text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barts National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
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 he has a function to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Barts 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 Barts National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at St Bartholomew’s Hospital, West Smithfield, London, EC1A 7BE and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from St Bartholomew’s Hospital, West Smithfield, London, EC1A 7BE and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the nonexecutive directors shall be appointed from University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1993.
2
The accounting date of the trust shall be 31 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 City and Hackney 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 City and Hackney 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 the 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 City and Hackney 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.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the North Tyneside Steam Railway LightRailway Order 1991 and shall come into force on 28th March 1991.
Interpretation
2
1
In this Order, unless the context otherwise requires, the followingwords and expressions have the meanings hereby respectively assigned tothem, that is to say: —
“the Board” means the British Railways Board;
“the Board’s railway” means —
so much of the former Blyth and Tyne railway of the Board ascomprises that part of the railway and branch railways described in andauthorised by section 22 (Power to maintain Railway and Branchesaccording to deposited Plans) of the Blyth and Tyne Railway Act 1852 and section 38 (Power to make and maintain Worksaccording to deposited Plans) of the Blyth and Tyne RailwayConsolidation and Extensions Act 1854 ; and
the former Rising Sun Colliery railway of the Board, being therailway described in and authorised by section 5 (Power to the Companyto make railway and widenings) of the London and North Eastern RailwayAct 1938 ;
and includes all the land and works relating thereto;
“the Council” means the Council of the Borough of North Tyneside;
“the deposited plans” and“the deposited sections” mean respectively the plans and sections deposited in respect ofthe application for this Order with the Department of Transport;
“the principal Act ” means the Light Railways Act 1896;
“the railways” means the railways authorised to be constructed, made andmaintained in accordance with article 5 of this Order;
“the Trustees of the Duke of Northumberland” means the trustees for the time being of the Duke ofNorthumberland’s settlement dated 19th April 1972.
2
Reference points specified in this Order shall be construed asreferences to Ordnance Survey National Grid reference points.
Incorporation of general Acts
3
1
The provisions of the Railways Clauses Consolidation Act 1845 except sections 8 to 15, 17, 32 to 44, 47 to 57, 59 to63, 69 to 74, 88 to 95, and 115 to 124 are incorporated with and formpart of this Order, so far as the same are applicable for the purposesof and are not inconsistent with or varied by the provisions of thisOrder, and this Order shall be the special Act for the purposes of thoseincorporated provisions.
2
Subject to the provisions of this Order such of the enactments setout in the Second Schedule to the principal Act as are still in force(except section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and theCompany’s servants to be provided) and sections 1 and 5 of theRegulation of Railways Act 1889 (power to order certain provisions to be made for publicsafety and penalty for avoiding payment of fare)) shall not apply to therailways.
3
In its application to the railways the said section 22 of theRegulation of Railways Act 1868 shall have effect as if the words“and travels more than twenty miles without stopping” were omitted therefrom.
4
In their application to the railways sections 78 to 85 of theRailways Clauses Consolidation Act 1845 shall have effect as originallyenacted and not as amended for certain purposes by section 15 of theMines (Working Facilities and Support) Act 1923 .
5
Without prejudice to the foregoing provisions of this article,sections 116 to 118 of the Transport Act 1968 shall apply to therailways as if references in those sections to the Board were referencesto the Council.
6
In their application to the railways, the provisions of the RailwaysClauses Consolidation Act 1845 incorporated with this Order shall haveeffect as if any reference to the clerk of the peace were a reference tothe proper officer of the Council.
Transfer of Board’s railway to Council
4
1
The Board and the Council may enter into and carry into effectagreements providing for the transfer to and the vesting in the Councilof the Board’s railway or any part thereof on such terms and conditionsas may be agreed between the Board and the Council.
2
Except as may be otherwise provided in this Order, where anyagreement is made under this article, as from the transferdate —
a
the Council shall to the exclusion of the Board be entitled to thebenefit of, and to exercise all rights, powers and privileges and besubject to all obligations statutory or otherwise relating to thetransferred railway (insofar as the same are still subsisting andcapable of taking effect) to the intent that the Board shall be releasedfrom all such obligations; and
b
the transferred railway shall be subject to all statutory and otherprovisions applicable to the Board’s railway (insofar as the same arestill subsisting and capable of taking effect).
3
In this article, in relation to an agreement made under thisarticle —
a
“the transfer date” means the date on which the Board’s railway or any part thereof isvested in the Council by virtue of the agreement; and
b
“the transferred railway” means so much of the Board’s railway as is vested in the Council byvirtue of the agreement.
Power to make and maintain railways
5
Subject to the provisions of this Order, the Council may, in thelines or situations and within the limits of deviation shown on thedeposited plans and according to the levels shown on the depositedsections, construct, make and maintain, in the County of Tyne and Wearin the Metropolitan Borough of North Tyneside, the following railwaystogether with all necessary works and conveniences connectedtherewith —
a
on land owned by them, the railway described as Railway No. 1 inthe Schedule to this Order;
b
on such part of the line of the Board’s railway as is transferredby virtue of any agreement made under article 4 of this Orderand —
i
as to part, on land owned by the Trustees of the Duke ofNorthumberland and leased by them to the Board,
ii
as to part, on land owned by the Council, and
iii
as to the remainder, on land owned by the Council and subjectto a Lease of Wayleave dated 14th April 1939,
the railway described as Railway No. 2 in the Schedule to thisOrder; and
c
on such part of the line of the Board’s railway as is transferredby virtue of any agreement made under article 4 of this Order,and —
i
as to part, on land owned by the Trustees of the Duke ofNorthumberland and leased by them to the Board, and
ii
as to the remainder, on land owned by the Council,
the railway described as Railway No. 3 in the Schedule to thisOrder.
Power to work and maintain railways as a light railway
6
Subject to the provisions of this Order, the Council may work andmaintain the railways as a light railway under the principal Act.
Power to deviate
7
In the construction of the railways or any part thereof the Councilmay deviate from the line or situation thereof shown on the depositedplans to the extent of the limits of deviation shown on the depositedplans and may deviate vertically from the levels shown on the depositedsections to any extent not exceeding three metres upwards and threemetres downwards.
As to crossing of footpath on level
8
1
The Council may in the construction of Railway No. 3 carry the samewith a single line of rails across and on the level of the footpathbetween the points marked A and B on the deposited plans and nothing inthis Order contained or incorporated shall require the provision ofkeepers at the said crossing.
2
The Council shall provide and maintain at the saidcrossing —
a
a self-closing wicket gate, opening away from the line, on eachside of the railway, and
b
signs bearing the wording "STOP, LOOK AND LISTEN' on each side ofthe railway facing towards pedestrians approaching the level crossing.
Gauge of railway and motive power
9
The railways shall be constructed on a gauge of 1.435 metres orthereabouts and the motive power shall be steam or internal combustionor such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Council to useelectrical power as motive power unless such power is obtained fromstorage batteries or from a source of generation entirely contained inand carried along with the engine and carriages:
Provided also that if electrical power is used on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus as defined in the telecommunications code contained in Schedule 2 to the Telecommunications Act 1984 or with telecommunications by means of any suchapparatus.
Restriction of weight on rails and of speed: conveyance ofpassengers
10
1
The Council shall not use upon the railways any engine, carriage ortruck bringing any weight upon the rails by any one pair of wheelsexceeding such weight as the Secretary of State may allow.
2
The Council shall not run any train or engine upon any part of therailways at a rate of speed exceeding at any time that fixed by theSecretary of State for such part.
3
No part of the railways shall be used for the conveyance ofpassengers without the permission in writing of the Secretary of Statebeing first had and obtained and the Council shall comply with theconditions (if any) which the Secretary of State may from time to timeprescribe for the safety of persons using the railways.
