text:
Citation and commencement
1
1
This Order may be cited as the Borders 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 boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps; and
b
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 Borders Region shall be abolished and the said Region shall be divided into twenty-seven 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 Borders Region (Electoral Arrangements) Order 1977( ) is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
6th June 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1993 and shall come into force on 1st April 1993.
2
In article 20 of the Public Trustee (Fees) Order 1985 —
a
the figure “6½” shall be substituted for the figure “5½” in paragraph (2); and
b
the figure “1 2/13” shall be substituted for the figure “1” in paragraph (3).
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 9th March 1993
I hereby signify my sanction
Mackay of Clashfern ,C
Dated 10th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Tyneside Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on1st 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 North Tyneside 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 North Tyneside 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 Preston Hospital, Preston Road, North Shields, Tyne and Wear NE29 0LR and associated hospitals;
b
to manage community health services provided from Preston Hospital, Preston Road, North Shields, Tyne and Wear NE29 0LR and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Tyneside Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North Tyneside Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Tyneside 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:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, unless the context otherwise requires–
“the 1977 Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“allotted sum” has the same meaning as in section 15 of the 1990 Act;
“application” means an application for recognition as a fund-holding practice;
“bank account” includes an account with a building society incorporated under the Building Societies Act 1986 ;
“ FHSA ” means a Family Health Services Authority;
“Family Health Services Authority” means a body of that name established by the Secretary of State under section 10(1) of the 1977 Act ;
“former fund-holding practice” means the medical practitioners who were members of a fund-holding practice and who–
have renounced recognition as a fund-holding practice in accordance with regulation 11; or
from whom recognition has been removed in accordance with regulations 13 and 14 or 15 and 16,
whichever is appropriate;
“fund-holding account” means a bank account maintained by the members of a fund-holding practice for the purpose of receiving an allotted sum or any part of it;
“health service body” has the same meaning as in section 4 of the 1990 Act;
“notice” means notice in writing;
“practice” means a medical practitioner who, or a group of medical practi- tioners acting jointly and whether or not practising in partnership which, makes or proposes to make an application and “members of the practice” shall be construed accordingly;
“relevant FHSA” means a relevant Family Health Services Authority as defined in section 15(1B) of the 1977 Act .
3
In these regulations, any reference to a Regional Health Authority is a reference to the relevant Regional Health Authority, construed in accordance with section 14(3) of the 1990 Act.
4
For the purposes of these Regulations, an application is made when it is received by the person to whom it is required to be made in accordance with regulation 3.
5
In these Regulations, any reference to a fund-holding practice renouncing recognition is a reference to a fund-holding practice renouncing its status as a recognised fund-holding practice.
6
In these Regulations, any reference to a Regional Health Authority removing recognition is a reference to that Authority removing recognition from the members of a fund-holding practice.
7
In these Regulations, any reference to the rights and liabilities of members of a fund-holding practice is a reference to rights and liabilities incurred in connection with the application of an allotted sum and in particular to rights and liabilities under NHS contracts.
8
In these Regulation any reference to the sending of a document is a reference to the sending of the document in a pre-paid letter addressed, in the case of a medical practitioner, to him at the address given in the medical list in which he is included and, in the case of the Secretary of State or a Regional Health Authority, to them at their principal office.
Application of Regulations in Wales
2
1
Subject to paragraph (2) and except in regulation 3(4), in the application of these Regulations to any medical practitioner whose relevant FHSA has a locality in Wales, for any reference to the Regional Health Authority there shall be substituted a reference to the Secretary of State.
2
Regulations 6(c) and 7 do not apply in relation to an application which, by virtue of paragraph (1) or regulation 3(4), has been made to the Secretary of State.
3
Subject to paragraph (4), in the application of these Regulations to any fund- holding practice whose recognition has been granted by the Secretary of State by virtue of paragraph (1), for any reference to the Regional Health Authority there shall be substituted a reference to the Secretary of State.
4
Regulations 14(4)(c)(i) and (5)(c)(i), 16(c)(i), 17 and 25(5)(c) and (6) do not apply to any fund-holding practice whose recognition has been granted by the Secretary of State.
PART II
RECOGNITION
Application for recognition as a fund-holding practice
3
1
An application shall be made in writing on a form approved by the Secretary of State and, subject to paragraphs (4) and (5), shall be sent to the Regional Health Authority.
2
The application shall be signed by each member of the practice making it.
3
The practice shall provide, in connection with the application, such information and documents as the Regional Health Authority may reasonably require for the purposes of determining the application.
4
Where a member of a practice is included in both the medical list of an FHSA whose locality is in England and the medical list of an FHSA whose locality is in Wales, or the members of the practice include a member who is included only in the medical list of an FHSA whose locality is in England and a member who is included only in the medical list of an FHSA whose locality is in Wales, then the application shall be made to–
a
the Regional Health Authority if more patients on the lists of the members of the practice reside in England than in Wales;
b
the Secretary of State in any other case.
5
Where at least one of the members of a practice wishing to make an application is included in the medical list of a Health Board, section 14 of the 1977 Act shall operate subject to the modification that at the end of subsection (1) there shall be added the words “except, if at least one of those practitioners is also providing general medical services in accordance with arrangements under section 19 of the National Health Service (Scotland) Act 1978 , where more patients on the lists of members of the practice reside in Scotland than in England”.
Time of application
4
An application for recognition which is to take effect from 1st April in any year shall be made by 1st April in the preceding year.
Grant of recognition as a fund-holding practice
5
1
The Regional Health Authority shall grant recognition as a fund-holding practice if it is satisfied that the conditions specified in Schedule 1 are fulfilled.
2
Recognition as a fund-holding practice shall take effect from 1st April following the grant of recognition.
Determination of application
6
The Regional Health Authority shall determine an application and shall–
a
send to each member of the practice notice of its decision;
b
include in the notice a statement of the reasons for its decision; and
c
where recognition as a fund-holding practice has been refused, inform each member of the practice of the right to appeal to the Secretary of State against the refusal.
Appeals to the Secretary of State against refusal of recognition
7
1
A practice may appeal to the Secretary of State against a decision of a Regional Health Authority to refuse to grant the practice recognition as a fund-holding practice.
2
Subject to paragraph (4), a notice of appeal shall be signed by all the members of the practice.
3
Subject to paragraph (4), a notice of appeal shall be sent to the Secretary of State within the period of one month beginning with the date on which notice of the Regional Health Authority’s decision was sent to the members of the practice and shall contain a concise statement of the grounds of appeal on which the practice relies.
4
Where in any case it appears to her just and proper to do so, the Secretary of State may do either or both of the following:
a
dispense with the requirement in paragraph (2);
b
extend the time limit mentioned in paragraph (3).
