text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 and shall come into force–
a
except for regulation 3(5) on 14th May 1993;
b
in the case of regulation 3(5) on 3rd June 1993.
2
In these Regulations–
a
“the Family Credit Regulations ” means the Family Credit (General) Regula-tions 1987 ;
b
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
c
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
d
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
e
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
f
“the Recoupment Regulations ” means the Social Security (Recoupment) Regulations 1990 .
Amendment of the Family Credit Regulations
2
1
The Family Credit Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
in the definition of “qualifying person” after the word “Fund” there shall be added the words “or the Eileen Trust”;
b
after the definition of “student” the following definition shall be inserted–
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
.
3
The following provisions shall be amended by inserting the words “, the Eileen Trust” after the words “the Fund” each time they appear–
a
regulation 26(3) (notional income);
b
regulation 31(3) (income treated as capital);
c
regulation 34(3) (notional capital).
4
In Schedule 2 (sums to be disregarded in the calculation of income other than earnings) in paragraph 34–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”;
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
5
In Schedule 3 (capital to be disregarded) in paragraph 23–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”; and
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
Amendment of the Housing Benefit Regulations
3
1
The Housing Benefit Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
in the definition of “qualifying person” after the word “Fund” there shall be added the words “or the Eileen Trust”;
b
after the definition of “supplementary benefit” the following definition shall be inserted–
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
.
3
The following provisions shall be amended by inserting the words “, the Eileen Trust” after the words “the Fund” each time they appear–
a
regulation 35(3) (notional income);
b
regulation 40(6) (income treated as capital);
c
regulation 43(3) (notional capital);
d
regulation 63(9)(b) (non-dependant deductions).
4
In regulation 73(3)(a)(ii) (evidence and information) for the words “or the Fund” there shall be substituted the words “, the Fund or the Eileen Trust”.
5
In Schedule 1A (excluded tenancies) –
a
in paragraph 2(4) for head (b) there shall be substituted the following head–
b
at the date of that increase the claimant was not liable to pay council tax; and
;
b
in paragraph 12–
i
in the definition of “rent” after the word “rent” there shall be inserted the words “shall be construed in accordance with sub-paragraph (8) of regulation 12A (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that sub-paragraph,”
ii
at the end of the paragraph for the words “regulation 12(8)” there shall be substituted the words “regulation 12A(8)”.
6
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) in paragraph 34–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”;
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
7
In Schedule 5 (capital to be disregarded) in paragraph 23–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”; and
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
Amendment of the Income Support Regulations
4
1
The Income Support Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
in the definition of “qualifying person” after the word “Fund” there shall be added the words “or the Eileen Trust”;
b
after the definition of “terminal date” the following definition shall be inserted–
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
3
The following provisions shall be amended by inserting the words “, the Eileen Trust” after the words “the Fund” each time they appear–
a
regulation 42(4) (notional income);
b
regulation 48(10)(c) (income treated as capital);
c
regulation 51(3) (notional capital);
d
regulation 72(1)(a) (assessment of income and capital in urgent cases);
e
paragraph 11(8)(b) of Schedule 3 (housing costs; non-dependant deductions).
4
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 21(2) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”;
b
in paragraph 39–
i
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”;
ii
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
5
In Schedule 10 (capital to be disregarded) in paragraph 22–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”; and
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
Amendment of the Disability Working Allowance Regulations
5
1
The Disability Working Allowance Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
in the definition of “qualifying person” after the word “Fund” there shall be added the words “or the Eileen Trust”;
b
after the definition of “student” the following definition shall be inserted–
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
.
3
The following provisions shall be amended by inserting the words “, the Eileen Trust” after the words “the Fund” each time they appear–
a
regulation 29(3) (notional income);
b
regulation 34(3) (income treated as capital);
c
regulation 37(3) (notional capital).
4
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) in paragraph 33–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”;
b
in sub-paragraph (6) at the end the words “and the Eileen Trust” shall be added.
5
In Schedule 4 (capital to be disregarded) in paragraph 23–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”; and
b
in sub-paragraph (6) at the end the words “and the Eileen Trust” shall be added.
Amendment of the Council Tax Benefit Regulations
6
1
The Council Tax Benefit Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
in the definition of “qualifying person” after the word “Fund” there shall be added the words “or the Eileen Trust”;
b
after the definition of “supplementary benefit” the following definition shall be inserted–
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
.
3
The following provisions shall be amended by inserting the words “, the Eileen Trust” after the words “the Fund” each time they appear–
a
regulation 26(3) (notional income);
b
regulation 31(6) (income treated as capital);
c
regulation 34(3) (notional capital);
d
regulation 52(9)(b) (non-dependant deductions);
e
paragraph 2(b) of Schedule 2 (amount of alternative maximum council tax benefit).
4
In regulation 63(3)(a)(ii) (evidence and information) for the words “or the Fund” there shall be substituted the words “, the Fund or the Eileen Trust”.
5
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) in paragraph 35–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”;
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
6
In Schedule 5 (capital to be disregarded) in paragraph 23–
a
in sub-paragraph (1) after the words “the Fund” there shall be inserted the words “, the Eileen Trust”; and
b
in sub-paragraph (7) at the end the words “and the Eileen Trust” shall be added.
Amendment of the Recoupment Regulations
7
In regulation 4 of the Recoupment Regulations (exempt payments) after paragraph (g) the following paragraph shall be added–
h
any payment made from the Eileen Trust established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
12th May 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Edinburgh Sick Children’s National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Edinburgh Sick Children’s 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 Edinburgh Sick Children’s National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities known as the Royal Hospital for Sick Children, Forteviot House and Douglas House, all in Edinburgh, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Lothian Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Lothian Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Lothian Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1993


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Suffolk River Valleys) Designation Order 1993 and shall come into force on 27th March 1993.
Interpretation
2
1
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species and includes meadowland, pasture and rough grazing;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“reverted grassland” means grassland established pursuant to the provisions of an agreement on land previously used for arable cropping;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Suffolk River Valleys in the Counties of Suffolk and Essex which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of Suffolk River Valleys environmentally sensitive area” dated 3rd March 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions that–
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates at the rate of £70 per annum for each hectare of permanent grassland and £220 per annum for each hectare of reverted grassland.
2
Where an agreement includes the additional provisions specified in Schedule 2, 3 or 4 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table–
£ per hectare of land per annum
Schedule 2
permanent grassland
180
reverted grassland
260 Schedule 3 30 Schedule 4 220
3
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall also make payments at the rate of £8 per annum for each hectare of land which is subject to the agreement.
4
Where an agreement includes one or more of the conservation plan operations specified in Schedule 6, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 per agreement.
Revocation and saving
7
The Environmentally Sensitive Areas (Suffolk River Valleys) Designation Order 1987 is hereby revoked, except that the provisions of that Order shall continue to apply to agreements made in relation to it on or before 28th February 1993.
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
3rd March 1993.
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1993