4
If the Council contravene any of the provisions of this article theyshall for each offence be liable on summary conviction to a fine notexceeding level 2 on the standard scale.
Public liability insurance
11
1
In this article“insurer” means any insurer or insurers authorised under the InsuranceCompanies Act 1982 to carry on in the United Kingdom insurance business ofa relevant class or who has corresponding authorisation under the law ofanother member State of the European Economic Community.
2
The Council shall at all times maintain a public liability policywith an insurer providing cover of not less than one million pounds inrespect of any one accident on or occasioned by the operation of therailways and the adequacy of the cover provided by the policy shall beregularly reviewed by the Council.
3
The Council shall not work the railways unless there is in force apublic liability policy in accordance with the provisions of thisarticle.
4
If the Council fail to comply with the provisions of this articlethey shall be liable on summary conviction to a fine not exceeding level5 on the standard scale or on conviction on indictment to a fine.
For protection of public undertakers
12
Nothing in this Order shall prejudice or affect the rightsof —
a
any public gas supplier, within the meaning of Part 1 of the GasAct 1986 , or
b
Northumbrian Water Limited,
in any apparatus belonging to them or for the maintenance of whichthey are responsible, or any structure for the lodging therein ofapparatus, being any apparatus or structure situate under, over or uponlands in or upon which the railways are constructed.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
27th March 1991.


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers'Compensation) (Payment of Claims) (Amendment) Regulations 1991 and shallcome into force on 1st April 1991.
2
These Regulations apply in relation to any case in which a personfirst satisfies the conditions of entitlement to a payment under the Acton or after the date on which they come into force.
Interpretation
2
In these Regulations the“ principal Regulations ” means the Pneumoconiosis etc. (Workers' Compensation) (Payment ofClaims) Regulations 1988 .
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with thefollowing provisions of this Regulation.
2
a
the Schedule to these Regulations shall be substituted for theSchedule to those Regulations, and
b
the amount of £1,606 shall be substituted for the amount of £1,473in Regulations 5(1) and 8 of those Regulations, and the amount of £3,322shall be substituted for the amount of £3,048 in regulation 6(1) ofthose Regulations.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
27th March 1991


text:
Citation and commencement
1
This Order may be cited as the Property Services Agency SuppliesTrading Fund Order 1976 (Revocation) Order 1991 and shall come intoforce on 31st March 1991.
Revocation
2
The Property Services Agency Supplies Trading Fund Order 1976 is hereby revoked.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
26th March 1991
We concur
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Britannia Cablesystems Solent Limited) Order 1991 and shall come into force on10th July 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
7th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Devon Health Care National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 5th June 1992.
2
In this Order:
“the Authority” means Torbay Health Authority;
“the Trust” means the South Devon Health Care 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 before the date on which this Order is made, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th June 1992 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
7th May 1992


text:
1
These Regulations may be cited as the Savings Certificates (Yearly Plan) (Amendment) Regulations 1992 and shall come into force on 1st January 1993.
2
The Saving Certificates (Yearly Plan) Regulations 1984 shall be amended: —
1
in regulation 2, by inserting the following definition —
“the adjudicator” means a person appointed under section 84 of the Friendly Societies Act 1992 ,
and by omitting the definition of “Chief Registrar of friendly societies”;
2
in regulation 23, by substituting for the words “Chief Registrar of friendly societies” and “Chief Registrar” in all the places that they appear the word “adjudicator”;
3
by adding to regulation 23 the following new paragraph —
5
Where a dispute of the sort referred to in paragraph (1) above was referred before 1 January 1993 to the Chief Registrar of friendly societies or a deputy appointed by him or (by virtue of the application of these Regulations to Scotland) to the assistant registrar of friendly societies for Scotland, that dispute shall be treated as if it had been referred to the adjudicator and any thing done in relation to such a dispute by the Chief Registrar, any deputy appointed by him or the assistant registrar shall be treated as a thing done by the adjudicator.
;
4
by omitting regulation 33(g).
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury.
9th December 1992


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) Regulations 1992 and shall come into force on 3rd April 1992.
2
The Local Authorities (Capital Finance) Regulations 1990 shall be further amended by the insertion after regulation 26 of the following Part —
PART VIII A
Use of amounts set aside to meet credit liabilities
Interpretation
26A
— In this Part —
“excluded expenditure” means expenditure for capital purposes incurred in the making of agrant or loan, or the giving of financial assistance, of a kind described in paragraph 3(a) and (b) of Schedule 1 to these Regulations;
“health authority” has the meaning given by section 128(1) of the National Health Service Act 1977 ;
“relevant amount” means any amount set aside by a relevant authority on or before 31st March 1992 (whether voluntarily or pursuant to a requirement under Part IV of the Act ) as provision to meet credit liabilities;
“relevant authority” means a local authority in England who have no money outstanding by way of borrowing other than short-term borrowing (within the meaning of section 45(6)) or borrowing which was undertaken under section 5 of the City of London (Various Powers) Act 1924 and whose credit ceiling, as determined under Part III of Schedule 3 to the Act, is, on the date which is the relevant date for any financial year, a negative amount;
“relevant date” shall be construed in accordance with section 64(4).
Specified purposes and bodies
26B
1
The purposes for which a relevant amount may be applied by a relevant authority under section 64(2)(a) are —
a
in relation to a relevant amount set aside in respect of a capital receipt falling within paragraph 2 of Schedule 1 to these Regulations, to meet expenditure incurred for capital purposes in respect of the matters referred to in that paragraph;
b
in relation to any other relevant amount, to meet expenditure incurred for capital purposes other than excluded expenditure.
2
The bodies to whom a relevant amount may be transferred by a relevant authority under section 64(2)(b) are —
a
in the case of a relevant authority which is one of the councils specified in section 39(1)(a) to (e), a health authority acting in the area of that council;
b
in the case of a relevant authority which is a county council, a district council or the Council of the Isles of Scilly and whose area is in a police area combined by an amalgamation scheme under Part I of the Police Act 1964 , the combined police authority constituted by that scheme;
c
in the case of a relevant authority which is a metropolitan district council or a district council in the county of Northumberland not falling within subparagraph (b) above, the police authority for the police area comprising the area of that council;
d
in the case of a relevant authority which is a non-metropolitan district council, the county council for the district;
e
in the case of a relevant authority which is a metropolitan district council, the fire and civil defence authority established by Part IV of the Local Government Act 1985 in relation to which such a council is a constituent council; and
f
in the case of a relevant authority which is a London borough council or the Common Council of the City of London, the London Fire and Civil Defence Authority established by that Part.
Specified conditions
26C
1
Where a relevant amount has been set aside in respect of a capital receipt derived from a disposal under section 32 of the Housing Act 1985 and the Secretary of State has given, with respect to that capital receipt, directions under section 34(4B) or 43(4B) of that Act or a direction under section 59(6), a relevant authority shall, in applying or transferring that relevant amount under section 64(2), comply with the condition specified in paragraph (2) below.
2
The total amount applied or transferred in any financial year in respect of any such relevant amount as is mentioned in paragraph (1) above shall not exceed the lesser of the sums determined by the formulae
P × B ; or ( R × B ) - Q
where
P is £70;
B is the relevant population for the financial year in question calculated by the Secretary of State in relation to the relevant authority’s area in accordance with Schedule 12A to the Local Government Finance Act 1988 ;
R is, in the financial year in which the capital receipt was received, £70, or, in any subsequent financial year, that sum increased by £50 for each such subsequent financial year;
Q is the aggregate of amounts applied or transferred in respect of any such relevant amount as is mentioned in paragraph (1) above before the beginning of the financial year in question.
