text:
1
This Order may be cited as the A630 Trunk Road (Rotherham) (Detrunking) Order 1993 and shall come into force on 14th May 1993.
2
In this Order —
i
“the plan” means the plan numbered HA 10/YHNMD/11 marked “The A630 Trunk Road (Rotherham) (Detrunking) Order 1993”, signed by authority ofthe Secretary of State for Transport and deposited atthe Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road” means the A630 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
15th April 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines Act 1968 (Amendment) Regulations 1994 and shall come into force on 14th February 1994.
2
In these Regulations “ the Act ” means the Medicines Act 1968 and a reference to a numbered section in these Regulations is a reference to the section of the Act which bears that number.
Section 7 of the Act dealings with medicinal products
2
1
Section 7 (general provisions as to dealing with medicinal products) is amended as follows.
2
After subsection (2), there is inserted —
2A
The restrictions imposed by subsection (2) of this section shall not apply where the medicinal product concerned is a homoeopathic medicinal product in respect of which a certificate of registration has been granted.
2B
In relation to a homoeopathic medicinal product to which the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 apply but in respect of which no certificate of registration has been granted, the references in subsection (2) of this section to the activities of sale or supply and of procuring the sale or supply respectively shall be taken to include references to any activity which amounts to placing such a product on the market within the meaning of Council Directive 92/73/ EEC of 22 September 1992.
.
3
In subsection (6A), paragraph (c) and the word “or” immediately preceding it are omitted.
4
In subsection (7), before the definition of “proprietary medicinal product” there is inserted —
“certificate of registration” means a certificate granted under the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994;
“homoeopathic medicinal product” means any medicinal product (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State;
.
Section 8 of the Act manufacture and wholesale dealing
3
1
Section 8 (provisions as to manufacture and wholesale dealing) is amended as follows.
2
In subsection (4), paragraph (b) and the word “or” immediately preceding it are omitted.
3
In subsection (6), before “proprietary medicinal product” there is inserted “homoeopathic medicinal product,”.
Section 24 of the Act duration and renewal of licence
4
In section 24 (duration and renewal of licence) —
a
in subsection (1A) after “obligation” there is inserted “(other than an obligation under the 1992 Directive)”;
b
in subsection (3)(c) after “this Act” there is inserted “and any Community obligation under the 1965 Directive or the 1992 Directive”; and
c
after subsection (6) there is inserted —
7
In this section “the 1992 Directive” means Council Directive 92/27/EEC of 31 March 1992 on the labelling of medicinal products for human use and on package leaflets.
.
Section 28 of the Act suspension etc. of the licence
5
1
Section 28 (general power to suspend, revoke or vary licences) is amended as follows.
2
In subsection (3) —
a
at the beginning there is inserted “Subject to subsection (3A) of this section”; and
b
in paragraph (j) after “relates” there is inserted “(other than products to which Chapters II to V of the 1965 Directive apply)”.
3
After subsection (3) there is inserted —
3A
Where a product licence relates to a product to which Chapters II to V of the 1965 Directive apply, the power conferred by this section to suspend a licence shall be exercisable in relation to the licence on the ground that —
a
any of the provisions contained in regulations made under section 85 (labelling and marking of containers and packages) or 86 (leaflets) of this Act, or
b
section 86(4),
has to a material extent been contravened in relation to the product by the holder of the licence or by a person procured by him to manufacture or assemble the product.
.
4
The amendments made by this regulation have effect only in relation to licences granted or renewed after the coming into force of these Regulations.
Section 86 of the Act leaflets
6
1
After section 86(3) (leaflets), there is inserted —
4
No person shall, in the course of a business carried on by him, supply a product to which Chapters II to V of the Directive apply, unless —
a
a leaflet enclosed in, or supplied with, the container or package of the product, or
b
the container or package itself,
contains the particulars which a leaflet relating to the product is required by regulations under subsection (1) of this section to contain, and does so in the manner required by such regulations.
.
2
The amendment made by this regulation has effect only in relation to licences granted or renewed after the coming into force of these Regulations.
Section 91 of the Act penalties
7
In section 91(1) (offences under Part V etc.) , after “section 86(3)”, there is inserted “or (4)”.
Section 132 of the Act interpretation
8
In section 132(1) (general interpretation), in the definition of “the 1965 Directive”, for “and 89/381/EEC (h);”there is substituted “, 89/381/EEC (h) and Article 9(1) of Council Directive 92/73/EEC ;” .
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
16th December 1993
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food was hereunto affixed on 20th December 1993
Gillian Shephard


text:
Citation and commencement
1
These Regulations may be cited as the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
Amendments
2
The Rent Assessment Committees (England and Wales) Regulations 1971 are amended as follows —
a
in regulation 2(2) in the entry for “reference” after “13” insert “, 14A”; and
b
in regulation 2A(1) after “13” insert “, 14A”.
Michael Howard
Secretary of State for the Environment
11th March 1993
David Hunt
Secretary of State for Wales
11th March 1993


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 6) Regulations 1993 and shall come into force on 2nd August 1993.
2
The Value Added Tax (General) Regulations 1985 shall be amended as follows.
3
In regulation 2(1), after the definition of “the Act” there shall be inserted the following definition–
‘alphabetical code’ means the alphabetical prefix as set out below which shall be used to identify the member State–
Belgium – BE
Denmark – DK
France – FR
Germany – DE
Greece – EL
Ireland – IE
Italy – IT
Luxembourg – LU
Netherlands – NL
Portugal – PT
Spain – ES
United Kingdom – GB.
4
For regulation 10B there shall be substituted the following–
Notification of intended section 8D(1) supplies by intermediate suppliers
10B
1
An intermediate supplier who intends to make a supply to which he wishes section 8D(1) of the Act to apply shally notify the Commissioners and the customer in writing of his intention to do so.
2
A notification under this regulation shall contain the following particulars–
a
the name and address of the intermediate supplier;
b
the number including the alphabetical code, by which the intermediate supplier is identified for value added tax purposes, which was used or is to be used for the purpose of the supply to him by the original supplier;
c
the date upon which the goods were first delivered or are intended to be first delivered; and
d
the name, address and registration number of the customer to whom the goods have been supplied or are to be supplied.
3
A notification under this regulation shall be made no later than the provision, in accordance with regulation 15B, of the first invoice in relation to the supply to which it relates, and sent to–
a
the office designated by the Commissioners for the receipt of such notifications; and
b
the customer.
4
Notifications under this regulation shall be made separately in relation to each customer to whom it is intended to make supplies to which the intermediate supplier wishes section 8D(1) of the Act to apply.
5
Where an intermediate supplier has complied with the requirements of this regulation in relation to the first supply to a customer to which section 8D(1) of the Act applies, those requirements shall be deemed to have been satisfied in relation to all subsequent supplies to that customer while the intermediate supplier continues to belong in another member State.
.
5
After regulation 10B there shall be inserted the following regulation–
Notification of intended section 8D(2) supplies by persons belonging in other member States
10C
1
A person belonging in another member State who intends to make a supply to which he wishes section 8D(2) of the Act to apply shall notify the Commissioners and the registered person in writing of his intention to do so.
