has yet been paid, the amount which appears to the authority to be payable by them.
4
Paragraphs (5) and (6) of regulation 15 shall apply in relation to the amount of any reduction determined in accordance with this regulation as they apply in relation to the amount of any reduction determined in accordance with regulation 15.
Capital receipts to be treated as reduced: disposal of land whose value is increased by expenditure incurred by authority
19C
1
Capital receipts of a description specified in paragraph (2) below shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraphs (3) and (4) below.
2
For the purposes of paragraph (1) above, capital receipts derived from a disposal by a local authority of an interest in land are specified where–
a
before making the disposal, the authority incurred expenditure on–
i
obtaining planning permission for the carrying out of development of the land; or
ii
preparing the land for, or otherwise facilitating, the carrying out of any such development; or
iii
acquiring an interest, easement, servitude or right in or over the land or adjoining land for the purpose of facilitating the disposal of the interest; and
b
the total of the capital receipts derived from the disposal is greater, by an amount which is not less than the amount of the expenditure, than it would have been if the authority had not incurred the expenditure.
3
For the purposes of paragraph (1) above, the amount of the reduction is the aggregate of–
a
the amount of any costs incurred by the authority in connection with the disposal; and
b
the amount of the expenditure incurred by the authority on any of the matters mentioned in paragraph (2)(a)(i) to (iii) above other than so much of any such expenditure in respect of which a payment by way of contribution, grant or subsidy has been made by–
i
a Minister of the Crown;
ii
a body to whom such a Minister may pay sums out of moneys provided by Parliament; or
iii
a Community institution.
4
Paragraphs (5) and (6) of regulation 15 shall apply in relation to the amount of any reduction determined in accordance with this regulation as they apply to the amount of any reduction determined under regulation 15.
.
Capital receipts not wholly in money paid to the authority
7
In regulation 20, in paragraphs (7) and (8), “19A, 19B or 19C” shall be substituted for “or 19A”.
Reserved part of capital receipts: England and Wales
8
In Part I of Schedule 1–
a
in paragraph 1, the following sub–paragraph shall be inserted after sub– paragraph (a)–
aa
was acquired by the local authority in a public airport company (within the meaning of Part II of the Airports Act 1986) on or after that date–
i
by way of consideration for the transfer to the company of any property or rights of the authority; or
ii
in advance of such a transfer by virtue of a scheme under section 15 of that Act; or
; and
b
after paragraph 5A there shall be added, in column (1), “5B. Sums which are capital receipts by virtue of regulation 12(d).” and, in column (2), “75%”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
7th December 1993
John Redwood
Secretary of State for Wales
6th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Change of Name) Order 1993 and shall come into force on 24th April 1993.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Cornwall and Isles of Scilly Mental Handicap National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called The Cornwall and Isles of Scilly Learning Disabilities National Health Service Trust instead of the Cornwall and Isles of Scilly Mental Handicap National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust” and in article 2 of the Order for the words “Mental Handicap” there shall be substituted the words “Learning Disabilities”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
14th April 1993


text:
1
This Order may be cited as the Finance Act 1993, section 12, (Appointed Day) Order 1993.
2
The day appointed as the day on which section 12 of the Finance Act 1993 comes into force (with the exception of subsections (1), (3) and (7) of that section) is 13th September 1993.
3
The day appointed as the day on which section 12 of the Finance Act 1993 comes into force (insofar as it is not then already in force) is 15th October 1993.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House
22 Upper Ground
London
SE1 9PJ
9th September 1993


text:
Citation and commencement
1
This Order may be cited as the Barts National Health Service Trust Dissolution Order 1993 and shall come into force on 31st March 1993.
Dissolution of NHS Trust
2
The Barts National Health Service Trust is hereby dissolved, and accordingly the Barts National Health Service Trust (Establishment) Order 1991 is hereby revoked.
Virginia Bottomley
Secretary of State for Health
11th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No.2) Regulations 1993 and shall come into force on 13th September 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (prescription of diseases and injuries and occupations for which they are prescribed), after paragraph (c), there shall be added the following paragraph —
d
the disease specified in paragraph D12 of Part I of Schedule 1 is not prescribed in relation to persons to whom regulation 22 applies.