5
The Secretary of State shall send a copy of the notice of appeal to the Regional Health Authority.
6
The Secretary of State may, if she is of the opinion that the appeal is of such a nature that it can properly be determined without an oral hearing, determine the appeal without an oral hearing.
7
If the Secretary of State is of the opinion that an oral hearing is required, she shall appoint one or more persons to hear the appeal and shall send to each member of the practice and the Regional Health Authority a notice of the date of the hearing and the time and place at which it is to be held.
8
All members of the practice may attend the hearing and the practice may be represented by a member of the practice or some other person appointed for the purpose by the practice and the Regional Health Authority may be represented by a member or officer of the Authority or some other person appointed for the purpose by the Authority.
9
The person or persons hearing the appeal shall report to the Secretary of State in writing and the report shall contain such findings of fact as the person or persons hearing the appeal consider necessary for the purpose of enabling the Secretary of State to determine the appeal, and their conclusions.
10
The Secretary of State, on receipt of the report, shall–
a
take the report into consideration; and
b
determine the appeal.
11
Where the Secretary of State has determined an appeal in accordance with this regulation, she shall–
a
send to each member of the practice making the appeal and to the Regional Health Authority a notice of his decision; and
b
include in the notice a statement of the reasons for her decision.
Conditions for continuing recognition
8
The members of a fund-holding practice shall continue to be entitled to recognition as a fund-holding practice so long as the conditions specified in Schedule 2 are fulfilled in relation to that practice.
Additions to existing fund-holding practices
9
1
Subject to paragraph (2), where a medical practitioner (whether or not he is a member of another fund-holding practice) wishes to become a member of an existing fund-holding practice–
a
he and the members of the existing fund-holding practice shall apply to the Regional Health Authority for recognition as a fund-holding practice in accordance with regulation 3; but
b
regulations 4 and 5(2) shall not apply in the case of that application.
2
Where a medical practitioner becomes a partner of a member of a fund-holding practice as a result of the grant of an application made by the medical practitioner to an FHSA under regulation 5 of the National Health Service (General Medical Services) Regulations 1992 (application for inclusion in the medical list or to succeed to a vacancy), he shall, on giving notice in writing to that effect to the Regional Health Authority, be a member of that fund-holding practice notwithstanding that he did not join in the making of an application under regulation 3.
Withdrawal or death of a member of a fund-holding practice
10
1
Where–
a
a member of a fund-holding practice withdraws from the practice or dies; but
b
the conditions specified in Schedule 2 continue to be fulfilled in relation to the practice
the recognition as a fund-holding practice of the remaining members of the practice shall not be affected by the withdrawal or death.
2
A member of a fund-holding practice who is a partner of another member of the practice may not withdraw from the fund-holding practice unless he also ceases to be a partner of that other member.
PART III
RENUNCIATION OF RECOGNITION
Renunciation of recognition
11
1
The members of a fund-holding practice may renounce recognition by giving to the Regional Health Authority notice of their intention to renounce recognition with effect from 31st March following the sending of the notice.
2
The notice referred to in paragraph (1) shall–
a
be signed by a majority of the members of the fund-holding practice;
b
be sent at least one month before the 31st March following the sending of the notice; and
c
be accompanied by a statement containing particulars of–
i
the NHS contracts into which the fund-holding practice has entered;
ii
the amount standing in the fund-holding account;
iii
the amount standing in the fund-holding account which may be applied for the purposes specified in regulation 24 (savings from the allotted sum) and;
iv
the liabilities of the members of the fund-holding practice.
Consequences of renunciation of recognition
12
1
Subject to paragraphs (2) and (4), the consequences of renunciation are that the members of a fund-holding practice cease, on the 31st March specified in the notice referred to in Regulation 11, to be recognised as a fund-holding practice.
2
Notwithstanding a renunciation of recognition and subject to paragraph (5), a former fund-holding practice shall continue to fulfil the conditions specified in paragraphs 7, 8, 9, 10 and 11 of Schedule 2 until the Regional Health Authority is satisfied that all the liabilities of the former fund-holding practice have been discharged.
3
When the Regional Health Authority is satisfied that all liabilities of the fund- holding practice have been discharged it shall send a notice to that effect to each member of the former fund-holding practice.
4
If, after a notice under paragraph (3) has been sent, part of the allotted sum remains in the fund-holding account, the former fund-holding practice shall–
a
continue to maintain the fund-holding account until no amount remains standing in that account;
b
apply that sum only for the purposes specified in regulation 24 (savings from the allotted sum); and
c
each month send to the Regional Health Authority a statement specifying any withdrawal from the fund-holding account.
5
If, at any time after the renunciation of recognition has taken effect, the Regional Health Authority is satisfied that–
a
no part of the allotted sum remains in the fund-holding account; but
b
the liabilities of the former fund-holding practice have not been discharged,
all the rights and liabilities of the former fund-holding practice shall, upon notice being sent to that effect to each member of the former fund-holding practice, transfer to the Regional Health Authority.
PART IV
REMOVAL OF RECOGNITION
Grounds for removal of recognition
13
1
Where, by 28th February in any year, the Regional Health Authority has notified the members of a fund-holding practice of the amount of the allotted sum for the financial year beginning on the next 1st April and the members of the practice have not, within the period of one month beginning with the date on which that notice was sent, notified the Regional Health Authority that they are prepared to accept that amount as their allotted sum, the Regional Health Authority may remove recognition from them with effect from that 1st April (whether or not the recognition is one which has taken effect in accordance with regulation 5(2)).
2
The Regional Health Authority may remove recognition from the members of a fund-holding practice if any one or more of the conditions specified in Schedule 2 is no longer fulfilled in relation to the practice.
Procedure for removal of recognition
14
1
Except as provided by regulations 15 and 16, where a Regional Health Authority proposes to remove recognition from the members of a fund-holding practice on the ground specified in regulation 13(2), the Authority shall–
a
send to each member of the practice a notice specifying–
i
the reason for the proposal, and
ii
the date, which shall be at least 3 months from the date on which the notice is sent, on which the removal of recognition is proposed to take effect; and
b
inform the members of the practice that they may, subject to paragraphs (2) and (3), make representations to the Authority concerning the matter, either orally or in writing.
2
Where the members of the practice wish to make representations in writing, representations shall be sent to the Regional Health Authority within the period of two months beginning with the date on which the notice referred to in paragraph (1) was sent.
3
Where the members of the practice wish to make representations orally they shall, within the period of two weeks beginning with the date on which the notice referred to in paragraph (1) was sent, give notice to that effect to the Regional Health Authority and the Authority shall, within the period of six weeks beginning with the date on which the members of the fund-holding practice gave notice under this paragraph, give them an opportunity of appearing before and being heard by the Authority or a committee, sub- committee or officer of the Authority appointed for the purpose.