2
A notification under this regulation shall contain the following particulars–
a
the name and address of the person belonging in another member State;
b
the number including the alphabetical code by which the person belonging in another member State is identified for value added tax purposes in the member State in which he belongs;
c
the date upon which the installation or assembly of the goods was commenced or is intended to commence;
d
the name, address and registration number of the registered person to whom the goods have been supplied or are to be supplied.
3
A notification under this regulation shall be made no later than the provision, in accordance with regulation 15C, of the first invoice in relation to the supply to which it relates, and sent to–
a
the office designated by the Commissioners for the receipt of such notifications; and
b
the registered person to whom the goods are to be supplied.
4
Notifications under this regulation shall be made separately in relation to each registered person to whom it is intended to make supplies to which the person belonging in another member State wishes section 8D(2) of the Act to apply.
5
Where a person belonging in another member State has complied with the requirements of this regulation in relation to the first supply to a registered person to which section 8D(2) of the Act applies, those requirements shall be deemed to have been satisfied in relation to all subsequent supplies to that registered person while the person making the supply continues to belong in another member State.
.
6
For the heading to Part III there shall be substituted the heading “TAX INVOICES AND OTHER INVOICING REQUIREMENTS”.
7
Regulation 11A shall be omitted.
8
After regulation 15 there shall be inserted the following regulations–
Section 8D(6) supplies to persons belonging in other member States
15A
1
Where a registered person makes a supply such as is mentioned in section 8D(6) of the Act he shall provide the person supplied with an invoice in respect of that supply.
2
An invoice provided under this regulation shall–
a
comply with the requirements of regulations 12 and 13; and
b
bear the legend “ VAT : EC ARTICLE 28 SIMPLIFICATION INVOICE”.
Section 8D(1) supplies by intermediate suppliers
15B
1
On each occasion that an intermediate supplier makes a supply to which he wishes section 8D(1) of the Act to apply he shall, subject to paragraph (3) below, provide the customer with an invoice.
2
An invoice provided under this regulation by an intermediate supplier shall–
a
comply with the provisions of the law corresponding, in relation to the member State which provided the intermediate supplier with theidentification number for value added tax purposes used or to be used by him for the purpose of the supply to him by the original supplier of the goods which were subsequently removed to the United Kingdom, to regulation 15A.
b
be provided no later than fifteen days after the time that the supply of the goods would, but for section 8D(1) of the Act, have been treated as having taken place by or under sections 4 and 5 of the Act; and
c
cover no less than the extent of the supply which would, but for section 8D(1) of the Act, have been treated as having taken place by or under sections 4 and 5 of the Act at the time that such an invoice is provided; and
d
bear the legend “VAT: EC ARTICLE 28 SIMPLIFICATION INVOICE”.
3
Where an intermediate supplier makes a supply such as is mentioned in paragraph (1) above, and he has already provided the customer with an invoice that complies with the requirements of sub-paragraphs (a), (c) and (d) of paragraph (2) above, he shall not be required to provide the customer with a further invoice in relation to that supply.
4
Where an intermediate supplier makes a supply such as is mentioned in paragraph (1) above and he provides the customer with an invoice such as is described in paragraphs (2) and (3) above, that invoice shall be treated as if it were an invoice for the purposes of regulation 18A .
5
Where an intermediate supplier makes a supply such as is mentioned in paragraph (1) above and he provides the customer with an invoice that complies only with the requirements of paragraph (2)(a) above, that invoice shall, for the purposes of this regulation only, be treated as if it were a tax invoice.
Section 8D(2) supplies by persons belonging in other member States
15C
1
On each occasion that a person belonging in another member State makes a supply to which he wishes section 8D(2) of the Act to apply he shall, subject to paragraph (3) below, provide the registered person with an invoice.
2
An invoice provided under this regulation by a person belonging in another member State shall–
a
comply with the provisions of the law of the member State in which he belongs corresponding in relation to that member State to the provisions of regulation 13;
b
be provided no later than fifteen days after the time that the supply of the goods would, but for section 8D(2) of the Act, have been treated as having taken place by or under sections 4 and 5 of the Act; and
c
cover no less than the extent of the supply which would, but for section 8D(2) of the Act, have been treated as having taken place by or under sections 4 and 5 of the Act at the time that such an invoice is provided; and
d
bear the legend “SECTION 8D(2) VATA INVOICE”.
3
Where a person belonging in another member State makes a supply such as is mentioned in paragraph (1) above, and he has already provided the registered person with an invoice that complies with the requirements of sub-paragraphs (a), (c) and (d) of paragraph (2) above, he shall not be required to provide the registered person with a further invoice in relation to that supply.
4
Where a person belonging in another member State makes a supply such as is mentioned in paragraph (1) above and he provides the registered person with an invoice such as is described in paragraphs (2) and (3) above, that invoice shall be treated as if it were an invoice for the purposes of regulation 18A.
5
Where a person belonging in another member State makes a supply such as is mentioned in paragraph (1) above and he provides the registered person with an invoice that complies only with the requirements of paragraph (2)(a) above, that invoice shall, for the purposes of this regulation only, be treated as if it were a tax invoice.
.
9
In regulation 16, for “and 15” there shall be substituted “,15, 15A, 15B and 15C”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
29th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the George Eliot Hospital National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the George Eliot 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 George Eliot 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 George Eliot Hospital, College Street, Nuneaton, Warwickshire CV10 7DJ and associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Warwickshire 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 Warwickshire 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 Warwickshire 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
22nd October 1993


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) (No. 2) Order 1993.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1994 95, is £6,000.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Scottish Hospital Endowments Research Trust (Amendment) Regulations 1993 and shall come into force on 8th June 1993.
2
In these Regulations–
“the principal Regulations ” means the Scottish Hospital Endowments Research Trust Regulations 1953( );
“ the Trust ” means the Scottish Hospital Endowments Research Trust.
Amendment of regulation 3 of the principal Regulations
2
In paragraph (3) of regulation 3 of the principal Regulations (term of office of members of the Trust) for the words “six years” there shall be substituted the words “for such period not exceeding four years as the Secretary of State shall specify on making the appointment”.
Application of these Regulations
3
The amendment made by regulation 2 of these Regulations shall apply only in relation to appointments of members of the Trust made after 31st May 1993.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
6th May 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 4) Regulations 1993 and shall come into force on 6th April 1993.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 19 of the principal Regulations
2
In paragraph (1) of regulation 19 of the principal Regulations (payments to be disregarded) , after sub-paragraph (n) there shall be added the following sub-paragraphs —
o
a payment of, or contribution towards, expenses incurred by a person —
i
in staying in board and lodging near his place of work, or
ii
in travelling from his home to his place of work or from his place of work to his home other than by his usual method of transport,
where those expenses are incurred as the result of a disruption to public transport caused by a strike or other form of industrial action;
p
a payment of, or contribution towards, expenses incurred by a person in travelling from his place of work to his home by taxi, hired car or other form of hired transport where —
i
he has worked to 9p.m. or later at the request of his employer, and
ii
working to that time or later is neither a regular nor a frequent occurrence in that employment,
and for the purposes of this sub-paragraph, “a regular occurrence” means one that forms part of the normal pattern of his employment at the time the expense was incurred and “a frequent occurrence” means one that, at the time and in the year in which the expense is incurred, has already occurred more than 60 times;
q
a payment of, or contribution towards, expenses which, under subsection (3), (4) or (6) of section 193, or subsection (1) of section 194 of the Income and Corporation Taxes Act 1988 (travel expenses and foreign travel expenses where the duties of an office or employment are performed wholly or partly outside the United Kingdom), are deductible from the emoluments of the employment chargeable to tax under Schedule E.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
9th March 1993


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (No.2) Order 1993 and shall come into force on the day after the date on which it is made.
Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 (“the 1978 Order ”) shall be amended as follows —
a
at the end of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be added the entries listed in Schedule 1 to this Order;
b
the entries listed in Schedule 2 to this Order shall be deleted from Schedule 1 to the 1978 Order;
c
Schedule 3 to this Order shall be substituted for Schedule 2 to the 1978 Order (which lists disinfectants subject to transitional provisions);
d
in article 6(2) of the 1978 Order (which specifies the date until which disinfectants subject to transitional provisions remain approved) for the words “30th June 1993” there shall be substituted the words “31st December 1993”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
7th December 1993
John Redwood
Secretary of State for Wales
7th December 1993


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Civil Defence (General Local Authority Functions) Regulations 1993.
2
These Regulations shall come into force on 1st August 1993.
3
These Regulations shall not extend to Scotland.
Interpretation
2
In these Regulations a reference to a council, in relation to the City of London, is a reference to the Common Council of the City of London.
Repeals and revocations
3
The enactments specified in Parts I and II of the Schedule to these Regulations are hereby respectively repealed and revoked.
Civil defence functions of county councils
4
1
It shall be in each non-metropolitan county the function of the county council, for civil defence purposes —
a
to make, keep under review and revise plans for their area and to carry out exercises based on such plans;
b
to arrange for the training —
i
of an appropriate number of suitable members of their own staff and of the staff of the council of every district in the county, and
ii
of such other persons as they consider necessary,
for the purposes of carrying out plans made under sub-paragraph (a) above and discharging the other functions conferred by this regulation;
c
at the request of the designated Minister, or where the county council consider it appropriate —
i
to take such preparatory steps as may be necessary to ensure that plans made under sub-paragraph (a) above can be carried out;
ii
to carry out any of those plans.
2
When making or revising plans under paragraph (1)(a) above, a county council shall consult with any county council, district council or council of a London borough whose area may be affected by such plans and with the council of the City of London where its area may be so affected.
Non-metropolitan counties: civil defence functions of district councils
5
It shall be in each non-metropolitan county the function of the council of every district in the county, for civil defence purposes —
a
at the request of the council of that county to furnish such information, on such matters, as may be specified in the request;
b
at the request either of the designated Minister or of the council of that county, to assist the council of that county in —
i
the making and revising of plans under regulation 4(1)(a) above;
ii
the taking of preparatory steps to ensure that plans made under regulation 4(1)(a) above can be carried out; and
iii
the carrying out of any of those plans;
c
to arrange for the training of an appropriate number of suitable members of their staff for the purpose of discharging the functions conferred by this regulation, and to make available to the council of that county, for the purpose of training, those members of their staff for whom training is arranged under regulation 4(1)(b) above.
Metropolitan counties and Greater London: civil defence functions of councils
6
1
It shall be the function of the council of every metropolitan district, and in Greater London of the council of every London borough and the City of London, for civil defence purposes —
a
to make, keep under review and revise plans for their area and to carry out exercises based on such plans;
b
to arrange for the training —
i
of an appropriate number of suitable members of their own staff, and
ii
of such other persons as they consider necessary,
for the purposes of carrying out plans made under sub-paragraph (a) above and discharging the other functions conferred by this regulation;
c
at the request of the designated Minister, or where the council considers it appropriate —
i
to take such preparatory steps as may be necessary to ensure that plans made under sub-paragraph (a) above can be carried out;
ii
to carry out any of those plans.
2
When making or revising plans under paragraph (1)(a) above, a council shall consult with the relevant fire and civil defence authority, any county council, district council or council of a London borough whose area may be affected by such plans and with the council of the City of London if its area may be so affected.
3
A council may enter into an arrangement with the relevant fire and civil defence authority for the carrying out of all or any of the functions assigned to that council by paragraphs (1) and (2) above.
4
In this regulation and regulation 7 below, “the relevant fire and civil defence authority”, in relation to a metropolitan district council, means the metropolitan county fire and civil defence authority for the area in which the area of the district council is situated and, in relation to the council of a London borough or the City of London, means the London Fire and Civil Defence Authority.
Civil defence functions of metropolitan county fire and civil defence authorities and London Fire and Civil Defence Authority
7
It shall be the function of the relevant fire and civil defence authority —
a
to carry out on behalf of any council in its area civil defence functions in accordance with any arrangement entered into by that council under regulation 6(3) above;
b
at the request of the designated Minister, or of any council in its area with civil defence functions under these Regulations, to assist any such council in —
i
the making and revising of plans for their area under regulation 6(1)(a) above and the carrying out of exercises based on such plans;
ii
the taking of preparatory steps to ensure that such plans can be carried out;
iii
the carrying out of those plans; and
iv
the training of staff under regulation 6(1)(b) above.
Directions by designated Minister
8
As respects the exercise of any functions conferred on a local authority by these Regulations the authority shall comply with any directions given to them by the designated Minister.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
19th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Statutory Sick Pay (Rate of Payment) Order 1993 and shall come into force on 6th April 1993 immediately after the coming into force of article 9 of the Social Security Benefits Up-rating Order 1993 .
2
In this Order “the 1992 Act ” means the Social Security Contributions and Benefits Act 1992.
Substitution of provisions in section 157(1) of the 1992 Act
2
For paragraphs (a) and (b) of subsection (1) of section 157 of the 1992 Act, there shall be substituted the following paragraphs —
a
£52.50, in a case where the employee’s normal weekly earnings under his contract of service with that employer are not less than £195.00; or
b
£46.95, in any other case.
.
Transitional provisions
3
Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1993 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or are treated for the purposes of section 157(1) of the 1992 Act as not less than £190.00, they shall be treated for the purposes of that section as not less than £195.00 for the remainder of that period.
Revocation
4
The following provisions are hereby revoked —
a
article 2 of the Statutory Sick Pay (Rate of Payment) ( No. 2) Order 1991 ; and
b
the Statutory Sick Pay (Rate of Payment) Regulations 1990 .
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
17th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mayday Healthcare National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 24th November 1993.
2
In this Order —
“the Authority” means Croydon Health Authority;
“the Trust” means the Mayday Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th November 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
26th October 1993


text:
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (General) (Manufactured Overseas Dividends) Regulations 1993 and shall come into force on 1st October 1993.
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“manufactured overseas dividend” shall be construed in accordance with paragraph 4(1) of Schedule 23A to the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
3
1
Subject to the conditions specified in paragraphs (2) to (5) below, the Board may make arrangements with the payer of a manufactured overseas dividend enabling the payment to be made without deduction of United Kingdom tax.
