text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charge Benefits (General) Amendment Regulations 1991 and shall come into force as follows —
a
for the purposes of regulations 1, 3 and 5 on 13th March 1991;
b
for all other purposes on 1st April 1991.
2
In these Regulations “the principal Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Amendment to regulation 19 of the principal Regulations
2
In regulation 19(2) of the principal Regulations (sums to be disregarded in calculating the net earnings of employed earners) for the words “paragraphs 1 to 11” there shall be substituted the words “paragraphs 1 to 12”.
Amendment of regulation 23 of the principal Regulations
3
In regulation 23(3A) of the principal Regulations (calculation of income other than earnings) after the words “Education (Student Loans) Act 1990” there shall be inserted the words “or Article 3 of the Education (Student Loans) (Northern Ireland) Order 1990”
Amendment of regulation 33A of the principal Regulations
4
1
Regulation 33A of the principal Regulations (diminishing notional capital rule) shall be amended in accordance with the following paragraphs.
2
In paragraph (3) —
a
in sub-paragraph (a) for the words “refers, and” there shall be substituted the word “refers;”;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where the claimant has also claimed housing benefit, the amount of any housing benefit or any additional amount of that benefit to which he would have been entitled in respect of the whole or part of the benefit week to which paragraph (2) refers but for the application of regulation 43(1) of the Housing Benefit (General) Regulations 1987 (notional capital) ;
;
c
after sub-paragraph (b) there shall be added the following sub-paragraphs —
c
where the claimant has also claimed family credit, the amount of family credit or any additional amount of that benefit to which he would have been entitled in respect of the whole or part of the benefit week to which paragraph (2) refers but for the application of regulation 34(1) of the Family Credit (General) Regulations 1987 (notional capital) ;
d
where the claimant has also claimed income support, the amount of income support to which he would have been entitled in respect of the whole or part of the benefit week to which paragraph (2) refers but for the application of regulation 51(1) of the Income Support (General) Regulations 1987 (notional capital) .
.
3
Paragraph (4) shall be amended in accordance with the following sub-paragraphs —
a
for the words “the amount shall be equal” there shall be substituted the words “the amount of the reduction shall be equal”;
b
in sub-paragraph (a) for the words “if the relevant week is a part-week” there shall be substituted the words “if the amount is in respect of a part-week”;
c
in sub-paragraph (b) the words “, within the meaning of regulation 2(1) of those Regulations (interpretation),” and the words “(if any)” shall be omitted;
d
after sub-paragraph (b) there shall be added the following sub-paragraphs —
c
if the claimant would, but for regulation 34(1) of the Family Credit (General) Regulations 1987, have been entitled to family credit or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 34A(8)(a) of those Regulations (diminishing notional capital rule) , which includes the last day of the relevant week, the amount which is equal to —
i
in a case where no family credit is payable, the amount to, which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of family credit to which he would have been entitled; and
d
if the claimant would, but for regulation 51(1) of the Income Support (General) Regulations 1987, have been entitled to income support in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.
.
4
In paragraph (8) —
a
sub-paragraph (a) shall be amended by inserting the words “in paragraph (4)(a)” after the word “part-week”;
b
after sub-paragraph (a) there shall he inserted the following sub-paragraph —
aa
“part-week” in paragraph (4)(d) means —
i
a period of less than a week which is the whole period for which income support is payable; and
ii
any other period of less than a week for which it is payable;
.
Amendment of regulation 42A of the principal Regulations
5
In regulation 42A of the principal Regulations (treatment of students loans) after the words “Education (Student Loans) Act 1990” there shall be inserted the words “or Article 3 of the Education (Student Loans) (Northern Ireland) Order 1990”.
Amendment of regulation 60 of the principal Regulations
6
In regulation 60 of the principal Regulations (time and manner in which claims are to be made) —
a
in paragraph (6), after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
in a case where a claimant or his partner is a person on, income support and he or his partner changes his residence from the area of one appropriate authority to that of another, where the claim to the new authority is received at the designated office within 4 weeks of the date of the change, the date on which the change takes place;
;
b
in paragraph (17)(a) for the words “regulation 55(a)” there shall be substituted the words “regulation 55(a) and (b)”.