4
Where the Regional Health Authority decide, having taken into account any representations made by the members of the fund-holding practice, to remove recognition, the Authority shall–
a
send to each member of the fund-holding practice a notice of its decision;
b
include in the notice–
i
a statement of the reasons for the decision, and
ii
the date on which the removal of recognition is to take effect; and
c
inform each member of the practice of–
i
the right to appeal to the Secretary of State against the removal of recognition, and
ii
the consequences of removal of recognition.
5
In the circumstances specified in regulation 13(1), the Regional Health Authority shall–
a
send to each member of the practice notice of removal of recognition;
b
include in the notice a statement of the reasons for the removal of recognition and that the removal takes effect from the 1st April following the sending of the notice; and
c
inform each member of the practice of–
i
the right to appeal to the Secretary of State against the removal of recognition, and
ii
except where recognition has not taken effect in accordance with regulation 5(2), the consequences of the removal of recognition.
Removal of recognition with immediate effect
15
Where it appears to a Regional Health Authority that it is necessary either–
a
in the interests of patients of members of the practice; or
b
for the purpose of ensuring the proper management of the allotted sum,
that recognition should be removed under regulation 13(2) with immediate effect, the Regional Health Authority shall remove recognition with immediate effect.
Procedure for removal of recognition with immediate effect
16
In the circumstances specified in regulation 15, the Regional Health Authority shall–
a
send to each member of the practice a notice of removal of recognition;
b
include in the notice a statement of the reasons for the removal of recognition; and
c
inform each member of the practice of–
i
the right to appeal to the Secretary of State against the removal of recognition, and
ii
the consequences of the removal of recognition.
Appeals to the Secretary of State against removal of recognition
17
1
The members of a fund-holding practice or, where removal of recognition has taken effect, a former fund-holding practice, may appeal to the Secretary of State against the removal of recognition by the Regional Health Authority.
2
Regulation 7(2) to (11) shall apply in relation to an appeal against removal of recognition as if–
a
a reference to the members of the practice were a reference to the members of a fund-holding practice or, where removal of recognition has taken effect, a former fund-holding practice; and
b
a reference to a decision to refuse to grant a practice recognition as a fund- holding practice were to a decision to remove recognition as a fund-holding practice.
Consequences of removal
18
1
On the day on which removal of recognition takes effect, all the rights and liabilities of a fund-holding practice shall transfer to the Regional Health Authority.
2
Subject to paragraph (3), on the day on which the removal of recognition takes effect, the fund-holding account shall be treated as having been opened by the Regional Health Authority and that Authority may deal with the allotted sum or any part of it remaining in that account as though it were the fund-holding practice.
3
Where, on the day on which removal of recognition takes effect, there remains in the fund-holding account any part of the allotted sum which may be applied for the purposes specified in regulation 24 (savings from the allotted sum), the Regional Health Authority shall apply that part of the allotted sum for such of those purposes as the former fund-holding practice may require.
PART V
ALLOTTED SUM–AUTHORISED PURPOSES
Payment for drugs, medicines and listed appliances
19
1
The members of a fund-holding practice shall, in respect of each month, pay to the Regional Health Authority out of the allotted sum an amount determined in accordance with the following paragraphs of this regulation as the basic cost of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice.
2
The amount referred to in paragraph (1) shall, subject to paragraph (6), be–
a
the net ingredient cost of the drugs, medicines or listed appliances calculated in accordance with paragraphs (3) and (4); minus
b
an amount representing a percentage of the price of the drugs, medicines or listed appliances, which percentage–
i
the Prescription Pricing Authority, or in Wales the Welsh Health Common Services Authority, in its calculation of the remuneration payable to pharmacists in accordance with Part II of the Drug Tariff, has determined is the total discount value applicable to items dispensed in that month divided by the total net ingredient cost of those items, multiplied by 100, and
ii
has been published by the Secretary of State; plus
c
except in the case of listed appliances supplied with, or in connection with, the supply of oxygen or drugs and medicines supplied in bulk, an amount representing the cost of the container or packaging in which the drug, medicine or listed appliance is supplied, calculated in accordance with paragraph (5).
3
The net ingredient cost referred to in paragraph (2)(a) of a drug or medicine shall be–
a
where the name of the drug or medicine is listed in a list in the Drug Tariff which specifies a price for a specified quantity of that drug or medicine, the price so specified;
b
where the name of the drug or medicine is not so listed, the manufacturer’s list price.
4
The net ingredient cost referred to in paragraph (2)(a) of a listed appliance shall be the price of the appliance specified in the Drug Tariff.
5
The amount referred to in paragraph (2)(c) shall be 6.5 pence for each listed appliance and each quantity of a drug or medicine.
6
Where an amount calculated under paragraph 2(a), (b) or (c) is in any month not an exact number of pounds, any amount of fifty pence or more shall be rounded up to, and any amount less than fifty pence shall be rounded down to, the nearest whole pound.
7
In this regulation–
“the Drug Tariff” means the statement published under regulation 18 of the National Health Services (Pharmaceutical Services) Regulations 1992 ;
“listed appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act;
“manufacturer’s list price” means the price which the manufacturer of a drug or medicine or his wholesaler or supplier publishes as being the price of that drug or medicine;
“medicine” includes such chemical reagents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act;
“Prescription Pricing Authority” means the special health authority now constituted by the Prescription Pricing Authority Constitution Order 1990 pursuant to section 11 of the 1977 Act;
“Welsh Health Common Services Authority” means the special health authority now constituted by the Welsh Health Common Services Authority Constitution Order 1990 .
8
For the purposes of this regulation, a drug or medicine is suplied in bulk only when–
a
it is ordered by a member of a fund-holding practice for two or more of his patients;
b
those patients reside in a school or institution in which at least twenty persons reside;
c
the name of that school or institution is written on the order; and
d
at least ten of the persons residing in the school or institution are patients of the member of the fund-holding practice who ordered the drug or medicine.
Purchase of goods and services
20
1
Subject to paragraphs (3) to (9), the members of a fund-holding practice shall apply the allotted sum so as to secure the purchase of such of the goods and services, other than general medical services, referred to in paragraph (2) as are necessary for the proper treatment of individuals on the lists of patients of the members of the practice and are appropriate in all the circumstances having regard, in particular, to the needs of all those individuals.
2
The goods and services referred to in paragraph (1) are the goods and services specified in a list approved from time to time by the Secretary of State for the purposes of this regulation.
3
Where the list mentioned in paragraph (2) includes district nursing or health visiting services or both, the members of a fund-holding practice shall enter into at least one NHS contract, to which the Regional Health Authority has consented in accordance with paragraph (4), for the purchase of such of those services as are included in that list.