2
The condition specified in this paragraph is that the person beneficially entitled to the manufactured overseas dividend is resident in a territory with the government of which the United Kingdom has made arrangements having effect under section 788 of the Taxes Act, and is not resident in the United Kingdom.
3
The condition specified in this paragraph is that the arrangements referred to in paragraph (2) above provide for exemption from United Kingdom tax in respect of the payment under an article of the arrangements dealing with income not expressly mentioned in other articles of those arrangements.
4
The condition specified in this paragraph is that the payer of the manufactured overseas dividend either —
a
is in possession of —
i
a certificate given by the person beneficially entitled to the manufactured overseas dividend, on a form provided or authorised by the Board, in which that person certifies that he is beneficially entitled to the manufactured overseas dividend, and
ii
a certificate given on the same form by the tax authority of the overseas government concerned, in which the authority certifies that the person beneficially entitled to the payment is resident in the territory of that government and, where the article of the arrangements referred to in paragraph (3) above requires as a condition of exemption that the person beneficially entitled to the payment is subject to tax in that territory in respect of the payment, that he is so subject to tax, or
b
has received authorisation in writing from the Board to make the payment without deduction of tax.
5
The condition specified in this paragraph is that the payer of the manufactured overseas dividend gives a written undertaking to the Board that he will account for and pay to the Board any tax which it is subsequently discovered was liable to be deducted from the payment under paragraph 4(2) of Schedule 23A to the Taxes Act but which was not so deducted.
A M W Battishill
L J H Beighton
Two of the Commissioners of Inland Revenue
2nd August 1993


text:
Citation and commencement.
1
These Regulations may be cited as the Children (Homes, Arrangements for Placement, Reviews and Representations) (Miscellaneous Amendments) Regulations 1993 and shall come into force on 1st January 1994. Amendment of the Children’s Homes Regulations 1991
2
1
The Children’s Homes Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “person in charge” there shall be inserted the following definition —
“qualifying school” means an independent school which is a children’s home within the meaning of section 63(6) of the Act ;
.
3
In regulation 3 (application of regulations) —
a
in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (3)”;
b
in paragraph (2) after the words “premises used” there shall be inserted the words “by a local authority”;
c
after paragraph (2) there shall be inserted the following paragraph —
3
The following provisions of these Regulations shall not apply to qualifying schools —
a
regulation 10 (employment and education of older children);
b
regulation 13 (purchase of clothes);
c
regulation 15 (confidential records relating to children in children’s homes);
d
regulation 17 (other records relating to children in children’s homes);
e
regulation 19 (notification of significant events);
f
in regulation 20 (absence of a child without authority) paragraph (2);
g
regulation 32 (circumstances necessitating visits by local authorities);
h
regulation 33 (further visits); and
i
regulation 34 (requirements for visits).
.
4
In Part I, after regulation 3 (application of regulations) there shall be inserted the following regulation —
Exemptions from registration and regulation as voluntary home or children’s home
3A
The following homes are exempted from the definitions of “voluntary home” in section 60(3) of the Act and “children’s home” in section 63(3) of the Act —
a
any home used only to accommodate children for the purpose of a holidayfor periods of less than 28 days at a time in the case of any one child;
b
an approved probation hostel and an approved bail hostel as defined in section 57(1) of the Powers of Criminal Courts Act 1973 ;
c
a hostel run by or on behalf of a professional football club to provide care and accommodation exclusively for professional footballers or trainee professional footballers who are under the age of 18;
d
an institution within the further education sector within the meaning of the Further and Higher Education Act 1992 .
.
5
In regulation 5(1) (staffing of children’s homes) for the words “ensure that the number of staff” there shall be substituted the words “ensure that, so far as is reasonably practicable, the number of staff”.
6
In regulation 6(1) (accommodation for individual children) after the words “each child” there shall be inserted the word “accommodated”.
7
In regulation 7 (accommodation-general provisions) —
a
in paragraph (3) for the words “The responsible authority” there shall be substituted the words “Subject to paragraph (3A), the responsible authority”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
In the case of a home in respect of which a certificate under section 51 of the Act is in force the facilities for meeting privately the persons listed in paragraph (3) may be at a different address.
; and
c
in paragraph (5) the word “pay” shall be omitted.
8
In regulation 8 (control and discipline) —
a
in paragraph (1) after the words “shall be used” there shall be inserted the words “on children accommodated”; and
b
in paragraph (2) after the words “shall not be used” there shall be inserted the words “on children accommodated”.
9
In regulation 9(2) (storage of medicinal products) for the words “or registered medical practitioner” there shall be substituted the words “, registered medical practitioner or registered dental practitioner”.
10
In regulation 14(2) (fire precautions) sub-paragraphs (a) to (e) shall be omitted and after the words “in respect of the home” there shall be inserted the words “a fire certificate has been obtained in accordance with section 5 of the Fire Precautions Act 1971 .”.
11
In regulation 22(2) (accountability and visiting on behalf of responsible authority) after the words “one of their number” there shall be inserted the words “, or an employee of that body who is not directly concerned with the conduct of the home,”.
Amendment of the Arrangements for Placement of Children (General) Regulations 1991
3
For regulation 2 of the Arrangements for Placement of Children (General) Regulations 1991 (application of regulations) there shall be substituted the following regulation —
Application of Regulations
2
1
Subject to paragraph (2), these Regulations apply to placements —
a
by a local authority of any child;
b
by a voluntary organisation of a child who is not looked after by a local authority;
c
in a registered children’s home of a child who is neither looked after by a local authority nor accommodated in such a home by a voluntary organisation, by a person carrying on the home.
2
These Regulations shall not apply to placements of a child, otherwise than by a local authority or voluntary organisation —
a
in an independent school which is a children’s home within the meaning of section 63(6) of the Act; or
b
in a special school (as defined in section 182 of the Education Act 1993 ) which is not maintained by a local education authority, or otherwise out of public funds.
.
Amendment of the Review of Children’s Cases Regulations 1991
4
After regulation 11 of the Review of Children’s Cases Regulations (application of regulations to short periods) there shall be inserted the following regulation —
Exceptions to application of Regulations
12
These Regulations shall not apply in the case of a child who is being provided with accommodation, otherwise than on behalf of a local authority or voluntary organisation —
a
in an independent school which is a children’s home within the meaning of section 63(6) of the Act; or
b
in a special school (as defined in section 182 of the Education Act 1993 ) which is not maintained by a local education authority, or otherwise out of public funds.
.
Amendment of the Representations Procedure (Children) Regulations 1991
5
After regulation 11 (application to voluntary organisations and registered children’s homes) of the Representations Procedure (Children) Regulations 1991 there shall be inserted the following regulation —
Exceptions to application of Regulations
11A
These Regulations shall not apply to representations made by a child or a person in respect of a child who is being provided with accommodation, otherwise than by a local authority or voluntary organisation —
a
in an independent school which is a children’s home within the meaning of section 63(6) of the Act; or
b
in a special school (as defined in section 182 of the Education Act 1993 ) which is not maintained by a local education authority, or otherwise out of public funds.