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1993 and shall come into force on 14th October 1993.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British–owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“sea area” means the statistical sub–areas and division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for sole ( Solea solea —
a
by any British fishing boat registered in the United Kingdom within any part of the sea area; or
b
by any other British fishing boat within any part of the sea area which lies within British fishery limits,
is prohiibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1994.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
Powers of British sea–fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea–fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub–paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea–fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea–fishery officer.
Revocation
4
The Sole (Eastern English Channel) (Prohibition of Fishing) Order 1992 , the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and the Haddock and Hake (Specified Sea Areas) (Prohibition of Fishing) Order 1992 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th October 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
13th October 1993
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
13th October 1993
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
13th October 1993


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by a dotted line and marked A on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Warwickshire and Metropolitan Borough of Solihull that the new trunk road is open for through traffic.
2
In this Order —
a
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the deposited plan” means the plan contained in the plan folio numbered HA10/2WM/163 marked “The A45 Trunk Road”(Middle Bickenhill to Stonebridge) (De-Trunking) Order 1993 signed by authority of the Secretary of State and deposited at the Department of Transport, Room AG23, 43 Marsham Street, London, SW1P 3PY;
c
“the new trunk road” means the highway to be provided by the Secretary of State in pursuance of the A45/A452 Trunk Roads (Stonebridge Grade Separation) Order 1993;
d
“the Trunk Road” means the Birmingham–Upper Heyford Trunk Road.
3
This Order shall come into force on 23rd September 1993 and may be cited as the A45 Trunk Road (Middle Bickenhill to Stonebridge) (De-Trunking) Order 1993.
Signed by authority of the Secretary of State for Transport
D. Ritchie
Regional Director West Midlands Region
Department of Transport
3rd September 1993


text:
1
The Lincolnshire County Council (Tattershall Bridge Reconstruction) Scheme 1991 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, 43 Marsham Street, London SW1P 3PY and at the offices of the Lincolnshire County Council, County Offices, Newland, Lincoln LN1 1 YP.
3
The Scheme will become operative on the date on which notice that it 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 Lincolnshire County Council (Tattershall Bridge Reconstruction) Scheme 1991 Confirmation Instrument 1993.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Transport
29th April 1993


text:
1
This order may be cited as the High Court (Distribution of Business) Order 1993 and shall come into force on 5th April 1993.
2
There shall be assigned to the Family Division all proceedings in the High Court under the Child Support Act 1991 .
3
In consequence of the provision made by article 2, paragraph 3 of Schedule 1 to the Supreme Court Act 1981 shall be amended by the insertion, after sub-paragraph (g) , of the following–
h
all proceedings under the Child Support Act 1991.
.
Mackay of Clashfern, C
Dated 3rd March 1993


text:
Citation and commencement
1
1
This Order may be cited as the Hereford and Worcester and Warwickshire (County Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“district” includes a borough;
“electoral division” means an electoral division of the county to which an area is transferred by this order;
“Hereford and Worcester” means the county of Hereford and Worcester, and any reference to Bromsgrove, to Redditch, or to Wychavon is a reference to the district of that name in that county;
“map” means one of the 3 maps prepared by the Department of the Environment, marked
“Maps of the Hereford and Worcester and Warwickshire (County Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“ward” means a ward of the district to which an area is transferred by this order; and
“Warwickshire” means the county of Warwickshire, and any reference to Stratford-on-Avon is a reference to the Warwickshire district of that name.
Transfers from Hereford and Worcester to Warwickshire
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Hereford and Worcester, and from the district and the parish named in column 3 to —
a
Warwickshire;
b
Stratford-on-Avon;
c
the parish, ward and electoral division mentioned in column 4; and to
d
the South Warwickshire petty sessional division and the Warwickshire coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Hereford and Worcester, and from — To Warwickshire, to Stratford-on-Avon, and to —
A3, A4 & A5 1
Bromsgrove
Parish of Beoley
Parish of Tanworth-in-Arden
Tanworth ward
Henley-in-Arden electoral division
A6 3
Wychavon
Parish of Pebworth
Parish of Long Marston
Welford ward
Bidford-on-Avon electoral division
Transfers from Warwickshire to Hereford and Worcester
4
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Warwickshire, from Stratford-on-Avon, and from the parish named in column 3 to —
a
Hereford and Worcester;
b
the district, parish (if any), ward and electoral division mentioned in column 4; and to
c
the Bromsgrove and Redditch petty sessional division and the North Eastern Hereford and Worcester coroner’s district.
TABLE
1. 2. 3. 4. Area marked On map Transferred from Warwickshire, from Stratford-on-Avon, and from parish of To Hereford and Worcester, and to —
A1 & A2
1 Tanworth-in-Arden
Bromsgrove
Parish of Beoley
Alvechurch ward
Alvechurch electoral division
B1 2 Studley
Redditch
Greenlands ward
Matchborough electoral division
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
16th February 1993


text:
1
This Order may be cited as the Value Added Tax (Protective Boots and Helmets) Order 1993 and shall come into force on 6th April 1993.
2
Group 17 of Schedule 5 to the Value Added Tax Act 1983 shall be varied by substituting for Note (4) the following Note —
4
Items 2 and 3 apply only where the goods to which they refer are —
a
goods which —
i
are manufactured to standards approved by the British Standards Institution, and
ii
bear a marking indicating compliance with the specification relating to such goods; or
b
goods which —
i
are manufactured to standards which satisfy requirements imposed (whether under the law of the United Kingdom or the law of any other member State) for giving effect to the directive of the Council of the European Communities dated 21st December 1989 No. 89/686/ EEC , and
ii
bear any mark of conformity provided for by virtue of that directive in relation to those goods.
.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bassetlaw Hospital and Community Services National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order:
“the Authority” means Bassetlaw Health Authority;
“the Trust” means the Bassetlaw Hospital and Community Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 4th December 1992 which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 22nd March 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
22nd February 1993