4
The Regional Health Authority shall consent to such an NHS contract as is referred to in paragraph (3) if it is satisfied that–
a
the proposed provider is either a health authority, within the meaning of the 1977 Act, or an NHS Trust;
b
the proposed provider either has itself provided, or has assumed responsibility for the relevant establishments or facilities of a body which provided, such district nursing or health visiting services or both, whether under an NHS contract or not and whether to the patients of the members of the fund-holding practice or not, for the whole of the calendar year ending on the date from which the proposed services are to be purchased; and
c
the volume of district nursing and health visiting services which the members of the practice propose to purchase is at least that which the Regional Health Authority, in its determination of the allotted sum payable to the members of the fund-holding practice in accordance with section 15(1) of the 1990 Act , determined was expected to be purchased for the benefit of individuals on the lists of patients of members of the fund-holding practice.
5
The members of a fund-holding practice shall not purchase any of the goods or services specified in a list approved under paragraph (2) for an individual who is on the list of patients of a member of the practice from any provider with which any member of the practice is connected unless–
a
the Regional Health Authority has consented in writing to the purchase of those goods or services from that provider; or
b
it is impracticable, having regard to the condition of the patient, to obtain the consent and no alternative provider is available; or
c
the provider is a health service body other than a fund-holding practice.
6
The Regional Health Authority shall not consent to the purchase of any goods or services from a provider with which a member of the practice is connected unless it is satisfied that no member of the practice will receive any payment from the allotted sum, whether directly or indirectly, which is wholly or mainly attributable to treatment given to individuals who are on the lists of patients of members of the practice, otherwise than in accordance with regulation 23.
7
Where the members of a practice have obtained the consent of the Regional Health Authority under paragraph (4) or (5), the members of the practice shall give notice to that Authority–
a
in the case of consent under paragraph (4), where they propose any reduction in the level of the services in respect of which the consent was given; and
b
in the case of consent under paragraph (5), of any change either in the facilities available at, or the charges made by, the provider in respect of which the consent was given.
8
Where a Regional Health Authority receives notice as mentioned in paragraph (7), it shall either confirm or withdraw its consent.
9
For the purposes of this regulation–
a
“district nursing services” means services provided by or under the direction of a nurse who is employed by a health authority or an NHS Trust and who has a qualification in district nursing recorded in the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979 ;
b
“health visiting services” means services provided by or under the direction of a health visitor who is employed by a health authority or an NHS Trust and whose name is included in Part 11 of the register of qualified nurses, midwives and health visitors prepared and maintained by the Central Council for Nursing, Midwifery and Health Visiting in accordance with section 10 of the Nurses, Midwives and Health Visitors Act 1979;
c
a member of a fund-holding practice shall be treated as connected with a provider if–
i
he is employed by, or is a close relative of a person who is employed by, the provider,
ii
where the provider is a company, he is a director of the company or a partner of or employed by or a close relative of a person who is a director of the company,
iii
he is in partnership with or is a close relative of a person who is in partnership with the provider,
iv
where the provider is a fund-holding practice, he is a close relative of a member of that practice,
v
where the provider is an individual, he is a close relative of that individual,
vi
he has a beneficial interest in the securities of the provider, or
vii
he provides or has provided any services to that provider;
and in this sub-paragraph “close relative” means a husband, wife, brother, sister, father, mother, son or daughter;
d
“provider” means any person or body with whom the members of a fund- holding practice contract or propose to contract for the purchase of any of the goods and services specified in the list mentioned in paragraph (2).
Limit on provision of goods and services
21
There shall be a limit of £5,000 on the amount which may be spent out of an allotted sum on the provision of goods and services for any one individual, being a limit above which the cost of any goods and services for that individual in the financial year in question will fall to be met by the District Health Authority whose primary functions include the provision of goods and services (not necessarily the goods and services in question) to the individual concerned.
Payment of salaries
22
1
Subject to paragraphs (2) and (4), the members of a fund-holding practice may apply the allotted sum for the purpose of paying the salaries of those employees or members of the practice who are employed–
a
to provide treatment to the patients of the members of the practice; or
b
in connection with the management or administration of the practice.
2
Where an FHSA has, before the date on which the members of a fund-holding practice were granted recognition as a fund-holding practice, reimbursed a member of the practice in respect of a proportion of the salary of an employee of his, then the members of the fund-holding practice may apply the allotted sum for the purpose of paying, in respect of periods after that date, only that proportion of the salary of that employee or of any person employed in place of that employee to perform substantially the same functions.
3
The members of a fund-holding practice may apply the allotted sum for the purpose of paying fees to persons for providing, on the practice premises, services which are necessary for the proper treatment of individuals who are on the lists of patients of the members of the practice.
4
The members of a fund-holding practice shall not apply the allotted sum for the purpose of employing or engaging the services of a medical practitioner except for the purposes of providing to individuals who are on the lists of patients of members of the practice such services as are included in the list mentioned in regulation 20(2).
Payments to a member of the fund-holding practice
23
1
The members of a fund-holding practice may apply the allotted sum for the purposes of paying a medical practitioner who is a member of the practice but only in accordance with an arrangement made in pursuance of paragraph (2).
2
Subject to paragraphs (3) and (4), the members of a fund-holding practice may, with the written consent of the Regional Health Authority, enter into an arrangement with a medical practitioner who is a member of the practice for the provision by that medical practitioner of services specified in Schedule 3 to patients who are on the lists of patients of members of the practice.
3
The Regional Health Authority shall not consent to an arrangement made under paragraph (2) unless it is satisfied that–
a
the services to be provided are included in Schedule 3;
b
the medical practitioner with whom the arrangement is to be made to provide those services is suitably qualified, competent and experienced;
c
the medical practitioner with whom the arrangement is to be made does not propose to spend more than 30 hours in any one month in the provision of those services;
d
the facilities, including premises, for the provision of those services pursuant to the arrangement are suitable;
e
the payments which it is proposed shall be made in respect of the provision of those services–
i
are reasonable,
ii
represent value for money, and
iii
are to be made directly to the medical practitioner who provides the services or to the partnership of which he is a member and not to any third party.
4
Where the members of a practice have obtained the consent of the Regional Health Authority under paragraph (2) they shall give notice to that Authority of any change in the matters specified in paragraph (3) upon which the consent was based.
5
Where a Regional Health Authority receives notice as mentioned in paragraph (4), it shall either confirm or withdraw its consent.