Substitution of regulation 76 of the principal Regulations
7
For regulation 76 of the principal Regulations (time and manner of granting community charge benefit in respect of personal community charges) there shall be substituted the following regulation —
Time and manner of granting community charge benefit in respect of personal community charges in Scotland
76
1
Subject to regulations 80, 81 and 82 (withholding of benefit, payments on death and offsetting) and paragraphs (2) to (4), where a person is entitled to community charge benefit in respect of his liability for a personal community charge in pursuance of the 1987 Act, as it has effect for the relevant or any subsequent financial year, the appropriate authority shall discharge his entitlement to that benefit by reducing, so far as possible, the amount of the personal community charge for which he is liable or, where this is not possible, shall pay to him the amount of the benefit to which he is entitled, within 14 days of the receipt of the claim at the designated office or, if that is not practicable, as soon as possible thereafter.
2
Subject to paragraph (3), where the amount of community charge benefit to which a person is entitled exceeds his liability for any personal community charge, the appropriate authority may, so far as possible, reduce the next and any subsequent payments which he is liable to make in respect of any personal community charge of the authority as it has effect for the relevant or any subsequent year by the amount of the benefit in respect of which his entitlement remains undischarged, until that entitlement is fully discharged.
3
Where the amount of any personal community charge for which a person remains liable in respect of a relevant chargeable financial year is insufficient to enable his entitlement to community charge benefit to be discharged in that year in accordance with paragraph (2), upon the final payment of that charge becoming due the outstanding balance of any benefit remaining owing to that person shall he paid to him by the appropriate authority if the person concerned so requires.
4
Where a person is no longer liable to an authority for personal community charges and he has paid the charge or charges in respect of which he is entitled to community charge benefit, the authority shall pay the outstanding benefit to him within 14 days of it being determined that benefit is due or, if that is not practicable, as soon as possible thereafter.
5
The appropriate authority, in any case to which this regulation applies, shall notify the person to whom community charge benefit is due of the amount of that benefit and the amount of any reduction made in his liability for a personal community charge or in the liability of any partner of his.
.
Insertion of regulation 76A in the principal Regulations
8
After regulation 76 of the principal Regulations the following regulation shall be inserted —
Time and manner of granting community charge benefit in respect of personal community charges in England and Wales
76A
1
Subject to regulations 80, 81 and 82 (withholding of benefit, payments on death and offsetting), where a person is entitled to community charge benefit in respect of his liability for a charging authority’s personal community charge, in pursuance of the 1988 Act, as it has effect in respect of the relevant or any subsequent chargeable financial year, the appropriate authority shall discharge his entitlement by reducing, so far as possible, the amount of that liability as provided in regulation 16(3) of the Community Charges (Administration and Enforcement) Regulations 1989 (demand notices personal community charges) (the Administration Regulations) or, so far as such reductions are not possible, by making payments to him of the benefit to which he is entitled.
2
The appropriate authority, in any case to which paragraph (1) applies, shall notify the person entitled to community charge benefit of the amount of that benefit and how his entitlement is to be discharged in pursuance of paragraph (1).
3
When payments fall to he made in pursuance of paragraph (1) to a person —
a
if the amount of the personal community charge for which he remains liable in respect of the relevant chargeable financial year, after any reduction to which paragraph (1) refers has been made, is insufficient to enable his entitlement to community charge benefit in respect thereof to he discharged in that year, upon the final instalment of that charge becoming due any outstanding benefit —
i
shall he paid to that person if he so requires; or
ii
in any other case shall (as the appropriate authority determines) either be repaid or credited against any subsequent liability of the person to make a payment in respect of the authority’s personal community charge as it has effect for any subsequent year;
b
if a person has ceased to be subject to an appropriate authority’s personal community charge and has discharged the liability for that charge, the outstanding balance (if any) of the community charge benefit in respect thereof shall be paid within 14 days or, if that is not practicable, as soon as practicable thereafter;
c
in any other case, the community charge benefit shall be paid within 14 days of the receipt of the claim at the designated office or, if that is not practicable, as soon as practicable thereafter.
4
For the purposes of this regulation “instalments” means instalments of an appropriate authority’s personal community charge to which regulation 17 of the Administration Regulations refers (personal community charges payments).
.