.
Amendment of regulation 4 of the principal Regulations
3
In regulation 4 of the principal Regulations (presumption that a disease is due to the nature of employment) —
a
in paragraph (1), for “and D5” there shall be substituted “, D5 and D12”; and
b
after paragraph (5) there shall be added the following paragraph —
6
Where a person in relation to whom chronic bronchitis or emphysema is prescribed in paragraph D12 of Schedule 1 develops chronic bronchitis or emphysema, the disease shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment.
.
Amendment of regulations 6 and 7 of the principal Regulations
4
In paragraph (2)(a) and (b) of regulation 6 and paragraph (1) of regulation 7 of the principal Regulations (date of onset and recrudescence) for the words “or bilateral diffuse pleural thickening” in each place where they occur there shall be substituted the words “, bilateral diffuse pleural thickening or chronic bronchitis or emphysema”.
Amendment of regulation 22 of the principal Regulations
5
1
Regulation 22 of the principal Regulations (pneumoconiosis-effects of emphysema and chronic bronchitis) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), at the beginning, there shall be inserted the words “Except in the circumstances specified in paragraph (1A),”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
The circumstances referred to in paragraph (1) are that the person is entitled to industrial injuries disablement benefit on account of the disease set out in paragraph D12 of Part I of Schedule 1.
.
Amendment of Schedule 1 to the principal Regulations
6
In Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed), after the entry relating to disease D11 (primary carcinoma of the lung where there is accompanying evidence of silicosis) there shall be inserted the following entry
D12
Except in the circumstances specified in regulation 2(d),
a
chronic bronchitis; or
b
emphysema; or
c
both
where there is accompanying evidence of —
coal dust retention demonstrated by a chest radiograph to at least the level of Category 1 in the International Labour Office’s publication “The Classification of Radiographs of Pneumoconioses” Revised Edition 1980, 8th Impression 1992 published at Geneva; and
a forced expiratory volume in one second at least one litre below the mean value predicted in accordance with “Lung Function: Assessment and Application in Medicine” by J. E. Cotes, 4th Edition 1979 published at Oxford by Blackwell Scientific Publications Limited ( ISBN 0-632-00033-3) for a person of the claimant’s age, height and sex, measured from the position of maximum inspiration with the claimant making maximum effort.
Exposure to coal dust by reason of working underground in a coal mine for a period of, or periods amounting in the aggregate to, at least 20 years (whether before or after 5th July 1948).
.
Amendment of regulation 11 of the Social Security (General Benefit) Regulations 1982
7
Regulation 11 of the Social Security (General Benefit) Regulations 1982 (further definition of the principles of assessment of disablement and prescribed degrees of disablement) shall be amended as follows —
a
at the beginning of paragraphs (3), (4) and (5) there shall be inserted the words “Subject to paragraphs (5A) and (5B)”; and
b
after paragraph (5) there shall be inserted the following paragraphs —
5A
Where —
a
a person has an award of industrial injuries disablement benefit in respect of the disease specified in paragraph D1 of Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (in this paragraph and in paragraph (5B) referred to as “disease D1”); and
b
by virtue of either paragraph (3) or (4) that award takes account of disablement resulting from the effects of chronic bronchitis or emphysema, not being chronic bronchitis or emphysema prescribed in paragraph D12 of Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (in this paragraph and paragraph (5B) referred to as “disease D12”); and
c
after the date on which the award referred to in sub-paragraph (a) of this paragraph was made the person becomes entitled to industrial injuries disablement benefit in respect of disease D12,
then, during any period when such disablement benefit is payable in respect of disease D12, paragraphs (3), (4) and (5) shall not apply to the assessment in respect of disease D1 for the purpose of assessing the extent of disablement resulting from disease D12.
5B
Where —
a
a person has an award of industrial injuries disablement benefit in respect of the disease D12; and
b
by virtue of either paragraph (3) or (4) that award takes account of disablement resulting from the effects of pneumoconiosis, not being disease D1; and
c
after the date on which the award referred to in sub-paragraph (a) of this paragraph was made the person becomes entitled to industrial injuries disablement benefit in respect of disease D1,
then, during any period when such disablement benefit is payable in respect of disease D1, paragraphs (3), (4) and (5) shall not apply to the assessment in respect of disease D12 for the purpose of assessing the extent of disablement resulting from disease D1.