Savings from the allotted sum
24
1
The members of the fund-holding practice may discharge their obligations under regulations 19 and 20 and exercise their powers under regulations 22 and 23 in such a way as to take into account any benefit to individuals on the lists of patients of the members of the practice which, in their opinion, would be derived from making savings to be applied in accordance with the following provisions of this regulation; and regulations 19, 20, 22 and 23 shall be construed accordingly.
2
Where the accounts for a financial year of members of a fund-holding practice have been audited in accordance with Part III of the Local Government Finance Act 1982 , the members of a fund-holding practice may, within the period of four years after the end of that financial year, continue to apply any part of the allotted sum paid to them in respect of that financial year for the purposes specified in regulations 19, 20, 22 and 23 and, in addition, for the benefit of the patients of the practice, for any one or more of the following purposes–
a
the purchase of material or equipment which–
i
can be used for the treatment of patients of the members of the practice,
ii
enhances the comfort or convenience of patients of the members of the practice, or
iii
enables the practice to be managed more effectively and efficiently; or
b
the purchase of material or equipment relating to health education; or
c
the improvement of any premises from which the members of the practice carry on their practice whether by improving the structure of the premises or the purchase of furniture and furnishings for the premises.
Recovery of misapplied sums
25
1
Where it appears to a Regional Health Authority that any part of an allotted sum has been applied by the members of a fund-holding practice (or any one or more of them) otherwise than in accordance with regulations 19, 20, 22, 23 and 24, it may seek to recover that amount in accordance with the provisions of this regulation.
2
A Regional Health Authority shall send to each member of the practice notice informing them of the amount which it is alleged has been misapplied and the nature and circumstances of the alleged misapplication and that they may make representations to the Authority concerning the matter, either orally or in writing.
3
Where the members of a fund-holding practice wish to make representations in writing, they shall do so within the period of two months beginning with the date on which the notice referred to in paragraph (2) was sent.
4
Where the members of the practice wish to make representations orally they shall, within the period of 2 weeks beginning with the date on which the notice referred to in paragraph (2) was sent, give notice to that effect to the Regional Health Authority and the Authority shall, within the period of 6 weeks of the date on which the members of the fund-holding practice gave notice under this paragraph, give them an opportunity of appearing before and being heard by the Authority or a committee, sub-committee, or officer of the Authority appointed for the purpose.
5
Where the Regional Health Authority, having taken into account any representations made by the members of the fund-holding practice, is satisfied that any part of an allotted sum has been misapplied as mentioned in paragraph (1), it shall–
a
send to each member of the practice a notice of its determination to that effect;
b
include in the notice a statement of the reasons for its decision; and
c
inform each member of the practice of the right to appeal to the Secretary of State.
6
The members of a fund-holding practice may appeal to the Secretary of State against the determination of a Regional Health Authority that any part of an allotted sum has been misapplied as mentioned in paragraph (1).
7
Regulation 7(2) to (11) shall apply in relation to an appeal under paragraph (6) as if–
a
a reference to the members of the practice were a reference to the members of the fund-holding practice; and
b
a reference to a decision to grant a practice recognition were a reference to a decision that any part of the allotted sum had been misapplied as mentioned in paragraph (1).
8
An amount equal to that part of the allotted sum which the Regional Health Authority or, on appeal, the Secretary of State has determined had been misapplied as mentioned in paragraph (1) shall be recoverable from the members of the practice (or from any one or more of them) by the Regional Health Authority as a civil debt.
PART VI
MISCELLANEOUS
Transfer of functions in England
26
1
The function of a Regional Health Authority under section 15(1) of the 1990 Act of being liable to pay a sum to the members of a fund-holding practice shall continue to be the function of an FHSA.
2
The FHSA which is to exercise the function referred to in paragraph (1) in relation to the members of any existing fund-holding practice shall continue to be the relevant FHSA.
3
Section 15 of the 1990 Act shall continue to have effect subject to the following modifications–
a
in subsection (1), for the words “Regional Health Authority” in both places where they occur, there are substituted the words “Family Health Services Authority”, and after the word “determined” there are inserted the words “by the relevant Regional Health Authority”; and
b
in subsection (4)–
i
in paragraph (a), for the words “Regional Health Authority” there are substituted the words “Family Health Services Authority which has a locality in England”,
ii
in paragraph (b), for the words “another Regional Health Authority” there are substituted the words “a Regional Health Authority which is not the relevant Regional Health Authority in respect of the members of the practice”, and
iii
for the words “other Authority” there are substituted the words “Regional Health Authority”.
Transfer of functions in Wales
27
1
The function of the Secretary of State under section 15(2) of the 1990 Act of being liable to pay a sum to the members of each fund-holding practice whose relevant Family Health Services Authority has a locality in Wales shall continue to be the function of an FHSA.
2
The FHSA which is to exercise the function referred to in paragraph (1) in relation to the members of any existing fund-holding practice shall continue to be the relevant FHSA.
3
Section 15 of the 1990 Act shall continue to have effect subject to the following modifications–
a
in subsection (2)–
i
for the words “the Secretary of State” in the first place where they occur there are substituted the words “every Family Health Services Authority which has a locality in Wales”,
ii
for the words “whose relevant Family Health Services Authority has a locality in Wales” there are substituted the words “in respect of whom it is the relevant Family Health Services Authority”,
iii
after the word “determined” there are inserted the words “by the Secretary of State”, and
iv
for the words “the Secretary of State” in the second place where they occur there is substituted the word “he”; and
b
in subsection (5)–
i
for the words “the Secretary of State” in the first place where they occur there are substituted the words “a Family Health Services Authority which has a locality in Wales”,
ii
for the words “the Secretary of State” in the second place where they occur there are substituted the words “the Authority making the payment”, and
iii
for the words “that Authority” there are substituted the words “that Regional Health Authority”.
Revocations
28
The National Health Service (Fund-holding Practices) (Applications and Recognition) Regulations 1990 , the National Health Service (Fund-holding Practices) (General) Regulations 1991 and the National Health Service (Fund-holding Practices) (Amendment) Regulations 1992 are hereby revoked.
Virginia Bottomley
Secretary of State for Health
9th March 1993
David Hunt
Secretary of State for Wales
9th March 1993


text:
1
This Order may be cited as the State Immunity (Federal States) Order 1993 and shall come into force on 7th December 1993.
2
The provisions of Part I of the State Immunity Act 1978 shall apply to the following constituent territories of the Federal Republic of Germany as they apply to a State: Baden–Wu rttemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg–Western Pomerania, Lower Saxony, North–Rhine/Westphalia, Rhineland– Palatinate, Saarland, Saxony, Saxony–Anhalt, Schleswig–Holstein and Thuringia.
R. P. Bulling
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines Act 1968 (Amendment) Regulations 1993 and shall come into force on 14th April 1993.
2
In these Regulations “ The Act ” means the Medincines Act 1968 .