3
In transferring a relevant amount under section 64(2)(b) in any financial year to a body mentioned in regulation 26B(2) above, and with respect to any such relevant amount, a relevant authority shall comply with the conditions specified in paragraph (4) below.
4
The conditions mentioned in paragraph (3) above are that —
a
the relevant authority may only transfer the relevant amount to meet expenditure for capital purposes incurred or to be incurred by the body in question which —
i
is not excluded expenditure; and
ii
has been or is to be incurred in the financial year in question or in the preceding or following financial year in connection with an exercise of that body’s functions which is of substantial benefit to the relevant authority’s area or any part of it; and
iii
in relation to a relevant amount mentioned in regulation 26B(1)(a) above, is in respect of the matters mentioned in that sub-paragraph;
b
the relevant amount transferred may not, in any particular case, exceed —
i
where, at the time of the transfer, the expediture mentioned in paragraph (a) above is to be incurred, one-half of the body’s estimate of that expenditure;
ii
where, at that time, the expenditure so mentioned has been incurred, one-half of that expenditure (but disregarding any expenditure in respect of which a relevant amount has been transferred in pursuance of an estimate under the preceding sub-paragraph).
.
Michael Heseltine
Secretary of State for the Environment
13th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Charities (Receiver and Manager) Regulations 1992 and shall come into force on 1st November 1992.
2
In these Regulations —
“the 1960 Act ” means the Charities Act 1960;
“the appointed person” means a person appointed by order under section 20(1)(vii) of the 1960 Act to be receiver and manager in respect of the property and affairs of a charity;
“the relevant charity” means the charity in respect of which that person was appointed; and
“the relevant order” means the order by which that person was appointed.
Security by appointed person
2
The Commissioners are hereby authorised to require the appointed person to give security to them for the due discharge of his functions within such time and in such form as they may specify.
Remuneration of appointed person
3
1
The Commissioners are hereby authorised to determine the amount of an appointed person’s remuneration.
2
The remuneration of an appointed person shall be payable out of the income of the relevant charity.
3
The Commissioners are hereby authorised to disallow any amount of remuneration of an appointed person where, on the expiry of the time specified in the notice referred to in regulation 4(2) below and after consideration of such representations, if any, as are duly made in response to such a notice, they are satisfied that he has failed in such manner as is set out in paragraph (a) or (b) of regulation 4(1) below and specified in such a notice.
Notice of failure to, and removal of, appointed person
4
1
Where it appears to the Commissioners that an appointed person has failed —
a
to give security within such time or in such form as they have specified, or
b
satisfactorily to discharge any function imposed on him by or by virtue of the relevant order or by regulation 5 below,
and they wish to consider exercising their powers under regulation 3(3) above or paragraph (3) below, they shall give him, whether in person or by post, a written notice complying with paragraph (2) below.
2
A notice given to an appointed person under paragraph (1) above shall inform him of —
a
any failure under paragraph (1)(a) or (b) above in respect of which the notice is issued;
b
of the Commissioners' power under regulation 3(3) above to authorise the disallowance of any amount of remuneration if satisfied as to any such failure;
c
of their power under paragraph (3) below to remove him if satisfied as to any such failure; and
d
of his right to make representations to them in respect of any such alleged failure within such reasonable time as is specified in the notice.
3
On the expiry of the time specified in the notice referred to in paragraph (2) above and after consideration of such representations, if any, as are duly made in response to such a notice, the Commissioners may remove an appointed person where they are satisfied that he has failed in such manner as is set out in paragraph (1)(a) or (b) above and specified in such notice (whether or not they also exercise the power conferred by regulation 3(3) above).
Reports by appointed person
5
1
This regulation makes provision in respect of the reports which are to be made by an appointed person to the Commissioners (and which, in addition to the matters which are required to be included by virtue of paragraphs (2) to (4) below, may also include particulars of any matter which, in his opinion, should be brought to their attention).
2
An appointed person shall make a report to the Commissioners not later than three months after the date of his appointment setting out —
a
an estimate by him of the total value of the property of the relevant charity on, or shortly after, the date of his appointment;
b
such information about the property and affairs of the relevant charity immediately prior to his appointment as he believes should be included in the report, notwithstanding that it may also be eventually included in a report under section 6 of the 1960 Act ; and
c
his strategy for discharging the functions conferred on him by or by virtue of the relevant order.
3
For as long as an appointed person holds office as such, he shall make a report to the Commissioners not later than one month after each anniversary of his appointment setting out —
a
an estimate by him of the total value of the property of the relevant charity on that anniversary of his appointment in respect of which the report is required to be made;
b
a summary of the discharge by him of the functions conferred on him by or by virtue of the relevant order during the twelve months ending with that anniversary; and
c
where there are changes to his strategy as last set out in a report in accordance with paragraph (2)(c) above or, as the case may be, this sub-paragraph, those changes.
4
Subject to paragraph (5) below, an appointed person shall make a report to the Commissioners not later than three months after the date when he ceased to hold office as such setting out —
a
an estimate by him of the total value of the property of the relevant charity on that date; and
b
a summary of the discharge by him of the functions conferred on him by or by virtue of the relevant order during the period ending with that date and beginning with either —
i
the date of his appointment; or
ii
if that date is more than twelve months before the date when he ceased to hold office as an appointed person, the day immediately after the last anniversary of his appointment.
5
Paragraph (4) above does not apply where an appointed person ceased to hold office one month or less after an anniversary of his appointment and a report had been made to the Commissioners in accordance with paragraph (3) above in respect of that anniversary.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
1st October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1992 and shall come into force on 1st April 1993.
University non-officer members for District Health Authorities
2
The Regional and District Health Authorities (Membership and Procedure) Regulations 1990 are amended by the substitution in Part I of Schedule 1 for the entries “Camberwell Health Authority”, “Lewisham and North Southwark Health Authority” and “West Lambeth Health Authority” of the entry “South East London Health Authority”.
William Waldegrave
Secretary of State for Health
21st February 1992


text:
PART I
INTRODUCTION
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support Commissioners (Procedure) Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support Act 1991;
“appeal tribunal” means a child support appeal tribunal;
“the chairman”, for the purposes of regulations 2 and 3, means —
the person who was the chairman of the appeal tribunal which gave the decision against which leave to appeal is being sought; or
where the application for leave to appeal to a Commissioner was dealt with under regulation 2(2), the chairman who dealt with the application;
“Chief Commissioner” means the Chief Child Support Commissioner appointed under section 22(1) of the Act;
“Commissioner” means the Chief or any other Child Support Commissioner appointed under section 22(1) of the Act and includes a Tribunal of Commissioners constituted under paragraph 5 of Schedule 4 to the Act;
“proceedings” means any proceedings before a Commissioner, whether by way of an application for leave to appeal to, or from, a Commissioner, or by way of an appeal or otherwise;
“respondent” means any person, other than the applicant or appellant, who participated as a party to the proceedings before the appeal tribunal, and any other person who, pursuant to a direction given under regulation 7(1)(a), is served with notice of the appeal; and
“summons” in relation to Scotland, means “citation” and regulation 14 shall be construed accordingly.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;
c
in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.
PART II
APPLICATIONS FOR LEAVE TO APPEAL AND APPEALS TO A COMMISSIONER
Application to the chairman of an appeal tribunal or to a Commissioner for leave to appeal to a Commissioner
2
1
An application for leave to appeal to a Commissioner from the decision of an appeal tribunal shall be made —
a
in the case of an application to the chairman of an appeal tribunal, within the period of 3 months beginning with the date on which notice of the decision of the tribunal was given or sent to the applicant; or
b
in the case of an application to a Commissioner, within the period of 42 days beginning with the date on which notice of the refusal of leave to appeal by the chairman of the appeal tribunal was given or sent to the applicant.