.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under-Secretary of State,
Department of Health
8th December 1993


text:
This Order may be cited as the Thames Valley Police (Amalgamation) (Amendment) Order 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
24th March 1993


text:
1
The Birmingham City Council (Grand Union Canal Bridge) Scheme 1992 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Birmingham City Council, Ingleby House, 11 — 14 Cannon Street, Birmingham.
3
The Scheme will become operative on the date on which notice that is has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Birmingham City Council (Grand Union Canal Bridge) Scheme 1992 Confirmation Instrument 1993.
Signed by authority of the Secretary of State for Transport
B. H. Leonard
Regional Director, Northern Region,
Department of Transport
22nd November 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1993 and shall come into force on 1st October 1993.
2
In these Regulations “the principal Regulations ” means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 .
Amendment of Form 13 in Schedule 1 to the principal Regulations
2
1
Form 13 (record for the purposes of the Mental Health Act 1983, section 5(4)) contained in Schedule 1 to the principal Regulations shall be amended in accordance with the following paragraph of this regulation.
2
Immediately before the words “of the professional register” there shall be inserted the following:–
OR
c
in Part 13 (nurses qualified following a course of preparation in mental health nursing)
OR
d
in Part 14 (nurses qualified following a course of preparation in mental handicap nursing)
.
Virginia Bottomley
Secretary of State for Health
3rd September 1993


text:
Citation and commencement
1
This Order may be cited as the Banking Act 1987 (Disclosure of Information) (Specified Persons) Order 1993 and shall come into force on 29th March 1993.
Addition of specified person
2
The Table in subsection (1) of section 84 of the Banking Act 1987 is amended by the addition of the following new entry —
21. The Operator within the meaning of the Uncertificated Securities Regulations 1992. Functions of the Treasury under Parts IX, X, XII and XIV of the Uncertificated Securities Regulations 1992 which are for the time being delegated to the Operator.
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1993


text:
1
1
This Order may be cited as the Hong Kong (British Nationality) (Amend-ment) Order 1993 and shall come into force on the day after the day on which it is made.
2
This Order extends to Northern Ireland.
3
This Order extends to the Channel Islands and the Isle of Man and to all dependent territories.
4
Section 50 of the British Nationality Act 1981 (interpretation) shall apply to the interpretation of this Order as it applies to the interpretation of that Act.
2
The Hong Kong (British Nationality) Order 1986 shall be amended as follows–
a
in article 4(2) after the words “would not be such a citizen,” shall be inserted the words “and who applies on or before the relevant date”; and
b
after article 4(3) there shall be added–
4
An application for registration under paragraph (2) above made after the relevant date may be accepted if the applicant shows that there are special circumstances which justify his being so registered.
5
Where any person is registered (or naturalised) as a British Dependent Territories citizen by virtue (wholly or partly) of his having a connection with Hong Kong, after, or less than three months before, the relevant date, the Secretary of State shall register him as a British National (Overseas) if he applies within three months after the date of his registration (or naturalisation) as a British Dependent Territories citizen.
6
In this article “the relevant date” in relation to a person whose year of birth falls within one of the entries in column 1 of the Second Schedule to this Order, means the date shown in the corresponding entry in column 2.
.
3
Section 42 of the British Nationality Act 1981 shall be amended so as to add, after subsection (5)–
6
A person who applies for registration or naturalisation as a British Dependent Territories citizen under any provision of this Act by virtue (wholly or partly) of his having a connection with Hong Kong, may not be naturalised or registered, as the case may be, unless he makes his application on or before 31st March 1996.
.
4
1
The Schedule to the Hong Kong (British Nationality) Order 1986 shall become the first Schedule to that Order and, as a consequence, in article 8 for the words “the Schedule” there shall be substituted the words “the first Schedule”.
2
After the first Schedule to that Order there shall be added the Schedule set out in the Schedule to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the National Health Service Act 1977 (Composition of Medical Practices Committee) Modification Order 1993 and shall come into force on 21st April 1993.
Modification of section 7(1)(b) of the National Health Service Act 1977
2
In section 7(1) of the National Health Service Act 1977 (Composition of Medical Practices Committee) paragraph (b) shall have effect subject to the following modifications —
a
for “six” there shall be substituted “five” in both places where it occurs; and
b
for “five” there shall be substituted “four”.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State
Department of Health
25th March 1993


text:
Title and commencement
1
These Regulations may be cited as the Parliamentary Pension Scheme (Additional Voluntary Contributions) Regulations 1993 and shall come into force on 21st January 1994.
Interpretation
2
1
In these Regulations —
“the Pensions Act 1975 ” means the Social Security Pensions Act 1975 ;
“the Taxes Act 1988 ” means the Income and Corporation Taxes Act 1988 ;
“the principal Regulations ” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993 ;
“approved scheme” means a retirement benefits scheme approved under Chapter I, Part XIV of the Taxes Act 1988, or such other legislation as may be in force from time to time in respect of such approval;
“the AVC scheme” means the Parliamentary Pensions Additional Voluntary Contributions Scheme set out in these Regulations;
“Class A contributor” means any contributor who joined the principal scheme on or after 1st June 1989 or any other contributor who has elected to become a Class A contributor (however termed) under the rules of the principal scheme;
“Class B contributor” means any contributor who joined the principal scheme on or after 17th March 1987 and before 1st June 1989 and has not elected to become a Class A contributor;
“Class C contributor” means any contributor who joined the principal scheme before 17th March 1987 and has not elected to become a Class A contributor;
“contributor” means a person admitted to participation in the AVC scheme in accordance with regulation 4(1);
“dependant” of a contributor means the contributor’s spouse, and any relevant child or children of the contributor as defined by regulation K3(5) of and Schedule 6 to the principal Regulations;
“final remuneration” is defined in Schedule 1;
“free-standing additional voluntary contribution scheme” means an additional voluntary contribution scheme which is an approved scheme to which an employer does not contribute;
“index” at any time, means the index of retail prices published by the Central Statistical Office of the Chancellor of the Exchequer, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;
“maximum pension” has the meaning assigned to it by regulation 11(2) and Schedule 2;
“pensionable service” means actual service as a participant in the principal scheme;
“permitted maximum” for any tax year means the figure specified for that tax year in an order made under section 590C of the Taxes Act 1988 ;
“personal pension scheme” means a scheme approved under Chapter IV Part XIV of the Taxes Act 1988;
“the principal scheme” means the scheme set out in the principal Regulations;
“retained benefits” means benefits for a contributor derived from —
retirement benefits schemes approved or seeking approval under Chapter I Part XIV or relevant statutory schemes as defined in section 611A of the Taxes Act 1988 , excluding benefits in respect of service;
funds to which section 608 of the Taxes Act 1988 applies, excluding benefits in respect of service;
retirement benefits schemes which have been accepted by the Board of Inland Revenue as “corresponding” for the purposes of section 596(2)(b) of the Taxes Act 1988, excluding benefits in respect of service;
retirement annuity contracts or trust schemes approved under section 620 of the Taxes Act 1988, or personal pension schemes (other than arrangements to which only minimum contributions are paid) which relate or related to relevant earnings from the current employment, or previous employments (including periods of self employment whether alone or in partnership);
transfer payments from overseas schemes held in a type of arrangement defined in (a) or (d) above, excluding those in respect of service;
including such benefits which have been transferred to another scheme, whether or not in the United Kingdom, but excluding such benefits which relate to service with an unassociated employer which is concurrent with service;
provided that: —
if the total of the retained benefits is less than a pension of £260 those retained benefits may be disregarded; and
if the contributor’s earnings in the 12 months after entry to the principal scheme do not exceed one quarter of the permitted maximum, benefits from these sources, other than those transferred into the principal scheme, shall not be classed as retained benefits;
“retained death benefits” shall mean any lump sum benefits payable on the contributor’s death derived from the sources set out in the definition of retained benefits above, but if the total of retained death benefit is less than £2,500 it may be disregarded; provided that benefits representing a return of the contributor’s own contributions plus interest thereon and benefits derived from a return of funds under retirement annuity contracts approved under section 620 of the Taxes Act 1988 or personal pension schemes may be ignored for this purpose;
“retirement benefits scheme” means a scheme within the meaning of section 611 of the Taxes Act 1988;
“service” means service as a Member of the House of Commons or as an office holder or as both a Member of the House of Commons and as an office holder, and includes where appropriate, any increase in reckonable service attributable to sums received by way of transfer value or to the purchase of added years;
“the Trustees” are the Trustees for the time being of the Parliamentary Contributory Pension Fund;
and other expressions shall have the same meaning as in the principal Regulations.