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Third Amendment) Regulations 1993 and shall come into force on 1st June 1993.
2
The Civil Aviation (Navigation Services Charges) Regulations 1991 shall be amended as follows —
In regulation 7(3) for “a charge of forty-six pounds” there shall be substituted “a charge of sixty-eight pounds”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
23rd April 1993
We consent to the making of these Regulations
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
27th April 1993


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Bovine Embryo Collection and Transfer (Fees) Regulations 1993 and shall come into force on 21st December 1993.
2
In these Regulations “the principal Regulations ” means the Bovine Embryo Collection and Transfer Regulations 1993 .
Payment of fees
2
1
An applicant for any approval under the principal Regulations shall, at the time the application is made, pay to the appropriate Minister the fee specified for that application in the Schedule to these Regulations.
2
The holder of an approval under the principal Regulations shall pay the fee specified in paragraph 6, 7 or 8 of the Schedule to these Regulations when an examination specified there is carried out.
Exceptions
3
No fee shall be payable under paragraph 4 of the Schedule to these Regulations if the premises are already licensed under regulation 7(1)(b) of the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 or regulation 7(1)(b) of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 .
Reduction of fees
4
1
Where an application requires the inspection of premises, and one applicant has applied for the inspection of more than one set of premises to be inspected at the same time which are within a radius of 5 miles of one another, the fee for the second and subsequent premises shall be reduced by £29 plus one third of the remainder of the sum that would otherwise have been payable.
2
Where there is a fee payable under paragraph 6(1)(a), 6(2), 7 or 8(2) of the Schedule to these Regulations, and the examination for which the fee is payable is carried out at the same time as an examination for which a fee is payable under the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 , then the fee payable under these Regulations shall be reduced by £29 plus one third of the remainder of the sum that would otherwise have been payable.
Refund of fees
5
If an application is withdrawn before it is determined, the appropriate Minister shall refund to the applicant the fee paid less a deduction of the costs already incurred in processing the application.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd November 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State Scottish Office
17th November 1993
John Redwood
Secretary of State for Wales
19th November 1993
Timothy Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 1993


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) (No.2) Order 1993 and shall come into force on 1st October 1993.
Abolition of Authorities
2
The District Health Authorities specified in Schedule 1 to this Order are hereby abolished.
Establishment and names of new Authorities
3
For each of the districts determined by the National Health Service (Determination of Districts) (No.2) Order 1993 and specified in column (1) of Schedule 2 to this Order there is established a District Health Authority which shall be known by the name specified in column (2) of that Schedule in relation to that district.
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order, Schedule 1 to the National Health Service (District Health Authorities) Order 1990 shall be amended —
a
by the omission from Part 10 of the entries in columns (1) and (2) relating to East Berkshire District and West Berkshire District, and the insertion, immediately before the entries in that Part relating to Buckinghamshire District, of the following entries in columns (1) and (2) respectively: —
Berkshire Berkshire Health Authority
;
b
by the omission from Part 13 of the entries in columns (1) and (2) relating to Crewe District, Halton District, Macclesfield District, Southport and Formby District, South Sefton (Merseyside) District and Warrington District, and the insertion, immediately before the entries in that Part relating to St. Helens and Knowsley District, of the following entries in columns (1) and (2) respectively: —
North Cheshire North Cheshire Health Authority Sefton Sefton Health Authority South and East Cheshire South and East Cheshire Health Authority
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th September 1993


text:
Citation and commencement
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (Amendment) Regulations 1993 and shall come into force on 25th August 1993.
Amendment to the Animals and Animal Products (Import and Export) Regulations 1992
2
For Schedules 1, 2, 3, 4 and 6 to the Animals and Animal Products (Import and Export) Regulations 1992 there shall be substituted the provisions of Schedules 1, 2, 3, 4 and 5 of these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheriesand Food is hereunder affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
21st July 1993.
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
22nd July 1993


text:
1
The lengths of the A43 Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road as from the date on which the Secretary of State notifies the County Council of Northamptonshire that the new trunk roads are open for through traffic.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highways and are approximate only;
b
i
“the deposited plan” means the plan numbered HA10/EM81 marked “The A43 Trunk Road (Silverstone Bypass) (Detrunking) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways to be constructed by the Secretary of State in pursuance of the A43 Trunk Road (Silverstone Bypass and Slip Roads) Order 1993;
iii
“the A43 Trunk Road” means the A43 Oxford — Northampton — Stamford — Market Deeping Trunk Road.
3
This Order shall come into force on 11th May 1993 and may be cited as theA43 Trunk Road (Silverstone Bypass) (Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
2nd April 1993


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1993 and shall come into force on 16th July 1993.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered PSE/O/A249/4/65/10/2 marked “The A249 Trunk Road (M2 to Bobbing Improvement) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
iii
“the trunk road” means the A249 Trunk Road.
5
This Order shall come into force on 23rd March 1993 and may be cited as the A249 Trunk Road (M2 to Bobbing Improvement) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
18th February 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Preservation of Benefit) Amendment Regulations 1993.
2
These Regulations shall come into force on 1st September 1993.
3
In these Regulations “the principal Regulations ” means the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 .
Amendment of regulation 12 of the principal Regulations
2
Regulation 12 of the principal Regulations shall be amended as follows —
a
by substituting for paragraphs (3) and (4) the following paragraphs —
3
The condition set out in this paragraph is that an actuary certifies to the trustees or managers of the transferring scheme that —
a
the transfer credits to be acquired for each member under the receiving scheme are, broadly, no less favourable than the rights to be transferred; and
b
where it is the established custom for discretionary benefits or increases in benefits to be awarded under the transferring scheme, there is good cause to believe that the award of discretionary benefits or increases in benefits under the receiving scheme will (making allowance for any amount by which transfer credits under the receiving scheme are more favourable than the rights to be transferred) be, broadly no less favourable.
4
For the purposes of paragraph (3)(a), where long service benefit in the transferring scheme is related to a member’s earnings at, or in a specified period before, the time when he attains normal pension age then, in the case of a member in pensionable service at the date of transfer, the value of the rights to be transferred shall be based on pensionable service (including any transfer credits) in the transferring scheme up to that date and projected final pensionable earnings.
4A
For the purposes of paragraph (3)(b), the actuary shall, in considering whether there is good cause, have regard to all the circumstances of the case and in particular —
a
to any established custom of the receiving scheme with regard to the provision of discretionary benefits or increases in benefits; and
b
to any announcements made with regard to the provision of such benefits under the receiving scheme.
;
b
in paragraph (5) the word “and” where it appears following the definition of “actuary” and the definition of “the applicable rules” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
21st July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Greater London and Surrey (County and London Borough Boundaries) (No.2) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“the map” means one or more of the 2 maps prepared by the Department of the Environment, marked “Maps of the Greater London and Surrey (County and London Borough Boundaries) (No. 2) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Richmond” means the London borough of Richmond upon Thames;
“Surrey” means the county of Surrey, and “Spelthorne” means the district of that name in that county;
“Wandsworth” means the London borough of Wandsworth; and
“ward” means a ward of the district or London borough from or to which an area is transferred by this order.
Transfer from Surrey (Spelthorne) to Greater London (Richmond)
3
The area which is marked A on map 1 shall be transferred from Surrey, from Spelthorne, and from the Sunbury East ward to —
a
Greater London;
b
Richmond;
c
the Hampton ward; and to
d
the Richmond-upon-Thames petty sessional division, and the Western London coroner’s district.
Transfer within Greater London from Wandsworth to Richmond
4
The area which is marked A on map 2 shall be transferred from Wandsworth, and from the Roehampton ward to —
a
Richmond;
b
the East Sheen ward; and to
c
the Richmond-upon-Thames petty sessional division and the Western London coroner’s district.
Town and Country Planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
30th April 1993