.
Amendment of the Social Security (Adjudication) Regulations 1986
8
1
The Social Security (Adjudication) Regulations 1986 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 29(2) (determination of medical questions), for “D9, D10 or D11” there shall be substituted “D9, D10, D11 or D12”.
3
In regulation 33(2) (disqualification from acting as an adjudicating medical authority etc. ), for “D9, D10 or D11” there shall be substituted “D9, D10, D11 or D12”.
4
In regulation 41(2)(b) (application of Part III of the 1975 Act and the Adjudication Regulations), for “D9, D10 and D11” there shall be substituted “D9, D10, D11 and D12”.
5
In regulation 42(1) (reference of diagnosis and recrudescence questions for medical report), for “D9, D10 and D11” there shall be substituted “D9, D10, D11 and D12”.
Transitional provision with respect to claims for prescribed disease D12
9
1
In this regulation —
“prescribed disease D12” means the disease bearing that number and listed in Part I of Schedule 1 to the principal Regulations (chronic bronchitis and emphysema);
“relevant claim” means a claim for benefit in respect of prescribed disease D12; and
“relevant date” means 13th September 1993 or the date upon which the claimant in question first satisfies the conditions specified in Schedule 1 to the principal Regulations in respect of prescribed disease D12, whichever is the later.
2
The provisions of the Social Security (Claims and Payments) Regulations 1987 shall apply in relation to a relevant claim subject to the following provisions of this regulation.
3
A person who is aged not less than 70 on 13th September 1993 may make a relevant claim at any time in the period beginning with 13th September 1993 and ending with 28th February 1994, and if so made the claim shall be treated as having been made on the relevant date.
4
A person who is aged less than 70 on 13th September 1993 and who, on the date the claim is made, has an award of attendance allowance at the higher rate under section 65(3) of the Social Security Contributions and Benefits Act 1992 or of the care component of disability living allowance at the highest rate under section 72(4) of that Act, may make a relevant claim at any time in the period beginning with 13th September 1993 and ending with 28th February 1994, and if so made the claim shall be treated as having been made on the relevant date.
5
A person who does not fall within either of paragraphs (3) and (4) above may not make a relevant claim before 1st March 1994, but if such a person, or a person falling within paragraph (4) above who has not previously made a relevant claim, makes a relevant claim in the period beginning with that day and ending with 31st August 1994 that claim shall be treated as having been made on the relevant date.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
5th August 1993


text:
Citation and commencement
1
1
This Order may be cited as the Croydon, Merton and Sutton (London Borough 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.
Interpretation
2
In this Orderany reference to Croydon, to Merton or to Sutton is a reference to the London borough of that name;
“the map” means one or more of the 9 maps prepared by the Department of the Environment, marked “Maps of the Croydon, Merton and Sutton (London Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers between Croydon and Merton
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Croydon, and from the ward named in column 3 to Merton, to the ward named in column 4 and to the Merton petty sessional area and the Inner West London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Croydon, and from the following ward — To Merton, and to the following ward —
A 9 Norbury Longthornton
A & C
C & D
8
7
Norbury Pollards Hill G 7 West Thornton Pollards Hill
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Merton, and from the ward named in column 3 to Croydon, to the ward named in column 4, and to the Croydon petty sessional area and the Southern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Merton, and from following ward — To Croydon, and to the the following ward —
B
A, B & E
F
8
7
7
Longthornton
Pollards Hill
Pollards Hill
Norbury
Norbury
West Thornton
Transfers between Merton and Sutton
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Merton, and from the ward named in column 3 to Sutton, to the ward named in column 4, and to the Sutton petty sessional area and the Southern London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Merton, and from following ward — To Sutton, and to the the following ward —
A, C, E & F 1 Lower Morden Sutton Common B 4 Phipps Bridge St. Helier North B & D 6 Phipps Bridge Wandle Valley A 5 Pollards Hill Beddington North
E
B & E
6
3
Ravensbury St. Helier North
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Sutton, and from the ward named in column 3 to Merton, to the ward named in column 4, and to the Merton petty sessional area and the Inner West London coroner’s district.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Sutton, and from the following ward — To Merton, and to the following ward —
B 5 Beddington North Pollards Hill
F & G
A
6
4
St. Helier North Phipps Bridge A, B, C & D 2 St. Helier North Ravensbury
A, C & D
B & D
3
1
Sutton Common Lower Morden A & C 6 Wandle Valley Phipps Bridge
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
Tony Baldry
Parliamentary Under-Secretary of State,
Department of the Environment
24th September 1993


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1993 and shall come into force on31st December 1993.