2
In these Regulations, except where the context otherwise requires: —
a
a reference to a numbered regulation or Schedule is a reference to the regulation of, or the Schedule to, these Regulations so numbered; and
b
a reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule so numbered.
3
The interpretation and application of the definitions set out above and of any other expressions in these Regulations shall be consistent with the AVC scheme being approved as an exempt approved scheme under Chapter I of Part XIV of the Taxes Act 1988.
Trustees and administration
3
1
The provisions of Schedule 1 to the principal Regulations shall have effect for the purposes of the AVC scheme.
2
These Regulations set out arrangements for an AVC scheme whereby participants in the principal scheme may, subject to the approval of the Trustees, make contributions for the purpose of securing benefits additional to those which would otherwise be payable to or in respect of such participants pursuant to the principal Regulations.
3
Subject to regulation 9(3) below, benefits under the AVC scheme shall be paid by the Trustees in accordance with the provisions of these Regulations.
4
The Trustees shall be responsible for the discharge of all the duties imposed on the administrator of an AVC scheme under Chapter I of Part XIV of the Taxes Act 1988.
5
Any sums received by the Trustees by virtue of the AVC scheme shall be paid into a suspense account or accounts used for the purposes of the AVC scheme.
Membership and closing the scheme to new members
4
1
Subject to the provisions of this regulation, any participant in the principal scheme may become a contributor to the AVC scheme by making written application in such form as the Trustees shall require and by having such application accepted.
2
A contributor may not make any contributions to the AVC scheme after he has ceased to be a participant in the principal scheme, but may make a further application under paragraph (1) above if he again becomes a participant.
3
The Trustees may with effect from such date as they may determine close the AVC scheme to participants in the prinicipal scheme who are not contributors to the AVC scheme at that date.
Contributions
5
1
A contributor may make contributions to the AVC scheme of such amount within limits imposed by the Board of Inland Revenue, at such times and in such manner as may be specified by the Trustees, with the approval of the institution with which the contributions are to be invested.
2
A contributor’s contributions to the AVC scheme in any tax year must not exceed whichever is the smaller of —
a
i
in the case of a single contribution (if permitted by the Trustees), such amount determined by the Trustees on a basis acceptable to the Board of Inland Revenue which, if the contributor were to leave service immediately after payment, is likely to provide benefits equal to the limits set out in regulation 11; or
ii
in the case of an annual contribution, such amount determined by the Trustees on a basis acceptable to the Board of Inland Revenue which, if maintained at that level until the contributor’s normal retirement date, is likely to provide benefits equal to the limits set out in regulation 11; and
b
that percentage of the contributor’s total salary which, together with any contributions made by the contributor to any other schemes providing benefits in respect of service, will bring the total of contributions to 15 per cent of that salary, or, in the case of a Class A contributor, where his annual salary exceeds the permitted maximum, to 15 per cent of that permitted maximum.
3
In sub-paragraph (2)(b) above, a contributor’s total salary means —
a
in respect of a contributor who is a participating Member who holds or has held the office of Prime Minister and First Lord of the Treasury or Speaker of the House of Commons, his salary as defined by regulation D1(2)(a) of the principal Regulations; or
b
in respect of any other contributor who is a participating Member and not a participating office holder, a Member’s ordinary salary; or
c
in respect of a contributor who is both a participating Member and a participating office holder, a Member’s ordinary salary and the amount defined by regulation D2(2)(a) of the principal Regulations; or
d
in respect of a contributor who is a participating office holder and not a Member of the House of Commons, the amount defined by regulation D2(2)(b) of the principal Regulations.
4
A transfer value to the AVC scheme shall only be accepted by the Trustees if it is from either —
a
a free-standing additional voluntary contributions scheme, which is not an appropriate personal pension scheme which satisfies the requirements prescribed under Schedule 1 to the Social Security Act 1986 ; or
b
an additional voluntary contributions scheme which is an approved scheme,
provided that, in either case —
i
it is certified by the administrator of that scheme to represent only the realisable value of the contributor’s own contributions to that scheme; and
ii
acceptance will not cause the contributor’s benefits to exceed the limits set out in regulation 11.
Investment of contributions
6
1
Each contributor’s contributions shall be invested in such investments as the Trustees may from time to time determine, save that such contributions may not be used for the purpose of making any loan whatsoever.
2
Without prejudice to the generality of (1) above, the Trustees, in accordance with a contributor’s instructions, may invest the contributor’s contributions —
a
in an insurance policy or policies taken out with an insurance company, being a United Kingdom office or branch of an insurance company to which Part II of the Insurance Companies Act 1982 applies and which is authorised under section 3 or 4 of that Act to carry on ordinary long-term insurance business; or
b
in a deposit account or accounts with a building society authorised by virtue of Part II of the Building Societies Act 1986 .
3
The Trustees shall, as soon as practicable, invest the contributions, with the institution and in the manner chosen by the contributor, in order to provide benefits which fall within the scope of regulation 7.
4
The investments made in respect of a contributor with an institution may be realised and reinvested at the request of the contributor with that or any other institution determined by the Trustees, in such amounts, at such times and in such manner as may be specified by the Trustees, with the approval of the institutions concerned.
Benefits which may be provided
7
1
Subject to the limits set out in regulation 11, a contributor will be entitled to whatever benefits are secured by the contributions paid by the contributor, and by any transfer value accepted under regulation 5(4).