text:
Title and commencement
1
These Regulations may be cited as the Extraction Solvents in Food Regulations 1993 and shall come into force on 29th July 1993.
Interpretation
2
1
In these Regulations, except where the context requires otherwise–
“ the Act ” means the Food Safety Act 1990;
“extraction procedure” means either–
the extraction from a food of any ingredient or other component part of that food, including any contaminant which is in or on that food, or
the extraction of food from any other article or substance;
“extraction solvent” means any solvent which is used or intended to be used in an extraction procedure and includes in any particular case, further to its use in such a procedure, any substance other than such a solvent but deriving exclusively from such a solvent;
“permitted extraction solvent” means–
any extraction solvent described in Column 1 (as read, where applicable, with the corresponding entry in Column 2) of Part I of Schedule 1 which satisfies the general purity criteria in relation to extraction solvents specified in the first Note to that Part of that Schedule and, so far as is not otherwise provided in relation to particular extraction solvents, any mixture of two or more such extraction solvents, and
any substance or material described in Column 1 of Part II of Schedule 1 when used (where applicable) in accordance with the conditions specified in Column 2 of that Part;
“residue” includes any residual substance other than an extraction solvent but deriving exclusively from an extraction solvent;
“solvent” means any substance which is capable of dissolving food, or any ingredient or other component part of food, including any contaminant which is in or on a food.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or a Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Exemption
3
The provisions of these Regulations shall not apply to any extraction solvent used in the production of any of–
a
food additives, or
b
vitamins, or
c
any other nutritional additive,
save where any such food additive, vitamin or other nutritional additive is specified anywhere in either Schedule 1 or 2.
Sale of food containing extraction solvents and of extraction solvents
4
1
Subject as hereinafter provided, no person shall sell, or import into Great Britain from outside the European Economic Community–
a
any food having in it or on it any added extraction solvent other than a permitted extraction solvent, or
b
any extraction solvent other than a permitted extraction solvent.
2
No person shall sell, or import into Great Britain from outside the European Economic Community, any food having in it or on it any added permitted extraction solvent specified in Column 1 of Part I or II of Schedule 1 unless–
a
it is a food having in it or on it any added permitted extraction solvent listed in items 1 to 8 (or, in the case of olive-pomace oil, any added permitted extraction solvent listed in items 1 to 6 and 8) in Column 1 of Part I of Schedule 1, and the use of such extraction solvent has resulted in the presence in or on that food only of residues of that extraction solvent in technically unavoidable quantities that present no danger to human health; or
b
it is a food having in it or on it either or both of the permitted extraction solvents listed in items 9 and 10 in Column 1 of Part I of Schedule 1, and the use of such extraction solvent or extraction solvents has resulted in the presence in or on that food of a residue of such extraction solvent (or a combined residue of such extraction solvents) of not more than 10 milligrams per kilogram of the food; or
c
it is a food having in it or on it any added permitted extraction solvent listed in Column 1 of Part II of Schedule 1; or
d
in respect of any food specified in Column 1 of Schedule 2 having in it or on it any added permitted extraction solvent listed in items 11 to 14 in Column 1 of Part I of Schedule 1, such extraction solvent–
i
is that (or, if applicable, those) specified in Column 2 of Schedule 2 in relation to that food, and
ii
has been used only for the purpose described in Column 3 of Schedule 2 in relation to that food, and
iii
has resulted in residues in or on that food (or, where so specified, in any food in which that food is an ingredient) of the added permitted extraction solvent specified in relation to it (or, as the case may be, to a food in which it is an ingredient) in an amount not exceeding that specified in Column 4 of Schedule 2, or
e
in respect of any food containing or consisting of flavourings prepared from natural flavouring materials prepared by using any added permitted extraction solvent listed in items 11 to 19 in Column 1 of Part I of Schedule 1, such use has resulted in the presence in such food of residues of such extraction solvent (or extraction solvents) in an amount not exceeding that specified in Column 2 of Schedule 3 in relation to each such specified extraction solvent,
subject (where appropriate) to the Notes to Part I of Schedule 1.
3
No person shall sell, or import into Great Britain from outside the European Economic Community, any permitted extraction solvent described in Column 1 of Part I of Schedule 1 unless the information concerning it that is specified in Part I of Schedule 4 is given in accordance with the provisions of Part II of Schedule 4.
Penalties and enforcment
5
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to paragraph (3) below, each food authority shall enforce within its area the provisions of these Regulations.
3
In this regulation “food authority” does not include–
a
the council of a district in a non-metropolitan county in England and Wales, and
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Defence in relation to exports
6
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food or, as the case may be, the extraction solvent in respect of which the offence is alleged to have been committed was intended for export outside the European Economic Community and complied with the importing country’s domestic legislation relevant to the alleged offence.
Application of various provisions of the Food Safety Act 1990
7
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations–
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offence due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
section 33 (obstruction etc. of officers);
g
section 36 (offences by bodies corporate);
h
section 44 (protection of officers acting in good faith).
Transitional provision
8
It shall not be an offence under these Regulations–
a
to sell, or import into Great Britain from outside the European Economic Community–
i
any food having in it or on it any added extraction solvent, or
ii
any extraction solvent, or
b
in respect of any permitted extraction solvent, to fail to give the required information specified in Schedule 4,
where the food or extraction solvent in question was put into the packaging in which it is to be sold or imported before 29th July 1993.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
28th June 1993.
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd June 1993
John Redwood
Secretary of State for Wales
23rd June 1993
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
25th June 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Dental Charges) Regulations 1989 .
Amendment of regulation 4 of the principal Regulations
2
In regulation 4 of the principal Regulations (calculation of charges) —
a
in paragraph (1), for “75%” there is substituted “80%”; and
b
in paragraph (5), for “£225” in both places where it occurs there is substituted “£250”.
Amendment of Schedule 1 to the principal Regulations
3
In Schedule 1 to the principal Regulations (calculation of charge for the supply of appliance on referral), in paragraph 2(b)(ii), for “75%” there is substituted “80%”.
Revocation
4
The National Health Service (Dental Charges) Amendment Regulations 1992 are hereby revoked.
Transitional provision
5
Where, on or after 1st April 1993, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, the provisions of regulation 4(1) and (5) of and of Schedule 1 to the principal Regulations shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
2nd March 1993