2
These Regulations shall have effect with respect to accounting periods of incorporated friendly societies beginning on or after 19th February 1993.
3
Subject to paragraph (2) above, these Regulations shall have effect with respect to accounting periods of friendly societies beginning on or after 1st January 1994.
Interpretation
2
In these Regulations unless the context otherwise requires —
“incorporated friendly societies” shall be construed in accordance with the definition of “incorporated friendly society” given by section 116 of the Friendly Societies Act 1992 ;
“the principal Regulations ” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992 ;
“regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2 the following definition shall be inserted before the definition of “the Taxes Act” —
“long term business” shall be construed in accordance with section 117 of the Friendly Societies Act 1992;
4
In regulation 3, in paragraph (a), the word “registered” shall be omitted.
5
In regulations 4(1), 5(1), 7(1), 12(1) and 15(1), the word “registered” shall be omitted in each place where it occurs.
6
1
Regulation 5 shall be amended as follows.
2
In paragraph (2) —
a
for the definition of “directive society” there shall be substituted —
“directive society” means a friendly society to which section 37(2) of the Friendly Societies Act 1992 applies;
;
b
the following definition shall be inserted after the definition of “directive society” —
“incorporated friendly society” has the meaning given by section 116 of the Friendly Societies Act 1992;
;
c
in the definition of “non-directive society” the word “registered” shall be omitted;
d
the following definition shall be inserted after the definition of “non-directive society” —
“registered friendly society” has the meaning given by section 116 of the Friendly Societies Act 1992;
;
e
for the definition “of valuation report” there shall be substituted —
“valuation report” —
a
in the case of a directive society or an incorporated society means the abstract of the actuary’s report referred to in section 46(3) of the Friendly Societies Act 1992;
b
in the case of a friendly society which is neither a directive society nor an incorporated society means the abstract of the actuary’s report referred to in section 47(2) of the Friendly Societies Act 1992.
.
3
In paragraph (3) —
a
in paragraph (a) of the definition of “liabilities” —
i
there shall be inserted after the words “directive society” the words “or an incorporated society”;
ii
in sub-paragraph (ii), for the words “the society” in the first place where they appear there shall be substituted the words “the society, being a registered friendly society,”;
b
in paragraph (b) of the definition of “liabilities” —
i
for the words “non-directive society” there shall be substituted the words “friendly society which is neither a directive society nor an incorporated society”;
ii
for the word “registrar” there shall be substituted the words “Friendly Societies Commission”.
4
In paragraph (4), for the definition of “long term business” substituted by the principal Regulations there shall be substituted —
“long term business” shall be construed in accordance with section 117 of the Friendly Societies Act 1992;
.
5
In paragraph (5), for paragraph (b) of the definition of “periodical return” there shall be substituted —
b
in the case of a non-directive society, means the annual accounts, the report of the committee of management, and the auditors' report mentioned in section 78(1) of the Friendly Societies Act 1992;
.
6
In paragraph (6) —
a
in paragraph (a) of the definition of “value” there shall be inserted after the words “directive society” the words “or an incorporated society”;
b
in paragraph (b) of the definition of “value” —
i
for the words “non-directive society” there shall be substituted the words “friendly society which is neither a directive society nor an incorporated society”;
ii
for the word “registrar” there shall be substituted the words “Friendly Societies Commission”.