Amendment of regulation 84 of the principal Regulations
9
ln regulation 84(2) of the principal Regulations (excess benefits not recoverable where due to official error) for the words “at that time,” there shall be substituted the words “at the time the benefits were allowed or upon the receipt of any notice relating to the allowance of those benefits,”.
Amendment of Schedule 4 to the principal Regulations
10
In paragraph 15 of Schedule 4 to the principal Regulations (capital to be disregarded) for the words “paragraph 9” there shall be substituted the words “paragraph 11”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
13th February 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insurance Companies Regulations 1981 (Amendment) Regulations 1991 and shall come into force on 2nd October 1991.
2
In these Regulations, “the principal regulations” means the Insurance Companies Regulations 1981 .
Amendment of Schedule 13 to the principal regulations
2
The following shall be substituted for sub-paragraph (a) of paragraph 1A of Schedule 13 to the principal regulations–
a
Securities of a company in which dealings on the exchange are allowed by an exchange which is a recognised investment exchange within the meaning of the Financial Services Act 1986 or which are dealt in on a regulated market in another member State which operates regularly and is recognised and open to the public.
John Redwood
Minister of State,
Department of Trade and Industry
3rd September 1991


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Refunds for Bad Debts) Regulations 1991 and shall come into force on 1st April 1991.
Interpretation
2
In these Regulations —
“claim” means a claim in accordance with regulations 3 and 4 of these Regulations for the refund of tax to which a person is entitled by virtue of section 11 of the Finance Act 1990;
“claimant” means the person who makes a claim;
“payment” means any payment or part-payment which is made by any person to the claiment by way of consideration for a supply regardless of whether such payment extinguishes the purchaser’s debt to the claimant or not;
“purchaser” means a person to whom the claimant made a relevant supply;
“refunds for bad debts account” has the meaning given in regulation 5;
“relevant supply” means any taxable supply upon which a claim is based;
“return” means the return which the claimant is required to make in accordance with regulation 58 of the Value Added Tax (General) Regulations 1985 ; and
“security” means —
in relation to England, Wales and Northern Ireland, any mortgage, charge, lien or other security, and
in relation to Scotland, any security (whether heritable or moveable), any floating charge and any right of lien or preference and right of retention (other than a right of compensation or set-off).
The making of a claim to the Commissioners
3
1
Save as the Commissioners may otherwise allow or direct, the claimant shall make a claim to the Commissioners by including the correct amount of the refund in the box opposite the legend“ VAT reclaimed in this period on purchases and other imputs” on his return.
2
If at any time the claimant becomes entitled to a refund he is no longer required to make returns to the Commissioners ha shall make a claim to the Commissioners in such form and manner as they may direct.
Evidence required of the claimant in support of the claim
4
Save as the Commissioners may otherwise allow, the claimant, before he makes a claim, shall hold in respect of each relevant supply —
a
i
a copy of any tax invoice which was provided in accordance with Part III of the Value Added Tax (general) Regulations 1985; or
ii
where there was no obligation to provide a tax invoice, a document which shows the time, nature and purchaser thereof, and the consideration therefor,
b
records or any other documents showing that he has accounted for and paid the tax thereon, and
c
records or any other documents showing that the consideration has been written off in his accounts as a bad debt.
Records required to be kept by the claimant
5
1
Any person who makes a claim to the Commissioneers shall keep a roecord of that claim.
2
Save as the Commissioners may otherwise allow, the record referred to in paragraph (1) above shall consist of the following information in respect of each claim made —
a
in respect of each relevant supply for that claim —
i
the amount of tax chargeable;
ii
th prescribed accounting period in which the tax chargeable was accounted for and paid to the Commissioners;
iii
the date and number of any invoice issued in relation thereto or, where there is no such invoice, such information as is necessary to identify the time, nature and purchaser thereof; and
iv
any payment received therefor,
b
the outstanding amount to which the claim relates,
c
the amount of the claim, and
d
the prescribed accounting period in which the claim was made.
3
Any records created in pursuance of this regulation shall be kept in a single account to be known as the “refunds for bad debts account”.
Preservation of documents and records and duty to produce
6
1
Save as the Commissioners may otherwise allow, the claimant shall preserve the documents, invoices and records which he holds in accordance with regulations 4 and 5 for a period of four years from the date of the making of the claim.
2
Upon demand made by an authorised person the claimant shall produce or cause to be produced any such documents, invoices and records for inspection by the authorised person and permit him to remove them at a reasonable time and for a reasonable period.