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Control of Pollution (Anglers' Lead Weights) (Amendment) Regulations 1993 and shall come into force on 10th February 1993.
2
These Regulations shall apply to Great Britain and Northern Ireland.
Revocation and amendment
2
Regulation 3 (prohibiting the importation of lead weights) of the Control of Pollution (Anglers' Lead Weights) Regulations 1986 is hereby revoked.
3
Regulation 5 (exceptions to regulations 3 and 4) of the Control of Pollution (Anglers' Lead Weights) Regulations 1986 shall be amended by substituting for the words “Regulations 3 and 4 do not prohibit the importation or” the words “Regulation 4 does not prohibit the”.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
13th January 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northampton General 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;
“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 Northampton General 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 Northampton General 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–
a
to own and manage hospital accommodation and services provided at Northampton General Hospital, Cliftonville, Northampton NN1 5BD and associated hospitals;
b
to manage community health services provided from Northampton General Hospital, Cliftonville, Northampton NN1 5BD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Northampton 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 Northampton 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 Northampton 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 A61 Trunk Road (Sheffield to Westwood Roundabout) (Detrunking) Order 1993 and shall come into force on 10th December 1993.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a princial 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;
ii
“the trunk road” means the A61 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
9th November 1993


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) (Amendment) Regulations 1993 and shall come into force on 30th September 1993.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Income Tax (Stock Lending) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) —
a
after the definition of “the principal section” there shall be inserted —
“section 57” means section 57 of the Finance Act 1991;
b
for the definition of “section 149B(9)” there shall be substituted —
“section 271(9)” means section 271(9) of the Taxation of Chargeable Gains Act 1992;
c
for the definition of subsections (1) to (3) of section 129 of the Income and Corporation Taxes Act 1988 there shall be substituted —
“subsection (1)”, “subsection (2)”, “subsection (2A)” and “subsection (3)”mean subsection (1), subsection (2), subsection (2A) and subsection (3) of the principal section as the case may be;
.
4
After regulation 3 there shall be inserted —
Commencement of section 57
3A
The date specified by these Regulations for the purpose of the applicationof section 57 to transfers made in pursuance of an arrangement mentioned inparagraph (a) of subsection (2A) is 30th September 1993.
5
For regulation 4 there shall be substituted —
Application of subsection (3) and section 271(9)
4
1
Neither subsection (3) nor section 271(9) shall apply to a transfer, or a disposal and acquisition, made in pursuance of an arrangement mentioned in subsection (1) or (2) unless —
a
in relation to an arrangement under which the securities to be transferred are gilt-edged securities, the conditions specified in regulation 5, or
b
in relation to an arrangement under which the securities to be transferred are other United Kingdom securities, the conditions specified in regulation 6, or
c
in relation to an arrangement under which United Kingdom equity securities are to be transferred to a member, the conditions specified in regulation 6A, or
d
in relation to an arrangement under which the securities to be transferred are overseas securities, the conditions specified in regulation 7,
are fulfilled.
2
Neither subsection (3) nor section 271(9) shall apply to a transfer, or a disposal and acquisition, made in pursuance of an arrangement mentioned in paragraph (a) of subsection (2A) unless the conditions specified in regulation 8 are fulfilled.
6
In regulation 5 —
a
for sub-paragraph (b) of paragraph (3) there shall be substituted —
b
that the person referred to as C in the principal section is an approved lender, and any person acting for C in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
;
b
in paragraph (4) —
i
immediately before the definition of “approved borrower” there shall be inserted —
“approved agent” means a person who, at the time when the arrangement is made, is approved as an agent by the Board for the purposes of this regulation;
;
ii
after the definition of “approved moneybroker” there shall be inserted —
“approved nominee” means a person who, at the time when the arrangement is made, is approved as a nominee by the Board for the purposes of this regulation;
.
7
In regulation 6 —
a
for sub-paragraph (b) of paragraph (3) there shall be substituted —
b
that the person referred to as C in the principal section is an approved lender, and any person acting for C in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
;
b
in paragraph (4) immediately before the definition of “approved borrower” there shall be inserted —
“approved agent” and “approved nominee” have the same meanings as in regulation 5;
.
8
In regulation 6A for sub-paragraph (b) of paragraph (2) there shall be substituted —
b
that the person referred to as C in the principal section is an approved lender, and any person acting for C in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
.
9
In regulation 6B after the definition of “the appropriate limit” there shall be inserted —
“approved agent” and “approved nominee” have the same meanings as in regulation 5;
.
10
In regulation 7 —
a
in paragraph (1) —
i
for sub-paragraph (b) there shall be substituted —
b
that the person referred to as B in the principal section is an approved lender, and any person acting for B in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
;
ii
sub-paragraph (d) shall be omitted;
b
in paragraph (2) —
i
for sub-paragraph (b) there shall be substituted —
b
that the person referred to as C in the principal section is an approved lender, and any person acting for C in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
;
ii
sub-paragraph (d) shall be omitted;
c
in paragraph (3) immediately before the definition of “approved borrower” there shall be inserted —
“approved agent” and “approved nominee” have the same meanings as in regulation 5;
.
11
After regulation 7 there shall be added —
Conditions relating to an arrangement mentioned in subsection (2A)
8
1
The conditions specified in this regulation in relation to an arrangement mentioned in paragraph (a) of subsection (2A) (in this regulation referred to as an “additional arrangement”) are —
a
that the securities to be transferred under any arrangement in the chain of arrangements referred to in subsection (2A) are overseas securities;
b
that the person referred to as A in the principal section is an approved borrower, and the persons referred to as B and C in the principal section are approved intermediaries;
c
that, subject to sub-paragraph (d), where there is more than one additional arrangement in a chain of arrangements, any person who, in addition to C, is a party to any such arrangement, is an approved intermediary;
d
that the initial lender in the chain is an approved lender, and any person acting for the initial lender in connection with an additional arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
e
that each arrangement in the chain is approved, or takes a form approved, by the Board.
2
In this regulation —
a
“approved borrower”, “approved intermediary” and “approved lender” have the same meanings as in regulation 7;
b
“approved agent” and “approved nominee” have the same meanings as in regulation 5.
Tim Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 1993