2
The benefits normally permitted are —
a
a lump sum payable on the death of the contributor;
b
a return of the contributor’s contributions in respect of retirement benefits to the extent of the total realisable value of the investments made by the Trustees with the contributions made by the contributor, payable either on the death of the contributor before retirement or in the circumstances referred to in regulation 10;
c
on the death of the contributor before retirement, a pension payable to the contributor’s spouse throughout the remainder of his or her lifetime;
d
on the death of the contributor after retirement, a pension payable to one or more dependants throughout the remainder of their lifetime (save that, in the case of a child who is not incapable within the meaning of regulation K3(5)(c) of the principal Regulations, the pension shall only be payable until the child reaches the age of 17 or, if later, until the child ceases to be within his period of full-time education as defined by Schedule 6 to the principal Regulations); and
e
a pension payable to the contributor from the contributor’s retirement throughout the remainder of his or her lifetime, under which —
i
payments may be guaranteed to be payable for up to 10 years after retirement in any event; or
ii
payments may be guaranteed to be payable for up to 5 years after retirement with any balance in respect of any period between death and the expiry of the period of 5 years being paid in one lump sum on death.
3
Pensions may be level in payment, increase at a fixed rate, vary in line with the index or with the value of units in a unit trust, managed fund or insurance company fund or be provided on a with-profits basis.
4
In the case of benefits payable at or after a contributor’s retirement, the choice of which of the above types of benefit shall be payable shall be made by the contributor at retirement.
Payment of lump sums on death
8
1
Any lump sum payable on a contributor’s death shall be paid or applied (by way of settlement or otherwise) within 2 years of the contributor’s death by the Trustees to or for the benefit of any one or more of —
a
any individual nominated by the contributor in writing;
b
the contributor’s dependants, children, parents, grandparents and descendants of such persons; and
c
the contributor’s personal representative.
2
The decision as to which individual or individuals should receive part or all of the lump sum and how much each shall receive shall be at the absolute discretion of the Trustees.
3
Any part of the lump sum which has not been so paid or applied within 2 years of the contributor’s death shall be paid to the contributor’s personal representative.
4
For the purposes of this regulation, a lump sum includes a refund of contributions.
Purchase of pensions
9
1
On or before the date of his retirement, the contributor shall specify in writing to the Trustees the pension or pensions which are to be purchased on his behalf or on behalf of his dependants.
2
The Trustees shall purchase the pension or pensions specified under paragraph (1) above from such insurer or friendly society as the Trustees may determine from time to time or as the contributor may in writing specify, being either —
a
a company which is a United Kingdom branch or office of an insurance company to which Part II of the Insurance Companies Act 1982 applies and which is authorised under section 3 or 4 of that Act to carry on ordinary long-term insurance business; or
b
a friendly society authorised to carry on business under Part IV of the Friendly Societies Act 1992 .
3
Where a contributor elects for the purchase of pensions to be provided by such insurer or friendly society as he may specify under sub-paragraph (2) above, (not being an insurer or friendly society determined by the Trustees), the making of that election will have the effect of discharging any liability of the Trustees to pay those pensions to or in respect of that contributor.
Leaving the AVC scheme
10
A contributor may cease to participate in the AVC scheme at any time before benefits provided under regulation 7 are taken by requiring the Trustees (in such manner as may, subject to Schedule 1A to the Pensions Act 1975, be specified by the Trustees) to do one or more of the following as appropriate —
a
to transfer the value of the contributor’s accrued benefits to an approved scheme of a subsequent employer, or to a personal pension scheme subject, in each case, to the scheme being willing to accept the transfer value and meeting the prescribed requirements referred to in paragraph 13(2)(a) of Schedule 1A to the Pensions Act 1975 (and in each case the Trustees will certify to the receiving scheme that the whole of the transfer value represents the realisable value of the contributor’s contributions and that all of it must be used to secure a non-commutable pension) and after they have made such a transfer the Trustees will be discharged from any obligation to provide any benefits to which the transfer value relates;
b
to use the value of the contributor’s accrued benefits to purchase one or more insurance policies of the type described in paragraph 13(2)(b) of Schedule 1A to the Pensions Act 1975;
c
if the contributor’s aggregate period of reckonable service as a participant, including any service whilst a member of a previous employer’s pension scheme from which a transfer value has been paid to the AVC scheme or the principal scheme, totals less than 2 years, to pay the contributor the value of his or her accrued benefits after deduction of any tax payable by the Trustees.
For the purposes of this paragraph, the value of a contributor’s accrued benefits shall be the total realisable value of the investments made by the Trustees with the contributions paid by the contributor.
Maximum benefits
11
1
The lump sum benefit (exclusive of any refund of the contributor’s own contributions and any transfer value received by the AVC scheme in respect of the contributor plus interest if any) payable under the AVC scheme on the death of a contributor while in service or (having left service with a deferred pension) before the commencement of the contributor’s pension shall not, when aggregated with all like benefits under the principal scheme, personal pension schemes, free-standing additional voluntary contribution schemes and retained death benefits exceed whichever is appropriate of —
a
4 times final remuneration at the date of death; or
b
4 times final remuneration at the date of leaving service;
and in the case of a Class A contributor, any remuneration in excess of the permitted maximum shall be disregarded.
2
“Final remuneration” has the meaning assigned to it by Schedule 1.
3
A contributor’s pension when aggregated with any pensions and the pension equivalent of any lump sums under the principal scheme and any pension under a free-standing additional voluntary contribution scheme in respect of service shall not exceed such maximum pension as is calculated in respect of that contributor in accordance with Schedule 2.
4
Any pensions for dependants, when aggregated with any pension payable to dependants under the principal scheme or under a free-standing additional voluntary contribution scheme, shall not exceed an amount equal to two-thirds of the maximum pension —
a
payable to the contributor at the date of the contributor’s death (including any pension increases given under paragraph (5) below), or
b
being a deferred benefit, payable to the contributor at normal retirement date, or
c
prospectively payable to the contributor who dies in service had the contributor remained in service up to normal retirement date at the rate of pay in force immediately before the contributor’s death, or
d
prospectively payable to the contributor who dies in service after normal retirement date before taking any benefit under the principal scheme on the basis that the contributor had retired on the day before he or she died,
and, in whichever case applies, the maximum pension shall be calculated as if the contributor had no retained benefits.
5
Where a contributor chooses as a benefit an index-linked pension, the maximum amount of the pension ascertained in accordance with paragraphs (3) or (4) above may be increased by up to 3 per cent for each complete year, or, if greater, in proportion to any increase in the index which has occurred since payment of the pension commenced.
Surplus monies
12
1
To the extent that any benefit otherwise payable exceeds the maximum allowed by whichever of paragraph (1), (3), (4) or (5) of regulation 11 applies, the Trustees shall notify the contributor (or his personal representative) that he may elect within the period of three months following the date of notification to use the excess —
a
within limits imposed by the Board of Inland Revenue to enhance other benefits or to have additional benefits provided to him; or
b
in the case of a benefit consisting of a pension, to have the pension increased annually in proportion to any increase in the index or at a rate not exceeding the rate of 3 per cent per annum with yearly rests; or
c
to have the amount of the excess, less an appropriate tax charge, repaid to him; or
d
to have any combination of those courses followed.
2
If, at the end of the period of three months referred to in paragraph (1), the contributor or his personal representative has not notified the Trustees that he has elected to use the excess in one of the ways described in sub-paragraphs (a) to (d) of that paragraph, the Trustees shall assume that he has elected to use it in the way described in sub-paragraph (c) of that paragraph.
Surrender at the request of the Trustees
13
1
The Trustees may require an institution with which contributions have been invested under the AVC scheme to surrender the whole or part of the value of such contributions.