Attribution of payments
7
1
Where —
a
th claimant made more than one supply (whether taxable or otherwise) to the purchaser, and
b
a payment is received in relation to those supplies,
the payments shall be attributed to each supply in accordance with the rules set out in paragraphs (2) and (3) below.
2
The payment shall be attributed to the supply which is the earliest in time and, if not wholly attributed to that supply, thereafter to supplies in the order of the dates on which they were made, except that attribution under this paragraph shall not be made to any supply if the payment was allocated to that supply by the purchaser at the time of payment and the consideration for that supply was paid in full.
3
Where —
a
the earliest supply and other supplies to which the whole of the payment could be attributed under this regulation occur on one day, or
b
the supplies to which the balance of the payment could be attributed under this regulation occur on one day,
the payment shall be attributed to those supplies by multiplying, for each such supply, the payment received by a fraction of which the numerator is the outstanding consideration for those supplies.
Repayment of a refund
8
1
Where a claimant —
a
has received a refund upon a claim, and
b
i
a payment for the relevant supply is subsequently received; or
ii
a payment is, by virtue of regulation 7, treated as attributed to the relevant supply,
he shall repay to the Commissioners such an amount as equals the amount of the refund, or the balance therof, multiplied by a fraction of which the numerator is the amount so received or attributed, and the denominator is the amount of the outstanding consideration.
2
The claimant shall repay to the Commissioners the amount referred to in paragraph (1) above by including that amount in the box opposite the legend “VAT due in this period on sales and other outputs” on his return for the prescribed accounting period in which the payment is received.
3
Save as the Commissioners may otherwise allow, where the claimant fails to comply with the requirements of regulation 4, 5, 6 or 7 he shall repay to the Commissioners the amount of the refund obtained by the claim to which the failure to comply relates; and he shall repay the amount by including that amount in the box opposite the legend “VAT due in this period on sales and other outputs” on his return for a prescribed accounting period which the Commissioners shall designate for that purpose.
4
If at the time the claimant is required to repay any amount he is no longer requiredto make returns to the Commissioners he shall repay such amount to the Commissioners at such time and in such form and manner as they may direct.
Writing off debts
9
1
This regulation shall apply for the purpose of ascertaining whether, and to what extent, the consideration is to be taken to have been written off as a bad debt.
2
The whole or any part of the consideration for a supply shall be taken to have been written off as a bad debt when an entry is made in relation to that supply in the refunds for bad debts account in accordance with regulation 5; and this shall have effect regardless of whether a claim can be made in relation to that supply at that time.
3
Where the claimant owes an amount of money to the purchaser which can be set-off, the consideration written off in the accounts shall be reduced by the amount so owed.
4
Where the claimant hols in relation to the purchaser an enforceable security, the consideration written off in the accounts of the claimant shall be reduced by the value of that security.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
28th February 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Windsor Television Limited) (Iver Heath and Laleham) Order 1991 and shall come into force on 9th September 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
7th August 1991


text:
Citation and commencement
1
These Regulations may be cited as the British Shipbuilders Regulations 1991 and shall come into force on 31st July 1991.
Constitution and proceedings of British Shipbuilders
2
Section 1(2)(b) of the Aircraft and Shipbuilding Industries Act 1977 shall have effect with the substitution of the figure “2” for the figure “7”.
3
In Regulations 5(1) and 8 of the British Shipbuilders Regulations 1977 the words “or six, whichever is the greater number” shall cease to have effect.
E. Leigh
Parliamentary Under Secretary of State,
Department of Trade and Industry
8th July 1991


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”, and
b
along the routes described in schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”,
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 any of the new trunk roads 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. That date will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The Secretary of State is authorised to construct the bridge specified in schedule 3 to this Order as part of the main new trunk road.
5
In this Order:–
i
“the deposited plan” means the plan numbered HA10/EM39 marked “The (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass and Slip Roads) Order 1991”, 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 main new trunk road and the slip roads and “a new trunk road” means one of those highways; and
iii
“the trunk road” means the (A46) Bath–Lincoln Trunk Road.