Section 8 of the Act — manufacture and wholesale dealing
2
1
Section 8 of the Act (provisions as to manufacture and wholesale dealing) is amended as follows.
2
At the beginning of subsection (3) there is inserted “Subject to subsection (3C) of this section,”.
3
In subsection (3) for the words from “licence granted” onwards there is substituted “wholesale dealer’s licence”.
4
After that subsection there is inserted —
3A
Without prejudice to the generality of subsection (3) of this section but subject to subsection (3C), no person shall, in the course of a business carried on by him, distribute by way of wholesale dealing a product to which Chapters II to V of the 1965 Directive apply except in accordance with a wholesale dealer’s licence.
3B
Distribution of such a product by way of wholesale dealing shall not be taken to be in accordance with a wholesale dealer’s licence unless, in particular, it occurs in the course of a business which is carried on at a place or places specified in the licence.
3C
The restrictions imposed by subsections (3) and (3A) of this section do not apply to anything done in relation to a product to which Chapters II to V of the 1965 Directive apply by the holder of a manufacturer’s licence in respect of it.
.
5
After subsection (6) there is added —
7
In this section any reference to distribution of a product by way of wholesale dealing is a reference to —
a
selling or supplying it, or
b
procuring, holding or exporting it for the purposes of sale or supply,
to a person who receives it for the purposes of —
i
selling or supplying it, or
ii
administering it or causing it to be administered to one or more human beings,
in the course of a business carried on by that person.
8
In this Act any reference to a wholesale dealer’s licence is a reference to a licence granted for the purposes of subsection (3) or (3A) of this section.
.
Section 10 of the Act-exemptions for pharmacists
3
In section 10(7) of the Act (exemptions for pharmacists), after “8(3)”there is inserted “or (3A)”.
Section 14 of the Act — exemptions for re-exports
4
In section 14 of the Act (exemptions for re-exports) —
a
at the beginning of that section (which becomes subsection (1)) there is inserted “Subject to subsection (2) of this section,”; and
b
at the end of the section there is added —
2
Section 8(3A) of this Act applies to the exportation, or the sale for exportation, of any product to which Chapters II to V of the 1965 Directive apply if it is, or is to be exported to a member State.
.
Amendment of section 48 of the Act — postponement of restrictions in relation to exports
5
In section 48(1) of the Act (postponement of restrictions in relation to exports), for “the next following section,” there substituted “sections 49 and 49A of this Act,”.
New section 49A of the Act — special provisions in respect of exporting certain products
6
After section 49 of the Act (special provisions in respect of exporting certain products) there is inserted —
Special provisions in respect of exporting certain products to member States
49A
Nothing in subsection (1) of section 48 of this Act shall affect the operation of section 8(3A) of this Act in relation to the exportation of a product, or the sale or supply of a product which involves, or is for the purposes of, the exportation of the product if —
a
it is a product to which Chapters II to V of the 1965 Directive apply; and
b
the exportation is, or is to be, to a member State.
.
Section 92 of the Act-scope of Part VI (advertising)
7
In section 92(4)(b) of the Act (scope of Part VI) for “subsection (3) of section 8”there is substituted “, subsection (3) or (3A) of section 8”.
Virginia Bottomley
Secretary of State for Health
22nd March 1993


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementa-tion) (Amendment) Scheme 1993 and shall come into force on 14th April 1993.
2
In this Scheme —
“the operative date” means 14th April 1993;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the words “8th April 1992” the words “14th April 1993”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall —
a
in so far as it relates to the period from 8th April 1992 to 13th April 1993 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 8th April 1992, be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
26th February 1993
We consent,
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 1993


text:
Citation and commencement
1
These Regulations may be cited as the Education (Training Grants) Regulations 1993 and shall come into force on 15th February 1993.
Interpretation
2
1
In these Regulations —
“determine” means determine by notice in writing;
“education authority” means a local education authority;
“eligible training” means training of a kind mentioned in regulation 4;
“expenditure” means expenditure of a kind mentioned in regulation 5;
“expenditure incurred by an education authority” includes expenditure incurred —
by the governing body of an aided school,
by the persons responsible for the maintenance of a special school not maintained by an education authority, or
by persons employing youth and community workers, and reimbursed by the authority;
“grant” means a grant in pursuance of these Regulations;
“head teacher mentor programme” means a programme of regional projects for the training of inexperienced head teachers whereby experienced head teachers give advice and assistance to support the professional development of inexperienced head teachers;
“higher rate for England” means 100 per cent;
“higher rate for Wales” means 65 per cent;
“mentor” means an experienced head teacher giving advice and assistance under a head teacher mentor programme;
“nursery nurse” means a person who holds the Diploma in Nursery Nursing or the Diploma in Post-Qualifying Studies of the National Nursery Examination Board or the National Diploma in Caring Services of the Business and Technician Education Council and who is employed in connection with the education of children up to and including the age of 8;
“qualified teacher” means a person who, by virtue of the regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 , is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
“special educational needs” has the meaning assigned to it by section 1 of the Education Act 1981 ;
“standard rate” means 60 per cent;
“trainee” means a person undergoing eligible training in respect of whom grant is payable under these Regulations.
2
In these Regulations a reference to a regulation is a reference to a regulation contained therein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Employment connected with leisure-time facilities
3
All categories of employment connected with leisure-time facilities, excluding those of a solely administrative, secretarial, clerical or manual nature, are hereby prescribed for the purpose of the definition of “youth and community worker” in section 50(4) of the Education (No. 2) Act 1986.
Grants by the Secretary of State
4
The Secretary of State is hereby authorised, subject to and in accordance with these Regulations, to make grants to education authorities to facilitate and encourage —
a
the further training as teachers of qualified teachers, whether or not they are employed as such;
b
the training or further training as teachers of persons other than qualified teachers who are employed as teachers by an education authority, by the governing body of an aided school or by the persons responsible for the maintenance of a special school not maintained by an education authority;
c
the training as teachers of students studying for the Postgraduate Certificate in Education under arrangements made with an education authority for their training in schools maintained by the authority and known as the “Articled Teachers Scheme”;
d
the training of qualified teachers (whether or not they are employed as such) and other persons who are employed as teachers by an education authority or by the governing body of an aided school as —
i
youth and community workers,
ii
educational psychologists,
iii
education authority inspectors, or
iv
education advisers;
e
the training or further training of those employed —
i
as youth and community workers,
ii
as educational psychologists,
iii
as education authority inspectors, or
iv
by an education authority as education advisers;
f
he further training of those employed by an education authority as nursery nurses;
g
the training or further training of those employed as foreign language assistants being persons registered as such with the Central Bureau for Educational Visits and Exchanges;
h
the training or further training of those employed in schools as secretaries, or bursars or in other administrative capacities; and
i
the training of head teachers as mentors.