7
In regulation 8, for paragraph (1) there shall be substituted —
1
Paragraphs (2) to (4) prescribe modifications of section 432A of the Taxes Act so far as it applies to the life or endowment business carried on by the non-directive societies specified in paragraph (1A) below, and paragraphs (2) to (5) prescribe modifications of section 432A of the Taxes Act so far as it applies to the life or endowment business carried on by non-directive societies other than those specified in paragraph (1A) below.
1A
The non-directive societies specified in this paragraph are those to which subsection (3) of section 37 of the Friendly Societies Act 1992 applies, and which, by virtue of subsection (8) of that section, are authorised to carry on long term business.
.
8
In regulation 9, in paragraph (2), for the words
“the Friendly Societies Act 1974 or the Friendly Societies Act (Northern Ireland) 1970 ”
there shall be substituted the words
“the Friendly Societies Act 1992”
.
9
For regulation 13 and the heading immediately preceding it there shall be substituted —
13
1
Paragraph (2) prescribes a modification of subsection (4) of section 440 of the Taxes Act so far as it applies to the life or endowment business carried on by non-directive societies, other than those to which subsection (3) of section 37 of the Friendly Societies Act 1992 applies, and which, by virtue of subsection (8) of that section, are authorised to carry on long term business.
2
Paragraph (d) shall be omitted.
.
10
For regulation 16 and the heading immediately preceding it there shall be substituted —
16
1
Paragraph (2) prescribes a modification of subsection (2) of section 440A of the Taxes Act so far as it applies to the life or endowment business carried on by non-directive societies, other than those to which subsection (3) of section 37 of the Friendly Societies Act 1992 applies, and which, by virtue of subsection (8) of that section, are authorised to carry on long term business.
2
Paragraph (d) shall be omitted.
.
11
In regulation 17, in paragraph (3), in the added subsection (9), for the words “the society” in the first place where they appear there shall be substituted the words “the society, being a registered friendly society,”.
12
In regulation 18, in paragraph (1) —
a
for the words “registered friendly societies” in the first place where they appear there shall be substituted the words “friendly societies other than incorporated societies”;
b
for the words “registered friendly societies” in the second place where they appear there shall be substituted the words “incorporated friendly societies and by friendly societies”.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Horizon National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th May 1993.
2
In this Order:
“the Authority” means North West Hertfordshire Health Authority;
“the Trust” means the Horizon 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 24th December 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th May 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
16th April 1993


text:
1
1
These Rules may be cited as the Patents (Supplementary Protection Certificate for Medicinal Products) (Amendment) Rules 1993 and shall come into force on 21st April 1993.
2
These Rules extend to Great Britain and Northern Ireland.
2
The Patents (Supplementary Protection Certificate for Medicinal Products) Rules 1992 shall be amended as follows
a
in the column headed Reminder of Form SP1 (Request for grant of Supplementary Protection Certificate) in Schedule 2 (General Forms) the words must be valid at the time of making the application and appearing in the second item thereunder shall be omitted;
b
Schedule 4 (Fees), for the word “Request” in the first item thereunder there shall be substituted the word “Application” and for the words “On payment of annual fees (and additional fee for late payment)” in the second item thereunder there shall be substituted “Annual fees”.
E Leigh
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
30th March 1993


text:
1
This Order may be cited as the Asylum and Immigration Appeals Act 1993 (Commencement and Transitional Provisions) Order 1993.
2
Subject to articles 3, 4 and 5 below, sections 4 to 11 (and section 1 so far as it relates to those sections) of the Asylum and Immigration Appeals Act 1993 (“ the Act ”) shall come into force on 26th July 1993.
3
In section 8 of the Act (appeals to special adjudicators) —
a
subsection (1) shall not apply where the decision to refuse leave to enter the United Kingdom was made before 26th July 1993;
b
subsection (2) shall not apply where the decision to vary or refuse to vary the limited leave to enter or remain was made before 26th July 1993;
c
subsection (3) shall not apply where the decision to make a deportation order, or the decision to refuse to revoke a deportation order, was made before 26th July 1993;
d
subsection (4) shall not apply where directions for a person’s removal from the United Kingdom were given before 26th July 1993.