2
If, pursuant to paragraph (1) above, the Trustees require a surrender of the whole or part of the value of contributions, they shall reinvest such contributions in accordance with regulation 6.
3
If, on or before the date when the Trustees exercise their right under paragraph (1) above, a request has been received from a contributor under regulation 6(4), the Trustees may give effect to such request.
Taxation
14
Whenever the Trustees as administrators of the AVC scheme are liable for any tax in respect of any payment made to any person under these Regulations, they may deduct sums equal in total to such tax from any payments made to such person in such manner as they consider proper.
Costs
15
The expenses of establishing and administering the AVC scheme will be borne by the Fund.
Prohibition on assignment or charge on benefits
16
Any assignment (or, in Scotland, assignation) of, or charge on, or any agreement to assign or charge, any benefits payable under the AVC scheme shall be void.
Tony Newton
Leader of the House of Commons
22nd December 1993
We consent
T. J. R. Wood
Andrew MacKay
Two of the Lords Commissioners of Her Majesty’s Treasury
24th December 1993


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1993.
2
The figure specified in this Order, which is the figure found for the year of assessment 1993 — 94, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of section 590C(4) and (5) of that Act, is £77,400.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Severe Disablement Allowance) Amendment Regulations 1993 and shall come into force on 13th January 1994.
2
In these Regulations “the principal Regulations ” means the Social Security (Severe Disablement Allowance) Regulations 1984 .
Amendment of regulation 20 of the principal Regulations
2
In regulation 20 of the principal Regulations (persons formerly entitled to non-contributory invalidity pension) there shall be inserted after paragraph (1) the following paragraph:
1A
A woman who —
a
would have been entitled to a non-contributory invalidity pension immediately before 29th November 1984, but for the requirement that she be incapable of performing normal household duties (whether or not she made a claim for that pension), and
b
has been continuously incapable of work since that date,
shall be entitled to a severe disablement allowance, whether or not she is disabled for the purposes of section 68 of the Social Security Contributions and Benefits Act 1992 and whether or not she has attained the age referred to in subsection (4)(d) of that section, if she satisfies the other requirements for entitlement to that allowance.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
20th December 1993


text:
Title and commencement
1
These Regulations may be cited as the Organic Products (Amendment) Regulations 1993 and shall come into force on 29th March 1993.
Interpretation
2
In these Regulations “the principal Regulations ” means the Organic Products Regulations 1992 .
Amendment of the principal Regulations
3
In regulation 7 paragraphs (1) and (2) respectively, for the words “a Specified Community provision” there shall be substituted “regulation 6(2) above”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
25th February 1993.
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
23rd February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Queen’s Park Hospital, Haslingden Road, Blackburn BB2 3HH and associated hospitals;
b
to manage community health services provided from Queen’s Park Hospital, Haslingden Road, Blackburn BB2 3HH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Blackburn, Hyndburn and Ribble Valley 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 Blackburn, Hyndburn and Ribble Valley 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 Blackburn, Hyndburn and Ribble Valley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health Tom
Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
PART I
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1992 , may be cited as the Land Registration Fees Order 1993 and shall come into force on 1st March 1994.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes sub — charge;
“credit account” means an account authorised by the Registrar under article 15(1);
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
SCALE AND FIXED FEES; ABATEMENTS AND EXEMPTIONS
Scale fees
2
1
Subject to article 6, the fee for an application for first registration (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land comprised in the application determined in accordance with article 3.
2
Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:
Provided that —
where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £40 in accordance with Scale B in Schedule 2;
where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £40 shall be payable.
3
Subject to paragraph (5)(i) and to article 6, the fee for an application for the registration of:
a
a transfer of registered land or of a registered charge for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land or in a registered charge;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:
Provided that —
where a sale and sub — sale of land are effected by separate instruments of transfer, a separate fee shall be payable under this paragraph in respect of each transfer;
where a sale and sub — sale of land are effected by one instrument of transfer, the fee shall be assessed upon the monetary consideration given by the sub — purchaser in respect of that land.
4
The fee for an application in relation to registered land for the registration of:
a
an exchange (whether or not money is paid for equality);
b
a vesting order or declaration made under section 47 of the Act;
shall be paid in accordance with Scale A in Scedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.
5
Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land;
c
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
d
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
e
a transmission of registered land on death or bankruptcy;
f
an assent of registered land (including a vesting assent);
g
an appropriation of registered land;
h
a rectification of the register;
i
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:
Provided that —
in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge;
where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
6
Subject to article 6 and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a charge;
b
the transfer of a charge otherwise than for monetary consideration;
c
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale A on Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:
Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.
7
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination.
Valuation (first registration)
3
1
In the case of an application by a purchaser for the first registration of title to land made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken as the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and as evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
3
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (registered land)
4
1
Where the value of land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
5
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a fixed charge, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 2(6) shall be payable on an amount calculated in accordance with the following formula:
Amount of the charge × Value of registered land Value of whole security
3
The fee in accordance with Scale A in Schedule 1 for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
The fee in accordance with Scale A in Schedule 1 for the registration of a charge (not falling within paragraph (3)) to secure an obligation or liability which is contingent upon the happening of a future event shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge:
Provided that if the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
5
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the chargor, or each of the several chargors if more than one, shall be treated as having effected a single charge the amount of which is equal to the lesser of:
a
the whole debt; or
b
the value of the registerd land charged by the chargor after deducting therefrom the amount secured on it by any prior registered charge.
Large scale applications
6
1
In this article:
a
“large scale application” means an application to which this article applies and which relates to not fewer than 20 units of land as defined in sub — paragraph (b); and
b
“unit of land” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
This article applies to applications for:
a
first registration of title to land;
b
first registration of title to a lease;
c
registration of a transfer of registered land for monetary consideration;
d
registration of a transfer of a registered charge for monetary consideration;
e
registration of a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or a share in a registered charge;
f
registration of a charge.
3
The fee for a large scale application shall be:
a
£20 in respect of each unit of land to which the application relates; or
b
the amount payable in respect of the application under article 2;
whichever is the greater.
Fixed fees
7
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.
2
The fee for an application in Form 112A or Form 112B in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Abatements and exemptions
8
1
The abatements set out in Part I of Schedule 4 shall apply in respect of the applications therein mentioned.
2
No fee shall be payable in respect of any of the applications and services specified in Part II of Schedule 4.
PART III
GENERAL AND ADMINISTRATIVE PROVISIONS
Refund of fees
9
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 7(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
10
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
11
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
12
Where application for special expedition in connection with an application is granted, such further fee, being not less than £40, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
13
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale A in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
14
Subject to article 15:
a
every fee shall be paid by means of a cheque or postal order crossed and made payable to H. M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale A in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
15
1
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
2
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account.
3
Where a person or firm having a credit account makes a written application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person’s or that firm’s account.
4
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
5
On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account forthwith.
6
Cheques shall be crossed and made payable to H. M. Land Registry and sent to the Accounts Section, H. M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
7
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
Mackay of Clashfern, C.
Dated 9th December 1993
Tim Wood
Tim Kirkhope
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 14th December 1993