Expenditure in respect of which grants are payable
5
Grants shall be payable only in respect of expenditure incurred or to be incurred by an education authority on or after 1st April 1993 on —
a
tuition fees, examination fees and residential and other charges payable in respect of eligible training;
b
discretionary awards under section 2 of the Education Act 1962 paid as bursaries to students participating in the Articled Teachers Scheme referred to in regulation 4(c);
c
travelling, subsistence and other incidental expenses of a trainee;
d
that part of the remuneration of persons whose employment is necessary to free the trainee for training which relates to the period during which their employment is so necessary;
e
the cost of providing, planning, co-ordinating, monitoring and evaluating eligible training, including the provision of premises for such training:
provided that where such costs are incurred for such purposes and for other purposes grant shall be payable only on such proportion of those costs as is attributable to the provision, planning, co-ordinating, monitoring or evaluation of eligible training.
Conditions for payment of grant
6
It shall be a condition for the payment of grant to any education authority that the authority shall have submitted to the Secretary of State proposals for expenditure to be incurred by them on eligible training —
a
in such form,
b
at such time,
c
containing such particulars of expenditure which the authority proposes to incur on training eligible for grant at the higher rate for England or the higher rate for Wales, and
d
containing such particulars of expenditure which the authority proposes to incur in respect of such other eligible training,
as the Secretary of State may determine.
Amount of grant
7
1
The Secretary of State shall notify the education authority in writing of the maximum amount of expenditure to be incurred by the authority on training for each particular purpose or group of purposes which will be eligible for grant, which maximum amount may, in any case, be nil.
2
Where it appears to the Secretary of State that an education authority does not expect to incur expenditure up to, or wishes to incur expenditure in excess of, a maximum amount notified for a particular purpose or group of purposes under paragraph (1), the Secretary of State may, after consulting the authority, by notice in writing to the authority reduce or increase the maximum amount of expenditure so notified. A notice given under this paragraph shall, for the purposes of these Regulations, be deemed to be a notice of the maximum amount of expenditure to be incurred by the authority on training for that particular purpose or group of purposes which will be eligible for grant.
Rate of grant
8
1
Grant at the higher rate for England shall be payable in respect of any expenditure incurred by an education authority in England on bursaries paid under regulation 5(b) to students participating in the Articled Teachers Scheme up to the maximum amount for such expenditure notified under regulation 7(1) or (2).
2
Grant at the higher rate for Wales shall be payable in respect of any expenditure incurred by an education authority in Wales for the purpose of training students participating in the Articled Teachers Scheme referred to in regulation 4(c) up to the maximum amount for such expenditure notified under regulation 7(1) or (2).
3
Grant at the standard rate shall be payable in respect of any expenditure incurred by an education authority on any other eligible training up to the maximum amount for such expenditure notified under regulation 7(1) or (2).
Applications for payment or grant
9
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant shall relate to expenditure incurred or to be incurred during one or more of the following periods —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March;
and contain such particulars as the Secretary of State may determine
3
Where an application relating to expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted on or before 5th March in that year, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (4)(a).
4
Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the period commencing on 1st April or as soon as practicable thereafter —
a
submit to the Secretary of State an application which shall specify the expenditure in respect of which grant has been or is being applied for which has been incurred by the authority during that year; and
b
secure the submission to the Secretary of State of a certificate, signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the application submitted by the authority pursuant to this paragraph are fairly stated and that a grant at the rate applied for is properly payable pursuant to these Regulations.
5
No payment of grant shall be made on or after 1st April 1993 in respect of expenditure by an education authority incurred in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (4)(b) for that year.
6
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (4)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
Requests to be complied with
10
Any education authority to whom a payment of grant has been made shall, if so requested by the Secretary of State, furnish him with such further information as may be determined by him to enable him to verify that any grant paid has been properly paid under these Regulations.
11
Any education authority to whom payments of grant are made shall comply with such requests (including requests for the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be determined by the Secretary of State in the case in question.
Further conditions and requests
12
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined in pursuance of this regulation.
Revocation and transitional provisions
13
The Education (Training Grants) Regulations 1990 and the Education (Training Grants) (Amendment) Regulations 1991 are hereby revoked, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred on or before 31st March 1993, or affect any condition or request prescribed by or determined under any of the Regulations so revoked.
John Patten
Secretary of State for Education
18th January 1993
David Hunt
Secretary of State for Wales
18th January 1993


text:
Citation and interpretation
1
1
This Order may be cited as the Nurses, Midwives and Health Visitors Act 1992 (Commencement No. 1) Order 1993.
2
In this Order —
“the 1979 Act ” means the Nurses, Midwives and Health Visitors Act 1979 ;
“the 1992 Act ” means the Nurses, Midwives and Health Visitors Act 1992.
Appointed Day
2
1st April 1993 is the day appointed for the coming into force of the whole of the 1992 Act so far as it is not already in force , except for the following purposes —
a
effecting the substitution, by section 4 of the 1992 Act, of section 5(8) of the 1979 Act so far as that substitution consists of the addition of a new paragraph (e);
b
effecting the substitution, by section 4 of the 1992 Act, of section 5(9) of the 1979 Act so far as that substitution consists of the removal of that provision in its application to paragraph 7 of Schedule 2 to that Act;
c
bringing into force in Northern Ireland subsection (2) of section 5 of the 1992 Act and section 17(4) of the 1992 Act in its application to that provision; and
d
effecting the repeal, by section 16(2) of, and Schedule 3 to, the 1992 Act, of paragraph 7 of Schedule 2 to the 1979 Act.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
9th March 1993


text:
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insurance Companies (Switzerland) Regulations 1993 and shall come into force on 5th January 1994.
2
In these Regulations —
“the 1982 Act ” means the Insurance Companies Act 1982 ;
“the 1981 Regulations ” means the Insurance Companies Regulations 1981 ;
“the 1983 Regulations ” means the Insurance Companies (Accounts and Statements) Regulations 1983 .
AMENDMENTS OF THE 1982 ACT
Applications for authorisation
2
1
Part I of the 1982 Act (restrictions on carrying on insurance business) shall be amended as follows.
2
After subsection (3) of section 8 (applicants from other member States) insert the following subsection —
3A
Where the authorisation sought by an applicant whose head office is in Switzerland —
a
is an authorisation to carry on general business; and
b
is not restricted to reinsurance business,
this section shall apply in relation to that applicant as it applies in relation to an applicant whose head office is in a member State other than the United Kingdom.