2
Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of an appeal tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under paragraph 3 of Schedule 3 to the Act to act as a chairman of appeal tribunals.
3
Subject to paragraph (4), an application may be made to a Commissioner for leave to appeal against a decision of an appeal tribunal only where the applicant has been refused leave to appeal by the chairman of the appeal tribunal.
4
Where there has been a failure to apply to the chairman of the tribunal, either within the time specified in paragraph (1)(a) or at all, an application for leave to appeal may be made to a Commissioner who may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.
5
A Commissioner may accept and proceed to consider and determine an application for leave to appeal under paragraph (3) notwithstanding that the period specified for making the application has expired if for special reasons he thinks fit.
Notice of application for leave to appeal to a Commissioner
3
1
An application for leave to appeal shall be brought by a notice in writing to the clerk to the tribunal at the Central Office of Child Support Appeal Tribunals at Anchorage Two, Anchorage Quay, Salford Quays, Manchester, M5 2YN or, as the case may be, to a Commissioner, and shall contain —
a
the name and address of the applicant;
b
the grounds on which the applicant intends to rely;
c
an address for service of notices and other documents on the applicant; and
d
where the applicant is to be represented by a person who is not a barrister, advocate or solicitor, the written authority of the applicant for that person to represent him,
and the notice shall have annexed to it a copy of the decision against which leave to appeal is being sought.
2
In the case of an application for leave to appeal to a Commissioner made to a Commissioner where the applicant has been refused leave to appeal by the chairman of an appeal tribunal the notice shall also have annexed to it a copy of the decision refusing leave to appeal, and shall state the date on which the applicant was given notice of the refusal of leave.
3
Where the applicant has failed to apply within the time specified in regulation 2(1)(a) or, as the case may be, 2(1)(b) for leave to appeal, the notice of application for leave to appeal shall, in addition to complying with paragraph (1), state the grounds relied upon for seeking acceptance of the application notwithstanding that the relevant period has expired.
4
In a case where the application for leave to appeal is made by a child support officer he shall send a copy of the application to each person who was a party to the proceedings before the appeal tribunal, and in any other case the clerk to the tribunal or, as the case may be, the Office of the Commissioner shall send a copy of the application to each person, other than the applicant, who was such a party.
5
An applicant for leave to appeal to a Commissioner may at any time before the application is determined withdraw it by giving written notice of withdrawal to the clerk to the tribunal or, as the case may be, to the Commissioner.
Determination of applications for leave to appeal
4
1
The determination of an application for leave to appeal to a Commissioner made to the chairman of an appeal tribunal shall be recorded in writing by the chairman and a copy of the determination shall be sent by the clerk to the tribunal to the applicant and every other person to whom notice of the application was given under regulation 3(4).
2
Unless a Commissioner directs to the contrary, where a Commissioner grants leave to appeal on an application made in accordance with regulation 3, notice of appeal shall be deemed to have been duly given on the date when notice of the determination was given to the applicant and the notice of application shall be deemed to be a notice of appeal duly served under regulation 5.
3
If on consideration of an application for leave to appeal to him from the decision of an appeal tribunal the Commissioner grants leave he may, with the consent of the applicant and each respondent, treat the application as an appeal and determine any question arising on the application as though it were a question arising on an appeal.
Notice of appeal
5
1
Subject to regulation 4(2), an appeal shall be brought by a notice to a Commissioner containing —
a
the name and address of the appellant;
b
the date on which leave to appeal was granted;
c
the grounds on which the appellant intends to rely;
d
an address for service of notices and other documents on the appellant,
and the notice shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.
Time limit for appealing
6
1
Subject to paragraph (2), a notice of appeal shall not be valid unless it is served on a Commissioner within 42 days of the date on which the applicant was given notice in writing that leave to appeal had been granted.
2
A Commissioner may accept a notice of appeal served after the expiry of the period prescribed by paragraph (1) if for special reasons he thinks fit.
Directions on notice of appeal
7
1
As soon as practicable after the receipt of a notice of appeal a Commissioner shall give such directions as appear to him to be necessary, specifying —
a
the parties who are to be respondents to the appeal; and
b
the order in which and the time within which any party is to be allowed to make written observations on the appeal or on the observations made by any other party.
2
If in any case two or more persons who were parties to the proceedings before the appeal tribunal give notice of appeal to a Commissioner, a Commissioner shall direct which one of them is to be treated as the appellant, and thereafter, but without prejudice to any rights or powers conferred on appellants by the Act or these Regulations, any other person who has given notice of appeal shall be treated as a respondent.
3
Subject to regulation 23(2)(b), the time specified in directions given under paragraph (1)(b) as being the time within which written observations are to be made shall be not less than 30 days beginning with the day on which the notice of the appeal or, as the case may be, the observations were sent to the party concerned.
Acknowledgement of a notice of appeal and notification to each respondent
8
There shall be sent by the office of the Child Support Commissioners —
a
to the appellant, an acknowledgement of the receipt of the notice of appeal; and
b
to each respondent, a copy of the notice of appeal.
Secretary of State as respondent to an appeal
9
The Secretary of State may at any time apply to a Commissioner for leave to intervene in an appeal pending before a Commissioner, and if such leave is granted the Secretary of State shall thereafter be treated as a respondent to that appeal.
PART III
GENERAL PROCEDURE
Other directions
10
1
Where it appears to a Commissioner that an application or appeal which is made to him gives insufficient particulars to enable the question at issue to be determined, he may direct the party making the application or appeal or any respondent to furnish such further particulars as may reasonably be required.
2
At any stage of the proceedings a Commissioner may, either of his own motion or on application, give such directions or further directions as he may consider necessary or desirable for the efficient and effective despatch of the proceedings.
3
Without prejudice to the provisions of paragraph (2), a Commissioner may direct any party to any proceedings before him to make such written observations as may seem to him necessary to enable the question at issue to be determined.
4
An application under paragraph (2) shall be made in writing to a Commissioner and shall set out the direction which the applicant is seeking to have made and the grounds for the application.
5
Unless a Commissioner otherwise determines, an application made pursuant to paragraph (2) shall be copied by the office of the Child Support Commissioners to the other parties.
6
The powers to give directions conferred by paragraphs (2) and (3) include power to revoke or vary any such direction.
Requests for oral hearings
11
1
Subject to paragraphs (2) and (3), a Commissioner may determine an application for leave to appeal or an appeal without an oral hearing.
2
Where in any proceedings before a Commissioner a request is made by any party for an oral hearing the Commissioner shall grant the request unless, after considering all the circumstances of the case and the reasons put forward in the request for the hearing, he is satisfied that the application or appeal can properly be determined without a hearing, in which event he may proceed to determine the case without a hearing and he shall in writing either before giving his determination or decision, or in it, inform the person making the request that it has been refused.
3
A Commissioner may of his own motion at any stage, if he is satisfied that an oral hearing is desirable, direct such a hearing.
Representation at an oral hearing
12
At any oral hearing a party may conduct his case himself (with assistance from any person if he wishes) or be represented by any person whom he may appoint for the purpose.
Oral hearings
13
1
This regulation applies to any oral hearing to which these Regulations apply.
2
Reasonable notice (being not less than 10 days beginning with the day on which notice is given and ending on the day before the hearing of the case is to take place) of the time and place of any oral hearing before a Commissioner shall be given to the parties by the office of the Child Support Commissioners.
3
If any party to whom notice of an oral hearing has been given in accordance with these Regulations should fail to appear at the hearing, the Commissioner may, having regard to all the circumstances including any explanation offered for the absence, proceed with the case notwithstanding that party’s absence, or may give such directions with a view to the determination of the case as he thinks fit.