6
This Order shall come into force on 27th November 1991 and may be cited as the (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region,
Department of Transport
22nd October 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the United Kingdom Transplant Support Service Authority Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the United Kingdom Transplant Support Service Authority established by the United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991
“donor” means a person who provides or offers to provide any of his organs with a view to the organ being transplanted into another person, and includes a dead person from whom an organ is retrieved;
“member” in relation to the Authority does not include its chairman;
“ NHS trust” means an NHS trust established in pursuance of section 5(1) of the National Health Service and Community Care Act 1990;
“non-officer member” and “office member” mean respectively a member who is not, or who is, an officer of the Authority;
“organ” means any part of a human body or any product derived from the human body;
“recipient” means a person who undergoes or is to undergo a surgical operation for the implantation of one or more organs removed from a living or dead person;
“transplant centre” means a hospital or other institution, or department of it, which undertakes surgical operations for the transplantation of human organs.
Functions of the Authority
2
1
Subject to paragraphs (3) and (4) of this regulation and in accordance with such directions as the Secretary of State may give under the Act, the Authority shall exercise on his behalf the Secretary of State’s functions under the provisions of the Act specified in column 1 of the Schedule to these Regulations (the subject matter of the relevant function being indicated in column 2 of that Schedule) so far as they relate to assisting in, and facilitating or promoting, the provision of a service for the transplantation of organs.
2
Without prejudice to the generality of paragraph (1) of this regulation, the functions mentioned in that paragraph include the functions of —
a
acquiring, recording, updating, keeping and making available information about donors and recipients and organs which are or may be available for transportation and other related matters;
b
identifying persons who are potentially suitable recipients for organs, and notifying transplant centres of the availability or potential availability of organs;
c
giving advice about, or making arrangements for, the transport of organs for transplantation;
d
generally facilitating the standardisation of practices in respect of storage, transport and transplantation of organs;
e
providing an organ matching and tissue-typing service;
f
supplying standardised reagents and sera to transplant centres and laboratories;
g
providing education and training for persons involved or to be involved with the transplantation of organs, including identifying the need for such education or training.
3
The powers of the Secretary of State under section 2 of the Act shall be exercisable by the Authority only to such extent as may be necessary for the proper exercise of one or more other functions which the Secretary of State has directed the Authority to exercise on his behalf.
4
Nothing in these Regulations is to be taken as giving directions for the exercise of any functions conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations.
5
In exercising the functions of the Secretary of State under section 25 of the Act, such charges shall be made with respect to the supplies of human blood as are determined by the Secretary of State.
Appointment of members
3
1
The Chairman and non-officer members of the Authority shall be appointed by the Secretary of State.
2
The officer member of the Authority other than the chief officer shall be appointed by the Authority.
Tenure of office of members
4
Subject to the following provisions of these Regulations and to any provisions of Regulations applied by these Regulations —
a
the term of office of the Chairman or a member other than the chief officer of the Authority shall be for such period not exceeding three years as the Secretary of State or, as the case may be, the Authority shall specify on the making of the appointment;
b
the person who is a member by virtue of being the chief officer of the Authority shall hold office for as long as he remains chief officer of the Authority.
Eligibility of chairman and members for re-appointment
5
Subject to the following provisions of these Regulations, the chairman and member of the Authority shall on the expiration of his term of office be eligible for re-appointment.
Casual vacancies
6
Where, for any reason, a person other than the chief officer of the Authority ceases to be the chairman or a member before the expiration of the period for which he was appointed, the tenure of office of any person appointed as chairman or member in his place shall be for the remainder of that period.
Termination of tenure of office
7
1
The chairman or a member other than the chief officer of the Authority may resign his office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State, or, if he was appointed by the Authority, to the Authority.
2
Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the chairman or a non-officer member should continue to hold that office, he may forthwith terminate the tenure of office of such a person.