3
After subsection (5) of section 9 (applicants from outside the Community) insert the following subsection —
5A
This section shall not apply where the authorisation sought by an applicant whose head office is in Switzerland —
a
is an authorisation to carry on general business; and
b
is not restricted to reinsurance business.
4
In subsection (2) of section 11 (withdrawal of authorisation in respect of new business), after paragraph (c) insert the following paragraph —
d
that the company is a Swiss general insurance company which has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in Switzerland.
5
For subsection (5) of that section substitute the following subsection —
5
Where a direction under this section has been given in respect of —
a
a company which has its head office, or has in accordance with section 9(2) above made a deposit, in a member State other than the United Kingdom; or
b
a Swiss general insurance company, the Secretary of State may revoke or vary the direction if after consultation with the supervisory authority in that member State or, as the case may be, in Switzerland he considers it appropriate to do so.
6
After subsection (6) of that section insert the following subsection —
7
In this Act “Swiss general insurance company” means an insurance company —
a
whose head office is in Switzerland;
b
which is authorised under section 3 or 4 above to carry on general business; and
c
whose authorisation is not restricted to reinsurance business.
Regulation of insurance companies
3
1
Part II of the 1982 Act (regulation of insurance companies) shall be amended as follows.
2
In section 27 (companies from outside the Community), for the words “whose head office is not in a member State” substitute the following paragraphs —
a
whose head office is not in a member State; and
b
which is not a Swiss general insurance company,
.
3
In subsection (3) of section 32 (margins of solvency), after the words “restricted to reinsurance” insert the words “or if it is a Swiss general insurance company”.
4
In subsection (1) of section 34 (companies supervised in other member States), after paragraph (b) insert the words
or
c
which is a Swiss general insurance company,
.
5
In subsection (2) of section 35 (form and situation of assets), after the words “whose head office is in a member State” insert the words “or which is a Swiss general insurance company”.
6
In subsection (2) of section 37 (grounds on which powers are exercisable), after paragraph (g) insert the following paragraph —
h
that the company is a Swiss general insurance company which has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in Switzerland.
7
In subsection (3)(a) of section 38 (requirements about investments), after the words “such a member State,” insert the words “or which is a Swiss general insurance company,”.
8
In subsection (4A) of section 51 (approval of transfers of general business) —
a
after the words “another member State” insert the words “or to a Swiss general insurance company”; and
b
after the words “of that State” insert the words “or, as the case may be, of Switzerland”.
9
For subsection (1) of section 52A (issue of certificates by Secretary of State) substitute the following subsection —
1
Where it is proposed to execute an instrument by which —
a
an insurance company established in another member State is to transfer to an insurance company whose head office is situated in the United Kingdom all its rights and obligations under such general or long term policies, or general or long term policies of such descriptions, as may be specified in the instrument; or
b
a Swiss general insurance company is to transfer to an insurance company whose head office is so situated all its rights and obligations under such general policies, or general policies of such descriptions, as may be so specified,
the Secretary of State may, if he is satisfied that the company whose head office is so situated possesses the necessary margin of solvency after taking the proposed transfer into account, issue a certificate to that effect.
10
In subsection (1) of section 63 (change of manager etc.of company from outside United Kingdom), after the words “restricted to reinsurance, ”insert the words “and in relation to a Swiss general insurance company”.
Definitions
4
In subsection (1) of section 96 of the 1982 Act (general interpretation), for the definition of “supervisory authority” substitute the following definitions —
“supervisory authority”, in relation to a member State other than the United Kingdom or in relation to Switzerland, means the authority responsible in that State or country for supervising insurance companies; `Swiss general insurance company' has the meaning given in section 11 above;
.
AMENDMENTS OF REGULATIONS
Amendments of the 1981 Regulations
5
1
In paragraph (1) of regulation 2 of the 1981 Regulations (interpretation: general) —
a
for the definition of “external company” substitute the following definition —
“external company” means a company, other than a Swiss general insurance company, whose head office is not in a member State;
; and
b
after the definition of “subsidiary” insert the following definition —
“Swiss general insurance company” has the same meaning as in the Insurance Companies Act 1982 except that it also includes a company whose head office is in Switzerland and which has applied for an authorisation to which paragraph (1A) below applies;
.
2
After that paragraph insert the following paragraph —
1A
This paragraph applies to any authorisation under section 3 of the Insurance Companies Act 1982 which is an authorisation to carry on general business and is not restricted to reinsurance business.
3
In paragraph (3) of regulation 29 of those Regulations (authorisation: submission of information), for the definition of “non-UK Community company” substitute the following definition —
“non-UK Community company”, in Schedule 4 and paragraph (2) so far as relating to that Schedule, means an insurance company whose head office is in a member State other than the United Kingdom, and in Schedule 5 and paragraph (2) so far as relating to that Schedule, means such an insurance company or a Swiss general insurance company.
4
At the beginning of paragraph 9 of Part II of Schedule 5 to those Regulations (information to be submitted: general business), insert the words “In the case of an insurance company whose head office is in a member State other than the United Kingdom,”.
5
After that paragraph insert the following paragraph —
9A
In the case of a Swiss general insurance company, a statement from the supervisory authorities in Switzerland —
a
stating the classes of insurance business which the company is authorised to carry on in Switzerland,
b
specifying the risks covered there,
c
declaring that the company is constituted in Switzerland in a form permitted by Annex 3 of the Agreement signed on 10th October 1989 between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance ,
d
confirming that the company limits its business activities to insurance and to operations directly arising therefrom to the exclusion of all other commercial business,
e
declaring that the company has the required solvency margin or minimum guarantee fund, and
f
specifying the financial resources from which the costs referred to in paragraph 17 below will be met.
Amendments of the 1983 Regulations
6
1
In paragraph (1) of regulation 3 of the 1983 Regulations (interpretation) —
a
at the end of the definition of “Community company” insert the words “or a Swiss general insurance company”;
b
for the definition of “external company” substitute the following definition —
“external company” means a company, other than a company to which section 9(2) of the Act applies or a Swiss general insurance company, whose head office is not in a member State;
; and
c
after the definition of “subordinated” insert the following definition —
“Swiss general insurance company” has the same meaning as in the Act;
.
2
In regulation 31 of those Regulations (transitional provisions) after paragraph (3) insert the following paragraph —
4
For financial years ending on or before the 31st December 1992, a Swiss general insurance company shall submit to the Secretary of State or prepare the documents which it would be required by these Regulations so to submit or to prepare if it were an external company.
Consequential revocation.
7
Paragraph (4)(a) of regulation 3 of the Insurance Companies (Amendment) Regulations 1993 (which is superseded by regulation 3(8) above) is hereby revoked.
Neil Hamilton
Parliamentary Under-Secretary of State
Department of Trade and Industry
13th December 1993