4
Any oral hearing before a Commissioner shall be in public except where the Commissioner for special reasons directs otherwise, in which case the hearing or any part thereof shall be in private.
5
Where a Commissioner holds an oral hearing the applicant or appellant and every respondent shall be entitled to be present and be heard.
6
Any person entitled to be heard at an oral hearing may —
a
address the Commissioner;
b
with the leave of the Commissioner but not otherwise, give evidence, call witnesses and put questions directly to any other person called as a witness.
7
Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such from being present at an oral hearing before a Commissioner notwithstanding that the hearing is not in public.
Summoning of witnesses
14
1
Subject to paragraph (2), a Commissioner may summon any person to attend as a witness at an oral hearing, at such time and place as may be specified in the summons, to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the proceedings.
2
No person shall be required to attend in obedience to a summons under paragraph (1) unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, has informed the Commissioner that he accepts such notice as he has been given.
3
A Commissioner may upon the application of a person summoned under this regulation set the summons aside.
4
A Commissioner may require any witness to give evidence on oath and for that purpose there may be administered an oath in due form.
Postponement and adjournment
15
1
A Commissioner may, either of his own motion or on an application by any party to the proceedings, postpone an oral hearing.
2
An oral hearing, once commenced, may be adjourned by the Commissioner at any time either on the application of any party to the proceedings or of his own motion.
Withdrawal of applications for leave to appeal and appeals
16
1
At any time before it is determined, an application to a Commissioner for leave to appeal against a decision of an appeal tribunal may be withdrawn by the applicant by giving written notice to a Commissioner of his intention to do so.
2
At any time before the decision is made, an appeal to a Commissioner may, with the leave of a Commissioner, be withdrawn by the appellant.
3
A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been withdrawn in accordance with paragraphs (1) and (2) and, on giving leave, he may make such directions as to the future conduct of the proceedings as he thinks fit.
Irregularities
17
Any irregularity resulting from failure to comply with the requirements of these Regulations before a Commissioner has determined the application or appeal shall not by itself invalidate any proceedings, and the Commissioner, before reaching his decision, may waive the irregularity or take such steps as he thinks fit to remedy the irregularity whether by amendment of any document, or the giving of any notice or directions or otherwise.
PART IV
DECISIONS
Determinations and decisions of a Commissioner
18
1
The determination of a Commissioner on an application for leave to appeal shall be in writing and signed by him.
2
The decision of a Commissioner on an appeal shall be in writing and signed by him and, except in respect of a decision made with the consent of the parties, he shall record the reasons.
3
A copy of the determination or decision and any reasons shall be sent to the parties by the office of the Child Support Commissioners.
4
Without prejudice to paragraphs (2) and (3), a Commissioner may announce his determination or decision at the conclusion of an oral hearing.
5
When giving his decision on an application or appeal, whether in writing or orally, a Commissioner shall omit any reference to the surname of any child to whom the appeal relates and any other information which would be likely, whether directly or indirectly, to identify that child.
Correction of accidental errors in decisions
19
1
Subject to regulation 21, accidental errors in any decision or record of a decision may at any time be corrected by the Commissioner who gave the decision.
2
A correction made to, or to the record of, a decision shall become part of the decision or record thereof and written notice thereof shall be given by the office of the Child Support Commissioners to any party to whom notice of the decision had previously been given.
Setting aside of decisions on certain grounds
20
1
Subject to the following provisions of this regulation and regulation 21, on an application made by any party a decision may be set aside by the Commissioner who gave the decision in a case where it appears just to do so on the ground that —
a
a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or his representative, or was not received at an appropriate time by the Commissioner; or
b
a party or his representative had not been present at an oral hearing which had been held in the course of the proceedings; or
c
there has been some other procedural irregularity or mishap.
2
An application under this regulation shall be made in writing to a Commissioner within 30 days from the date on which notice in writing of the decision was given by the office of the Child Support Commissioners to the party making the application.
3
Where an application to set aside a decision is made under paragraph (1), each party shall be sent by the office of the Child Support Commissioners a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
4
Notice in writing of a determination of an application to set aside a decision shall be given by the office of the Child Support Commissioners to each party and shall contain a statement giving the reasons for the determination.
Provisions common to regulations 19 and 20
21
1
In regulations 19 and 20 the word “decision” shall include determinations of applications for leave to appeal as well as decisions on appeals.
2
Subject to a direction by a Commissioner to the contrary, in calculating any time for applying for leave to appeal against a Commissioner’s decision there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 19 or on which notice was given of a determination that a decision shall not be set aside under regulation 20, as the case may be.
3
There shall be no appeal against a correction or a refusal to correct under regulation 19 or a determination given under regulation 20.
4
If it is impracticable or likely to cause undue delay for a decision or record of a decision to be dealt with pursuant to regulation 19 or 20 by the Commissioner who gave the decision, the Chief Commissioner or another Commissioner may deal with the matter.
PART V
MISCELLANEOUS AND SUPPLEMENTARY
Confidentiality
22
1
No information such as is mentioned in paragraph (2), and which has been furnished for the purposes of any proceedings to which these Regulations apply, shall be disclosed except with the written consent of the person to whom the information relates.
2
The information mentioned in paragraph (1) is —
a
the address, other than the address of the office of the Commissioner concerned and the place where the oral hearing (if any) is to be held; and
b
any other information the use of which could reasonably be expected to lead to a person being located.
General powers of a Commissioner
23
1
Subject to the provisions of these Regulations, and without prejudice to regulations 7 and 10, a Commissioner may adopt such procedure in relation to any proceedings before him as he sees fit.
2
A Commissioner may, if he thinks fit —
a
subject to regulations 2(5) and 6(2), extend the time specified by or under these Regulations for doing any act, notwithstanding that the time specified may have expired;
b
abridge the time so specified; or
c
expedite the proceedings in such manner as he thinks fit.
3
Subject to paragraph (4), a Commissioner may, if he thinks fit, either on the application of a party or of his own motion, strike out for want of prosecution any application for leave to appeal or any appeal.
4
Before making an order under paragraph (3), the Commissioner shall send notice to the party against whom it is proposed that it shall be made giving him an opportunity to show cause why it should not be made.
5
A Commissioner may, on application by the party concerned, give leave to reinstate any application or appeal which has been struck out in accordance with paragraph (3) and, on giving leave, he may make such directions as to the future conduct of the proceedings as he thinks fit.
6
Nothing in these Regulations shall be construed as derogating from any other power which is exercisable apart from these Regulations.
Manner of and time for service of notices, etc.
24
1
Any notice or other document required or authorised to be given or sent to any party under the provisions of these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that party at his ordinary or last notified address.
2
Any notice or other document given, sent or served by post shall be deemed to have been given on the day on which it was posted.
3
Any notice or other document required to be given, sent or submitted to or served on a Commissioner —
a
shall be given, sent or submitted to an office of the Child Support Commissioners;
b
shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Child Support Commissioners.
Application to a Commissioner for leave to appeal to the Courts
25
1
A person who was a party to the proceedings in which the original decision or appeal decision was given (both of those expressions having the meaning assigned to them by section 25 of the Act) may appoint any person for the purpose of making an application for leave to appeal under section 25 of the Act.
2
An application to a Commissioner under section 25 of the Act for leave to appeal against a decision of a Commissioner shall be made in writing and shall be made within 3 months from the date on which the applicant was given written notice of the decision.
3
In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for such an application to be determined by the Commissioner who decided the case, that application shall be determined —
a
where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner; and
b
where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.
4
If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (3) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.