text:
Citation
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No. 7) Order 1993.
Provisions coming into force on 1st April 1993
2
The following provisions of the Local Government Finance Act 1992 shall come into force on 1st April 1993 —
a
paragraphs 1, 27, 28 and 94 of Schedule 13; and
b
so much of Schedule 14 as relates to the Local Government Finance and Valuation Act 1991 .
Pecuniary interests of local authority members
3
1
Article 3(1)(a) of the Local Government Finance Act 1992 (Commencement No. 6 and Transitional Provision) Order 1992 is amended by the deletion of the figures “32,”.
2
Paragraph 32 of Schedule 13 to the Local Government Finance Act 1992 shall come into force on 1st February 1993.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
29th January 1993


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Farm and Conservation Grant (Amendment) Regulations 1993 and shall come into force on 1st December 1993.
2
In these Regulations —
a
“the principal Regulations ” means the Farm and Conservation Grant Regulations 1991 ;
b
“the appropriate Minister” has the same meaning as in regulation 2(1) of the principal Regulations.
Savings
2
Regulation 5 below shall not apply to —
a
any improvement plan approved under the principal Regulations before 1st December 1993; or
b
any request for the variation of such a plan or any application for approval of an improvement plan received before that date by the appropriate Minister,
and that provision of these Regulations shall not affect the operation of the principal Regulations in relation to any such plan, request or application.
Amendment of the principal Regulations
3
The principal Regulations shall be further amended in accordance with regulations 4 and 5 below.
4
In regulation 12 (claims for grant and closing dates for incurring certain expenditure) —
a
in sub-paragraph (c) of paragraph (2), for the date “17th November 1993” there shall be substituted the date “17th November 1994”;
b
in sub-paragraph (c) of paragraph (3), for the date “16th November 1994” there shall be substituted the date “16th November 1995”.
5
In Schedule 1 (“ELIGIBLE AGRICULTURAL WORKS, FACILITIES AND TRANSACTIONS AND RATES OF GRANT”) —
a
in each of paragraphs 1(a) and (c)(i), 2, 3, and 4, in column 2, for the figure “40” there shall be substituted the figure “25”, and in column 3, for the figure “50” there shall be substituted the figure “30”;
b
in paragraph 1(b), in each of columns 2 and 3, for the figure “50” there shall be substituted the figure “25”;
c
in paragraph 1(c)(ii), in column 3, for the figure “50” there shall be substituted the figure “30”;
d
in paragraph 5, in column 2, for the figure “35” there shall be substituted the figure “20”, and in column 3, for the figure “35” there shall be substituted the figure “25”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
24th November 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd November 1993