4
Section 9 of the Act (appeals from the Immigration Appeal Tribunal) shall not apply where the final determination of an appeal by the Immigration Appeal Tribunal was given before 26th July 1993.
5
Sections 10 and 11 of the Act (restrictions of certain rights of appeal under the 1971 Act) shall not apply where the decision to refuse leave to enter, refuse entry clearance or refuse to vary limited leave (as the case may be) was made before 26th July 1993.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd July 1993


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No.9 and Transitional Provisions) Order 1993.
2
In this Order
“the 1991 Act ” means the Road Traffic Act 1991; and
“vehicle” has the meaning given by section 99(5) of the Road Traffic Regulation Act 1984 .
Commencement and transitional provisions
2
The following provisions of the 1991 Act shall come into force on 31st January 1994 in respect of the London boroughs of Richmond upon Thames and Southwark —
a
section 64, to the extent that it is not already in force;
b
section 65;
c
section 66, to the extent that it is not already in force;
d
section 69;
e
section 81, to the extent necessary for bringing into force the provisions of Schedule 7 brought into force by this article; and
f
paragraph 5 of Schedule 7, to the extent that that paragraph is not already in force.
3
Subsections (4) and (6) of section 67 of the 1991 Act shall come into force on 31st January 1994 for the purpose of the application of the subsections thereby inserted in relation to vehicles found in the London boroughs of Richmond upon Thames and Southwark.
4
Subsection (2)(b) of section 68 of the 1991 Act shall come into force on 31st January 1994 for the purpose of the application of the subsection thereby inserted in relation to the councils of the London boroughs of Richmond upon Thames and Southwark.
5
1
In relation to a vehicle that is stationary in a designated parking place in the London borough of Richmond upon Thames or Southwark immediately before 31st January 1994, section 66(2) of the 1991 Act shall have effect for so long as it remains in that parking place as if the words “on or after 31st January 1994” were inserted after —
a
the word “left” in paragraph (a) of section 66(2),
b
the word “payable” in paragraph (b) of that subsection, and
c
the word “has” in paragraph (c) of that subsection.
2
Where a vehicle found in the London borough of Richmond upon Thames or Southwark has pursuant to any enactment been removed before 31st January 1994, sections 67 and 68 of the 1991 Act shall not apply in relation to that removal or to any storage or disposal of the vehicle as a consequence of that removal.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
23rd December 1993


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1993 and shall come into force on 1st June 1993.
2
The Merchant Shipping (Fees) Regulations 1991 shall be amended by adding after Part IV of the Schedule as Part IVA the following —
PART IVA
BOATMASTERS' LICENCES
In this Part:
“the 1993 Regulations ” means the Merchant Shipping (Local Passengers Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993; ;
“existing boatman’s licence” has the meaning given in the 1993 Regulations; and
“Boatmaster’s Licence” means a Licence within the meaning of regulation 4 of the 1993 Regulations.
Service Fee
1
Practical test for examination for Boatmasters Licence.
£49
2
Oral test part of examintation for Boatmasters Licence
£35
3
Issue of Boatmaster’s Licence except where the licence is issued in exchange for an existing boatman’s licence, in which case no fee shall be payable.
£18
4
Revalidation of Boatmaster’s Licence
£17
5
Endorsement of additional areas on Boatmaster’s Licence
£28 (on each occasion of an endorsement)
6
Replacement of lost Boatmaster’s Licence, except where the loss or destruction of the original certificate was occasioned by the wreck or loss of the vessel or by a fire on board the vessel, in which case no fee shall be payable.
£18
7
Application for exemption from Part II of the 1993 Regulations.
£28
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
20th May 1993
We consent to the making of these Regulations.
Nicholas Baker
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
24th May 1993


text:
1
These Regulations may be cited as the Licensing of Air Carriers (Amendment) Regulations 1993 and shall come into force on 19th February 1993.
2
In regulation 2(1) of the Licensing of Air Carriers Regulations 1992 for the words from “and” to the end there shall be substituted the following —
“the Council Regulation” means Council Regulation ( EEC ) No 2407/92 on licensing of air carriers ; and
“United Kingdom national” has the same meaning as in section 105(1) of the Civil Aviation Act 1982 .
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
20th January 1993