5
Regulations 16(1) and 16(3) shall apply to applications to a Commissioner for leave to appeal from a Commissioner as they do to the proceedings therein set out.
Mackay of Clashfern, C.
26th October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Cheshire Hospitals National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into operation on 1st April 1992.
2
In this Order —
“the Authority” means Crewe Health Authority;
“the Trust” means the Mid Cheshire Hospitals National Health Service Trust;
“the trust property” means the items specifed in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 12th December 1991, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1992 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
26th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax (Reductions for Disabilities) Regulations 1992 and shall come into force on 31st March 1992.
2
In these Regulations–
“ the Act ” means the Local Government Finance Act 1992;
“qualifying individual” means a person who is substantially and permanently disabled (whether by illness, injury, congenital deformity or otherwise); and
“relevant valuation band”, in relation to a dwelling, means the valuation band shown as applicable to the dwelling–
in the billing authority’s valuation list; or
if no such list is in force, in the copy of the proposed list sent to the authority under section 22(5)(b) of the Act.
3
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable.
Prescribed years
2
The financial years commencing with the financial year beginning on 1st April 1993 are prescribed as the years for which these Regulations apply.
Eligible persons
3
1
Subject to paragraph (4), a person is an eligible person for the purposes of these Regulations if–
a
he is a liable person as regards a dwelling which is the sole or main residence of at least one qualifying individual and in which there is provided–
i
a room which is not a bathroom, a kitchen or a lavatory and which is predominantly used (whether for providing therapy or otherwise) by and is required for meeting the needs of any qualifying individual resident in the dwelling; or
ii
a bathroom or kitchen which is not the only bathroom or kitchen within the dwelling and which is required for meeting the needs of any qualifying individual resident in the dwelling; or
iii
sufficient floor space to permit the use of a wheelchair required for meeting the needs of any qualifying individual resident in the dwelling; and
b
as regards the financial year in question, an application is made in writing by him or on his behalf to that authority.
2
For the purposes of paragraph (1), and subject to paragraph (3), references to anything being required for meeting the needs of a qualifying individual are references to its being essential or of major importance to his well-being by reason of the nature and extent of his disability.
3
A wheelchair is not required for meeting an individual’s needs if he does not need to use it within the living accommodation comprising or included in the dwelling concerned.
4
A person is not an eligible person for the purposes of these Regulations if the relevant valuation band as regards the dwelling in respect of which he is a liable person is valuation band A.
5
Where the liability of a liable person who is an eligible person is joint and several, an application made by him for the purposes of these Regulations shall be treated as also made on behalf of each of the other liable persons.
Calculation of amount payable
4
1
In this regulation–
“alternative valuation band” means the valuation band which appears in the Table in section 5(2) of the Act or, as the case may be, section 5(3) of the Act immediately above the valuation band which is the relevant valuation band as regards the dwelling in question; and
“the appropriate percentage” shall be construed in accordance with section 11(3) of the Act.
2
Subject to paragraphs (4) and (6), the amount of council tax payable by an eligible person in respect of the dwelling in question and each day on which the condition referred to in regulation 3(1)(a) is satisfied shall be calculated in accordance with the formula set out in paragraph (3).
3
The formula is–
A B
where–
A is the amount which, for the financial year in which the day falls and the alternative valuation band, has been set by the authority for its area or (as the case may be) the part of its area in which the dwelling is situated, or any amount set in substitution for that amount; and
B is the number of days in the financial year.
4
Where, but for these Regulations, the amount of council tax payable by an eligible person as regards the dwelling in question and any day would be subject to a discount in accordance with section 11 or 12 of the Act, paragraph (2) shall apply in his case as if the reference to the formula set out in paragraph (3) were a reference to the formula set out in paragraph (5).
5
The formula is–
A B × ( 1 - C )
where A and B have the same connotations as in paragraph (3) and C is the appropriate percentage or, as the circumstances require, twice the appropriate percentage applicable in the case of the eligible person concerned.
6
Where, as regards an eligible person, the dwelling in question and a day on which the condition referred to in regulation 3(1)(a) is satisfied–
a
regulations under section 13 of the Act (other than these Regulations) apply; or
b
the amount of any council tax benefit to which he is entitled takes the form of a reduction in the amount he is liable to pay as regards that day,
the amount payable shall be calculated in accordance with these Regulations as read with those regulations or, as the case may be, regulations relating to that reduction .
Provision of information
5
1
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period, not being less than 21 days, as it may reasonably specify such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
2
Where a person has reason to believe that he has ceased to be an eligible person for the purposes of these Regulations, he shall notify the relevant billing authority of his belief.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the James Paget Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the James Paget Hospital 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 James Paget Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the James Paget Hospital, Lowestoft Road, Garleston, Great Yarmouth Norfolk NR31 6LA and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
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 Great Yarmouth and Waveney 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 Great Yarmouth and Waveney 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 Great Yarmouth and Waveney 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
Brian Mawhinney
Minister,
Department of Health
23rd October 1992


text:
Citation and commencement
1
1
This Order may be cited as the Surrey and West Sussex (County Boundaries) Order 1992.
2
This Order shall come into force on 29th September 1992 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 1993.
Interpretation
2
In this Order —
“district” means a borough or district;
“electoral division” means an electoral division of the county to which an area is transferred;
“the map” means one or more of the 12 maps prepared by the Department of the Environment, marked “Maps of the Surrey and West Sussex (County Boundaries) Order 1992”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“parish” includes a town;
“Surrey” means the county of Surrey, and any reference to Mole Valley, to Reigate and Banstead, to Tandridge or to Waverley is a reference to the Surrey district of that name;
any reference to an area as “unparished” is a reference to that area not forming part of any parish; and
“ward” means a ward of the district to which an area is transferred; and
“West Sussex” means the county of West Sussex, and any reference to Chichester, to Crawley, to Horsham or to Mid Sussex is a reference to the West Sussex district of that name.