text:
Citation, commencement and duration
1
1
The Order may be cited as the A1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993 and shall come into force on 23rd April 1993 immediately after the A1 Trunk Road (Islington) (Bus Lanes) Red Route Traffic Order 1993 comes into force.
General interpretation
2
In this Order:
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“enactment” includes any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” has the same meaning as in Part II of the Transport Act 1985 ;
“pedestrian crossing” means the area comprising a crossing for foot passengers marked on a road in accordance with regulations made under section 25 of the Road Traffic Regulation Act 1984 and all parts of the road indicated in accordance with such regulations as being within the limits of the crossing;
“Schedule” means the Schedule to this Order;
and the expressions “pedal cycle”, “school bus” and “works bus” have the same meaning as in the Traffic Signs Regulations 1981 .
Interpretation of references to a bus lane, a length of road and associated expressions
3
1
In this Order, “bus lane” means the area bounded by —
a
the relevant edge of the carriageway of a length of road specified in the Schedule; and
b
a traffic sign consisting of a longitudinal single white line on the same side of the road as that edge (such a white line being referred to in this Order, in relation to a bus lane, as “the single white line”);
and extending along the whole of that length of road.
2
Without prejudice to the generality of paragraph (1) above, where the single white line marking the boundary of a bus lane is broken by a gap opposite and adjacent to the junction of such a length of road with any other road or at a pedestrian crossing, the boundary shall nevertheless be regarded as continuing unbroken.
3
In this Order —
a
a reference to a length of road specified in the Schedule or a Part of the Schedule is a reference to a length of road described in a single paragraph of the Schedule or that Part of the Schedule;
b
a reference to the relevant edge of the carriageway, in relation to a length of road described in a paragraph of the Schedule, is a reference to the edge on the side of the road indicated by the Schedule;
c
a reference to an adjacent part of the road, in relation to a bus lane, is a reference to an area that is not within the bus lane but is within the carriageway of the length of road which comprises the bus lane.
Application
4
This Order applies to the lengths of road in the London Borough of Haringey specified in the Schedule.
Restriction on use of bus lanes
5
No person shall cause or permit any vehicle to enter or proceed in a bus lane comprised in a length of road specified in —
a
Part I of the Schedule at any time; or
b
Part II of the Schedule between 1600 hours and 1900 hours on Mondays to Fridays inclusive.
Exemptions relating to classes of vehicles and vehicles being used for certain purposes
6
1
Article 5 does not apply to —
a
a vehicle used in the provision of a London bus service;
b
a school bus or a works bus;
c
any other vehicle constructed or adapted to carry more than 11 passengers;
d
any other vehicle which is constructed or adapted for the carriage of disabled persons and those accompanying them and which is being used for the carriage of such persons;
e
a pedal cycle;
f
a licensed cab;
g
a vehicle being used for ambulance, fire brigade or police purposes if the observance of any provision of this Order would hinder the use of the vehicle for the purpose for which it is being used on that occasion;
h
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane.
2
Article 5 does not apply to a vehicle being used in connection with —
a
any building operation or demolition;
b
the removal of any obstruction to traffic;
c
the maintenance, improvement or reconstruction of any road;
d
the laying, erection, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 in or near any road; or
e
the placing, maintenance or removal of any traffic sign;
provided that in all the circumstances it is necessary for the vehicle to enter a bus lane.
Exemptions relating to crossing and turning traffic
7
A person who causes or permits a vehicle to enter a bus lane shall not contravene article 5 if —
a
the vehicle enters a bus lane from a road which does not comprise the bus lane and then forthwith leaves the bus lane through the gap in the single white line situated opposite and adjacent to the junction of that road with a bus lane, or if there is no such gap, at a point opposite that road;
b
the vehicle enters the bus lane from an adjacent part of the road through any gap in the single white line and then forthwith enters a road which lies opposite that gap;
c
in a case where there is no gap in the single white line opposite and adjacent to the junction between the bus lane and a road which does not comprise the bus lane (“the other road”), the vehicle enters the bus lane from an adjacent part of the road which comprises the bus lane and then forthwith enters the other road.
d
the vehicle enters the bus lane from any vehicular accessway or crossing over the footway adjoining the bus lane and then forthwith leaves the bus lane at a point opposite that vehicular accessway or crossing; or
e
the vehicle enters the bus lane from an adjacent part of the road at a point opposite any vehicular accessway or crossing over the footway adjoining a bus lane and forthwith enters that vehicular accessway or crossing.
Exemptions in other circumstances
8
1
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so for the sole purpose of enabling a person suffering from any disability or injury (including blindness) which seriously impairs his ability to walk to, board or alight from that vehicle and the vehicle —
a
does not remain at rest for more than 2 minutes, and
b
in any event, does not remain in the bus lane for longer than necessary for that purpose.
2
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so —
a
in order to prevent an accident and the vehicle then leaves the bus lane as soon as practicable;
b
in order to deliver postal packets addressed to premises adjacent to the bus lane; or
c
in order to collect postal packets from such premises or post office letter boxes adjacent to the bus lane.
3
Article 5 of this Order does not apply to anything done —
a
with the permission or at the direction of a constable in uniform or a traffic warden, or
b
in accordance with any indication given by a traffic sign which has been placed pursuant to section 66 or 67 of the Road Traffic Regulation Act 1984.
Savings relating to other enactments
9
The prohibition imposed by this Order is in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment.
Amendments and revocation
10
1
In the Haringey and Islington (Bus Lane) (No.1) Traffic Order 1984 , inarticle 2A, after “1993” there shall be inserted the words “or in the Schedule to theA1 Trunk Road (Haringey) (Bus Lanes) Red Route Traffic Order 1993”.
2
The A1 Trunk Road (Haringey) (Bus Lanes) Red Route Experimental Traffic Order 1992 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Simon C. Whiteley
Assistant Secretary London Regional Directorate of the
Department of Transport
25th March 1993