Transfers from Surrey to West Sussex
3
Each area marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Surrey and from the district and parish named in column 3 to —
a
West Sussex;
b
the district and the parish (if any) mentioned in column 4;
c
the ward, electoral division and petty sessional division so mentioned; and to
d
the West Sussex coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from To —
A31, A32, A33 and A34 8
Mole Valley
Parish of Abinger
Horsham
Parish of Rudgwick
Rudgwick ward
Warnham electoral division
Horsham petty sessional division
A35 9
Mole Valley
Parish of Capel
Horsham
Parish of Rusper
Rusper ward
Holbrook electoral division
Horsham petty sessional division
B1 10
Tandridge
Parish of Burstow
Crawley
Unparished
Pound Hill North ward
Pound Hill electoral division
Crawley petty sessional division
A36 and A37 10
Tandridge
Parish of Burstow
Mid Sussex
Parish of Worth
Copthorne and Worth ward
Mid Sussex North electoral division
Mid Sussex petty sessional division
A39
A40
11
12
Tandridge
Parish of Lingfield
Mid Sussex
Parish of East Grinstead
East Grinstead North ward
East Grinstead East electoral division
Mid Sussex petty sessional division
A38 11
Tandridge
Parish of Lingfield
Mid Sussex
Parish of East Grinstead
East Grinstead West ward
Imberdown electoral division
Mid Sussex petty sessional division
A21, A22, A23 and A24 6
Waverley
Parish of Alfold
Chichester
Parish of Loxwood
Plaistow ward
Petworth electoral division
Chichester and District petty sessional division
A25 7
Waverley
Parish of Cranleigh
Horsham
Parish of Rudgwick
Rudgwick ward
Warnham electoral division
Horsham petty sessional division
A26 7
Waverley
Parish of Ewhurst
Horsham
Parish of Rudgwick
Rudgwick ward
Warnham electoral division
Horsham petty sessional division
A16, A17 and A18 3
Waverley
Parish of Haslemere
Chichester
Parish of Fernhurst
Fernhurst ward
Fernhurst electoral division
Chichester and District petty sessional division
A19 and A20 2
Waverley
Parish of Haslemere
Chichester
Parish of Lurgashall
Lodsworth ward
Fernhurst electoral division
Chichester and District petty sessional division
Transfers from West Sussex to Surrey
4
Each area marked as shown in column 1 of the following Table shall be transferred from West Sussex, and from the district and the parish (if any) named in column 3 to —
a
Surrey;
b
the district and the parish mentioned in column 4;
c
the ward, electoral division and petty sessional division so mentioned; and to
d
the Surrey coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from To —
A7, A8 and A9 3
Chichester
Parish of Fernhurst
Waverley
Parish of Haslemere
Haslemere South ward
Haslemere electoral division
Farnham petty sessional division
A1, A2, A3, A4, A5 and A6 1
Chichester
Parish of Linchmere
Waverley
Parish of Haslemere
Shottermill ward
Haslemere electoral division
Farnham petty sessional division
A13, A14 and A15 6
Chichester
Parish of Loxwood
Waverley
Parish of Alfold
Alfold and Dunsfold ward
Godalming South and Rural electoral division
Guildford petty sessional division
A11 4
Chichester
Parish of Lurgashall
Waverley
Parish of Chiddingfold
Chiddingfold ward
Godalming South and Rural electoral division
Guildford petty sessional division
A10 2
Chichester
Parish of Lurgashall
Waverley
Parish of Haslemere
Haslemere South ward
Haslemere electoral division
Farnham petty sessional division
A12 5
Chichester
Parish of Plaistow
Waverley
Parish of Dunsfold
Alfold and Dunsfold ward
Godalming South and Rural electoral division
Guildford petty sessional division
C1 10
Crawley
Unparished
Reigate and Banstead
Parish of Horley
Horley East ward
Horley East and Salfords electoral division
Reigate petty sessional division
A27, A28, A29 and A30 8
Horsham
Parish of Rudgwick
Mole Valley
Parish of Abinger
Okewood ward
Dorking Rural electoral division
Dorking petty sessional division
Town and country planning
5
1
In this article, “provision” means a provision of a development plan as defined in section 336 of the Town and Country Planning Act 1990 .
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
G.S.K. Young
Minister of State,
Department of the Environment
26th August 1992


text:
1
This Order may be cited as the Horses (Protective Headgear for Young Riders) Act 1990 (Commencement) Order 1992.
2
The Horses (Protective Headgear for Young Riders) Act 1990 in so far as not already in force shall come into force on 30th June 1992.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
20th May 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mancunian Community Health National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
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 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mancunian Community Health 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 Mancunian Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Mauldeth House, Mauldeth Road West, Chorlon, Manchester M21 2RL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Manchester 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 premises to the trust.
2
The South Manchester Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Manchester 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.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) (No. 4) Order 1992 and shall come into force on 1st December 1992.
Abolition of Authorities
2
The following District Health Authorities are hereby abolished:–
a
Airedale Health Authority;
b
Bradford Health Authority;
c
Harrogate Health Authority;
d
Northallerton Health Authority;
e
Scarborough Health Authority;
f
York Health Authority.
Establishment and names of new Authorities
3
1
Bradford Health Authority is established a District Health Authority for Bradford District .
2
North Yorkshire Health Authority is established a District Health Authority for North Yorkshire District .
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order the entries in columns (1) and (2) of Part 2 of Schedule 1 to the National Health Service (District Health Authorities) Order 1990 shall be amended–
a
by the omission of the entries relating to Airedale District;
b
by the omission of the entries relating to Harrogate District, Northallerton District, Scarborough District and York District and the insertion after the entries relating to Leeds District of the entries–
North Yorkshire North Yorkshire Health Authority
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
3rd November 1992


text:
Title and commencement
1
These Regulations may be cited as the Milk and Dairies (Standardisation and Importation) Regulations 1992 and shall come into force on 1st January 1993.
Amendment of the Drinking Milk Regulations 1976
2
1
The Drinking Milk Regulations 1976 shall have effect subject to the following amendments —
a
in regulation 2(1) the definitions of “guideline figure”, “milk purveyor”, “milk year”, “sell by retail” and “sell wholesale” shall be deleted;
b
in regulation 4(b) the words “produced in the United Kingdom” shall be deleted;
c
in regulation 4(c) the remainder of the paragraph after the words “standardised whole milk” shall be deleted;
d
in regulation 5(1) after the words “laid down for”, there shall be inserted the words “standardised whole milk,”;
e
regulation 6 (labelling of standardised whole milk) shall be deleted;
f
regulation 7 (records of transactions in standardised whole milk) shall be deleted.
2
In regulation 2(1) of the Drinking Milk Regulations 1976, the term “as amended” at the end of the sub-paragraph beginning ““milk”, “drinking milk”” shall be taken to include the amendment of Council Regulation ( EEC ) No.1411/71 effected by Council Regulation (EEC) No.2138/92 .
Amendment of the Importation of Milk Regulations 1988
3
1
The Importation of Milk Regulations 1988 shall have effect subject to the following amendments.
2
In regulation 2(1) —
a
in the definition of “authorised officer”, for the words “port health authority (or relevant local authority)” there shall be substituted the words “food authority”;
b
for the definition of “drinking milk” and the other definitions in the same sub-paragraph as that definition there shall be substituted the following definitions —
“drinking milk”, “semi-skimmed milk”, “skimmed milk”, “standardised whole milk” and “non-standardised whole milk” have the meanings respectively given to them by Council Regulation (EEC) No.1411/71 as amended laying down additional rules on the common market organisation in milk and milk products for drinking milk;
;
c
the definitions of “designated place”, “export”, “guideline figure”, “milk year”, “officer of Customs and Excise”, “place of entry”, “port health authority”, “port health district”, “separated” and “working day” shall be deleted;
d
in the definition of “milk” the words “and separated milk” shall be deleted;
e
in the definition of “specified drinking milk”, in sub-paragraph (c) all the words after “standardised whole milk” shall be deleted and after it there shall be inserted a new sub-paragraph “(d) non-standardised whole milk”;
f
for the definition of “the 1986 Regulations” there shall be substituted the following definition —
“the 1988 Regulations ” means the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988
;
g
there shall be inserted in the respective appropriate places the following definitions —
“raw milk” means milk which has not been heated beyond 40 degs C or undergone any treatment that has an equivalent effect and “raw” in relation to cream shall be construed accordingly
“thermised milk” means raw milk which has been heated for at least 15 seconds at a temperature between 57 degs C and 68 degs C and after such treatment shows a positive reaction to the phosphatase test, as described in Part IV of Schedule 5 to the Milk (Special Designation) Regulations 1989 , and for the purposes of any such test milk shall be treated as showing a positive reaction if the sample of that milk taken for that test gives a reading of greater than 10 μg of p -nitrophenol/ml of milk;
.
3
In regulation 4(1) —
a
in sub-paragraph (a) after the words “specified drinking milk,” there shall be inserted the words “raw milk, thermised milk,”;
b
in sub-paragraph (b) prior to the words “has been pasteurised,” there shall be inserted the words “unless it is raw milk, thermised milk or raw cream,”;
c
sub-paragraph (f) shall be deleted except for the word “and” at the end.
4
Regulation 5 (authorised places of entry) shall be deleted.
5
Regulation 6 (importation procedure) shall be deleted.
6
In regulation 8 (powers of authorised officers) —
a
paragraph (1) shall be deleted;
b
for paragraph (2) there shall be substituted the following paragraph —
2
The powers under these Regulations of an authorised officer of a food authority shall be exercisable only in relation to milk which is imported into England and Wales by entry into its area, or milk which is or has been in that area.
.
7
Regulation 9 (duties of authorised officers) shall be deleted.
8
Regulation 10(3) (offences) shall be deleted.
9
Schedule 2 shall be deleted.
10
In Schedule 3 —
a
paragraph 3(a) shall be deleted;
b
in paragraph 4(a) and 4(b) after the words “as regards” in each place that they occur there shall be inserted the words “raw milk, thermised milk,”;
c
in paragraph 6(1), (2) and (3) for the words “the 1986 Regulations” in each place that they occur there shall be substituted the words “the 1988 Regulations”.
Amendment of the Milk and Dairies (General) Regulations 1959
4
1
The Milk and Dairies (General Regulations) 1959 shall have effect subject to the following amendment.
2
For the definition of “milk” in regulation 2(1) there shall be substituted the following definition —
“milk” means cows' milk intended for sale or sold for human consumption or intended for manufacture into products for sale for human consumption, and includes cream and skimmed milk, as well as standardised whole milk and non-standardised whole milk, and “standardised whole milk” and “non-standardised whole milk” have the meanings respectively assigned to them by Council Regulation (EEC) No. 1411/71 as amended ;
.
Amendment of the Milk (Special Designation) Regulations 1989
5
1
The Milk (Special Designation) Regulations 1989 shall have effect subject to the following amendments.
2
In regulation 2(1) —
a
for the definition of “milk” there shall be substituted the following definition —
“milk” means cows' raw milk, cows' standardised whole milk and cows' non-standardised whole milk and “standardised whole milk” and “non-standardised whole milk” have the meanings respectively assigned to them by Council Regulation (EEC) No.1411/71 as amended;
;
b
for the definition of “raw milk” there shall be substituted the following definition —
“raw milk” means whole milk which has not been treated by heat;
.
3
In Schedule 6 —
a
in paragraph 2(1) after the words “The name of the milk shall be “Milk”” there shall be inserted the words “, or “Whole Milk””;
b
in paragraph 2(2) after the words “word “Milk”” there shall be inserted the words “or, as the case may be, the words “Whole Milk””;
c
after paragraph 2(2) there shall be inserted the following paragraph —
3
The name shall in addition comply with the labelling requirements of Article 3(2) of Council Regulation (EEC) No. 1411/71 as amended
.
Amendment of the Milk and Dairies (Milk Bottle Caps) (Colour) Regulations 1976
6
1
The Milk and Dairies (Milk Bottle Caps) (Colour) Regulations 1976 shall have effect subject to the following amendment.
2
In regulation 2(1) in the definition of “milk” after the words “include cream,”, there shall be inserted the words “standardised whole milk,”, and after the words “butter milk” there shall be inserted the words “, and “standardised whole milk” has the meaning assigned to it by Council Regulation (EEC) No.1411/71 as amended”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1992.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th December 1992
David Hunt
Secretary of State for Wales
9th December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection Act 1990 (Modification of section 112) Regulations 1992 and shall come into force on 17th November 1992.
Effect of Part VI of the Environmental Protection Act 1990
2
In section 112(1) of the Environmental Protection Act 1990 (Consents: Limitations and conditions) the words after “as he may think fit” shall be omitted.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
20th October 1992


text:
Citation
1
This Order may be cited as the Child Support Act 1991 (Commencement No. 2) Order 1992.
Date appointed for the coming into force of certain provisions of the Child Support Act 1991
2
The date appointed for the coming into force of the following provisions of the Child Support Act 1991 is 1st September 1992 —
Section 13 (Child Support Officers);
Section 21(1) and (4) and Schedule 3 (Child Support Appeal Tribunals) in so far as they are not already in force;
Section 22(1), (2) and (5) and Schedule 4 (Child Support Commissioners);
Section 23 (Child Support Commissioners for Northern Ireland);
Section 24(9) (Appeal to Child Support Commissioner);
Paragraphs 1 to 4 of Schedule 5 and section 58(13) so far as it relates to those paragraphs (Consequential Amendments).
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
6th August 1992


text:
Citation and commencement
1
This Order may be cited as the Social Security (Australia) Order 1992 and shall come into force on 29th June 1992.
Modification of Acts
2
The Social Security Act 1975 and Part I of the Child Benefit Act 1975 and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Agreement so far as the same relate to England, Wales and Scotland.
Revocation and variation of Orders
3
1
The Family Allowances and National Insurance (Australia) Order 1958 , the Family Allowances and National Insurance (Australia) Order 1962 , the Social Security (Australia) Order 1975 , and the Social Security (Australia) Order 1987 are hereby revoked.
2
The National Insurance (Australia and New Zealand) Order 1964 is hereby revoked insofar as it relates to Australia.
3
The reference to the Family Allowance and National Insurance (Australia) Order 1958 and to the Family Allowances and National Insurance (Australia) Order 1962 shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1979 and the reference to all the Orders set out in paragraph (1) of this Article shall be omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 .
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 8) Regulations 1992 and shall come into force on 1st February 1993.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 39 (fuel tanks)
3
In regulation 39 —
a
in paragraph (2), after “paragraphs (3)” there shall be inserted “, (3A)”; and
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Sub-paragraph (i) of paragraph 2(c) shall not have effect in relation to a two-wheeled motor cycle (with or without a side-car) first used on or after 1st February 1993.
Amendments to regulation 61 (exhaust emissions)
4
In regulation 61(10B), sub-paragraph (g) shall be omitted.
Signed by authority of theSecretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
22nd December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Calculation of Council Tax Base) (Amendment) Regulations 1992 and shall come into force on 10th August 1992.
Amendments
2
The Local Authorities (Calculation of Council Tax Base) Regulations 1992 are amended as follows —
a
in paragraph (11) of regulation 5, after “the relevant day is” there is inserted “, subject to regulation 8A,”.
b
in paragraph (2)(c) of regulation 6, after “in respect of the year is” there is inserted “, subject to regulation 8A,”.
c
in regulation 8, at the beginning, there is inserted “Subject to regulation 8A,”.
d
after regulation 8 there is inserted the following regulation —
Relevant days and prescribed periods for Welsh authorities
8A
1
In the application of the relevant provisions to a calculation or determination by a Welsh billing authority or a Welsh major precepting authority, in respect of a financial year beginning on or after 1st April 1994 —
a
references to 30th November shall be read as references to 31st October;
b
references to the period beginning on 1st December and ending on 31st January shall be read as references to the period beginning on 1st November and ending on 31st December.
2
In paragraph (1) above “the relevant provisions” means paragraph (11) of regulation 5, paragraph (2)(c) of regulation 6, and regulation 8.
David Hunt
Secretary of State for Wales
15th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scunthorpe and Goole Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Scunthorpe and Goole Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Scunthorpe and Goole Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Scunthorpe General Hospital, Cliff Gardens, Scunthorpe, South Humberside DN15 7BH and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
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 Scunthorpe 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 premises to the trust.
2
The Scunthorpe 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 Scunthorpe 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.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Housing Defects (Expenditure Limits) Order 1992 and shall come into force on 31st March 1992.
Expenditure limits
2
The amount opposite each category of dwelling mentioned in the first column of the Schedule to this Order is hereby specified as the expenditure limit for that category for the purposes of section 543 of the Housing Act 1985 (amount of reinstatement grant).
Revocation
3
The Housing Defects (Expenditure Limits) ( No. 2) Order 1988 is hereby revoked.
Michael Heseltine
Secretary of State for the Environment
2nd March 1992
David Hunt
Secretary of State for Wales
2nd March 1992