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1993 and shall come into force on 22nd March 1993.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 28 of the Northern Ireland (Emergency Provisions) Act 1991 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1993.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
16th March 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1993 and shall come into force —
a
for the purposes of this regulation and regulation 15 in so far as it relates to paragraph 4 of the Schedule on 29th March 1993;
b
for the purposes of regulation 15 in so far as it relates to paragraph 5 of the Schedule on 1st April 1993;
c
for all other purposes —
i
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1993;
ii
in any other case, on 5th April 1993.
2
In these Regulations “the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the 1987 Regulations
2
In regulation 2(1) of the 1987 Regulations (interpretation) —
a
after the definition of “close relative” there shall be inserted the following definition —
“community charge benefit” means community charge benefits under Part VII of the Contributions and Benefits Act as originally enacted ;
;
b
after the definition of “concessionary payment” there shall be inserted the following definition —
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
;
c
for the definition of “water charges” there shall be substituted the following definition —
“water charges” means —
as respects England and Wales, any water and sewerage charges under Chapter I of Part V of the Water Industry Act 1991 ,
as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992 ,
in so far as such charges are in respect of the dwelling which a person occupies as his home;
Amendment of regulation 5 of the 1987 Regulations
3
1
Regulation 5 of the 1987 Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (5) —
a
in sub-paragraph (a) —
i
there shall be inserted at the beginning the words “for a period not exceeding 52 weeks in the case”;
ii
for the words “and it is reasonable” there shall be substituted the words —
and —
i
it is reasonable
;
iii
for the words “the home; or” there shall be substituted the words —
the home, and
ii
he intends to return to occupy the former dwelling as his home; or
;
b
in sub-paragraph (d) for the word “unavoidable.” there shall be substituted the words “unavoidable; or”;
c
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
in the case where a person —
i
is treated by virtue of paragraph (6) as occupying a dwelling as his home (“the new dwelling”) and sub-paragraph (c)(i) of that paragraph applies, and
ii
he has occupied another dwelling as his home on any day within the period of 4 weeks immediately preceding the date he moved to the new dwelling,
for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.
.
3
In paragraph (7) after the words “housing benefit” on both occasions on which they occur there shall be added the words “in respect of that dwelling”.
4
After paragraph (7) there shall be inserted the following paragraph —
7A
Where a person —
a
formerly occupied a dwelling but has left and remains absent from it through fear of violence —
i
in the dwelling, or
ii
by a person who was formerly a member of the family of the person first mentioned, and
b
has a liability to make payments in respect of that dwelling which is unavoidable,
he shall be treated as occupying the dwelling as his home for a period not exceeding 4 benefit weeks.
.
Amendment of regulation 10 of the 1987 Regulations
4
In regulation 10(3) of the 1987 Regulations (rent) at the end of sub-paragraph (b) there shall be added the following —
and
c
where he is liable to make payments in respect of any service charges to which paragraph (1)(e) does not apply, but to which paragraph 2(1A) of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 2(1A) of Schedule 1.
.
Amendment of regulation 12A of the 1987 Regulations
5
In regulation 12A(8) of the 1987 Regulations (requirement to refer to rent officers) in the definition of “change relating to a rent allowance” for the words “(c) or (d)” there shall be substituted the words “(c), (d) or (e) or (4)”.
Amendment of regulation 30 of the 1987 Regulations
6
In regulation 30 of the 1987 Regulations (earnings of self-employed earners) —
a
for the word “Earnings” there shall be substituted the words —
1
Subject to paragraph (2), “earnings”
;
b
after paragraph (1) there shall be added the following paragraph —
2
“Earnings” shall not include any payment to which paragraph 24 ofSchedule 4 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation) .
.
Amendment of regulation 35 of the 1987 Regulations
7
1
Regulation 35 of the 1987 Regulations (notional income) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3)(a) for the words “ordinary clothing or footwear, household fuel or eligible rent,” there shall be substituted the words “household fuel or, subject to paragraph (8), rent or ordinary clothing or footwear,”.
3
For paragraph (8) there shall be substituted the following paragraph —
8
In paragraph (3) —
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions) ;
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
Amendment of regulation 36 of the 1987 Regulations
8
In regulation 36(2) of the 1987 Regulations (modifications in respect of child and young person) after the words “any income of that child or young person” there shall be inserted the words “, other than income consisting of any payment of maintenance whether under a court order or not,”.
Amendment of regulation 43 of the 1987 Regulations
9
1
Regulation 43 of the 1987 Regulations (notional capital) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3)(a) for the words “ordinary clothing or footwear, household fuel or eligible rent,” there shall be substituted the words “household fuel or, subject to paragraph (7), rent or ordinary clothing or footwear,”.
3
For paragraph (7) there shall be substituted the following paragraph —
7
In paragraph (3) —
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions) ;
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
Amendment of regulation 63 of the 1987 Regulations
10
In regulation 63 of the 1987 Regulations (non-dependant deductions) in paragraph (3) for the words from “where a different amount” to the end of the paragraph there shall be substituted the words —
where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.
.
Amendment of Schedule 1 to the 1987 Regulations
11
1
In paragraph 2 of Schedule 1 to the 1987 Regulations (amount of ineligible charges) —
a
in sub-paragraph (1A) for the words “any service charge to which regulation 10(1)(e) (rent) applies and” there shall be substituted the words “any ineligible service charge”;
b
after sub-paragraph (1A) there shall be inserted the following sub-paragraph —
1B
In sub-paragraph (1A) the expression “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 10(1)(e) (rent).
.
Amendment of Schedule 1A to the 1987 Regulations
12
In paragraph 2 of Schedule 1A to the 1987 Regulations (excluded tenancies) —
a
in sub-paragraph (1) for the words “(2) and (3)” there shall be substituted the words “(2) to (5)”;
b
after sub-paragraph (3) there shall be added the following sub-paragraphs —
4
Except where the appropriate local authority has previously applied to a rent officer pursuant to this sub-paragraph in respect of the tenancy, sub-paragraph (1) shall not apply where —
a
subsequent to the making of the determination mentioned in that sub-paragraph there has been a rent increase in respect of the tenancy during the period beginning on 1st April 1993 and ending on 31st March 1994; and
b
at the date of that increase the claimant was not liable to pay council tax by virtue of regulations made under section 8 of the Local Government Finance Act 1992 (liability to council tax in prescribed cases) ; and
c
the rent increase does not come within head (c) of sub-paragraph (3).
5
In sub-paragraph (1) “determination” does not include a determination made as a result of an application to a rent officer pursuant to sub-paragraph (4).
.
Amendment of Schedule 3 to the 1987 Regulations
13
1
Schedule 3 to the 1987 Regulations (sums to be disregarded in the calculation of earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 3(4)(c) after the words “sub-paragraph (2)” there shall be inserted the words “or (3)”.
3
After paragraph 4 there shall be inserted the following paragraphs —
4A
1
In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant, and subject to sub-paragraph (2), where the claimant’s applicable amount includes an amount by way of the carer premium under Schedule 2 (applicable amounts), £15 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of invalid care allowance or treated in accordance with paragraph 14ZA(2) of that Schedule as being in receipt of invalid care allowance.
2
Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £15 of the aggregated amount.
4B
Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £15, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment —
a
specified in paragraph 6(1), so much of the other member’s earnings as would not when aggregated with the amount disregarded under paragraph 4A exceed £15;
b
other than one specified in paragraph 6(1), so much of the other member’s earnings from such other employment up to £10 as would not when aggregated with the amount disregarded under paragraph 4A exceed £15.
.
4
In paragraph 5 for the words “paragraph 3 does not apply” there shall be substituted the words “paragraphs 3, 4A and 4B do not apply”.
5
In paragraph 6 for the words “to which neither paragraph 3 nor 4 applies” there shall be substituted the words “where paragraphs 3, 4, 4A and 4B do not apply”.
6
In paragraph 9 for the words “17, 18 or 27” there shall be substituted the words “17 or 18”.
Amendment of Schedule 4 to the 1987 Regulations
14
1
Schedule 4 to the 1987 Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 13 —
a
in sub-paragraph (2) for the words “ordinary clothing or footwear, household fuel or eligible rent” there shall be substituted the words “household fuel or, subject to paragraph (5), rent or ordinary clothing or footwear,”;
b
for sub-paragraph (5) there shall be substituted the following sub-paragraph —
5
In sub-paragraph (2) —
a
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 63 (non-dependant deductions) ;
b
the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
3
In paragraph 15 —
a
in sub-paragraph (2) for the words from “only to the extent of” to the end of the sub-paragraph there shall be substituted the words —
only to the extent of —
a
any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or
b
any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.
;
b
after sub-paragraph (2) there shall be added the following sub-paragraph —
3
The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) of this paragraph with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.
.
4
Paragraph 27 (disregard of maintenance payments made by claimant) shall be omitted.
5
After paragraph 49 there shall be added the following paragraphs —
50
Any guardian’s allowance.
51
Any council tax benefit.
.
Amendments consequential on the introduction of council tax benefit
15
The Schedule to these Regulations, which contains amendments to the 1987 Regulations consequential on the abolition of community charges, the introduction of council tax and the introduction of council tax benefit in succession to community charge benefits, shall have effect.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
22nd February 1993