Application of regulations relating to membership and procedure
8
The provisions of regulation 8 (termination and suspension of tenure of office of officer members), regulation 10 (application of regulations 11 to 14), regulation 11(2), (4), (5) and (6) (termination of tenure of office), regulation 13(1)(a), (b), (c), and (e), (2) and (3) (disqualification for appointment), regulation 14 (cessation of disqualification), regulation 17 (appointment of committees and sub-committees), regulation 18 (arrangements for the exercise of functions), regulation 19 (meetings and proceedings), and regulation 20 (disability on account of pecuniary interest) of, and Schedule 2 (rules as to meetings and proceedings) to, the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 shall apply as if —
a
any reference therein to an authority included a reference to the Authority;
b
any reference therein to the appointing authority were, in relation to the chairman or a non-officer member, a reference to the Secretary of State and, in relation to an appointed officer member, were a reference to the Authority;
c
for the reference in regulation 13(1)(c) to paragraph 3 of regulation 11 there were substituted a reference to regulation 7(2) of these Regulations; and
d
the words from “(including” to “is not)” in paragraph 6 of Schedule 2 to those Regulations were omitted.
Reports by the Authority
9
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct and shall furnish to the Secretary of State such information as he may from time to time require in connection with the functions of the Authority.
Amendment of the Human Organ Transplants (Supply of Information) Regulations 1989
10
1
The Human Organ Transplants (Supply of Information) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (information to be supplied about transplant operations): —
a
in paragraphs (1) and (2) for the words “South Western Regional Health Authority” there shall be substituted the words “the United Kingdom Transplant Support Service Authority”; and
b
in paragraph 2(1)(a)(ii) after the words “special health authority” there shall be inserted the words “of NHS trust established under section 5 of the National Health Service and Community Care Act 1990”; and after the words “to that authority” there shall be inserted the words “or trust”.
William Waldegrave
Secretary of State for Health
4th March 1991


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) Order 1991 and shall come into force on 14th January 1991.
Interpretation
2
In this Order —
“ the Act ” means the Food and Environment Protection Act 1985 ;
“consent” means a consent given under section 2(1) of the Act (consent to the doing of things prohibited by an emergency order under section I of the Act);
“designated area” means an area designated for the purposes of Part I of the Act by virtue of —
article 3 of the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) Order 1991
article 3 of the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 ;
article 3 of the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991 ; or
article 3 of the Food Protection (Emergency Prohibitions) Order (Northern Ireland) 1991 .
Prohibition of export of sheep
3
1
No person shall export from Great Britain to a member State any sheep to which this Order applies.
2
Subject to paragraphs (3) and (4) below, this Order applies to any sheep which —
a
was moved from a designated area in accordance with a consent which was subject to the condition that the sheep to which it applied should be marked with a paint mark; or
b
was moved from such an area in contravention of a prohibition imposed by an order made under section 1(1) of the Act (which empowers the making of emergency orders) which applied to that sheep at the time it was moved.
3
This Order applies to a sheep only for so long as the area from which it has been moved remains a designated area.
4
Paragraph (2)(a) above shall not apply —
a
in the case of any sheep which has been examined and marked with an ear-tag by a person authorised in that behalf by the appropriate Minister or the Department of Agriculture for Northern Ireland;
b
in the case of any sheep which has been marked with a blue paint mark in accordance with a consent, on or after 1st April of the year following the year in which it was so marked;
c
in the case of any sheep which has been marked with an apricot paint mark in accordance with a consent, on or after 1st August of the year in which it was so marked; or
d
in the case of any sheep which has been marked with a green paint mark in accordance with a consent, on or after 1st December of the year in which it was so marked.
Enforcement
4
This Order shall be executed and enforced by local authorities.
Revocation
5
The Export of Sheep (Prohibition) ( No. 2) Order 1987 and the Export of Sheep (Prohibition) (No. 2) Amendment No. 3 Order 1990 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th January 1991.
Grant Meekings
Assistant Secretary, Ministry of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Public Telecommunication System Designation (Unitel Limited) Order 1991 and shall come into force on 21st August 1991.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
17th July 1991


text:
1
The Lancashire County Council (New Shard Bridge) Scheme 1988 is hereby confirmed without modification.
2
The said scheme as confirmed (hereinafter known as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; The North West Network Management Division, Department of Transport, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE; and the Lancashire County Council at Christ Church Precinct, County Hall, Preston.
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 Lancashire County Council (New Shard Bridge) Scheme 1988 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region,
Department of Transport
3rd December 1991


text:
Citation, extent, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (amendment) Regulations 1991 and shall come into force on 1st January 1992.
2
In these Regulations, “the principal Regulations ” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) in the definition of “the Gassy Mines Directive” there shall be inserted at the end “, and as amended by Commission Directive No. 91/269/ EEC ( OJ No. L134, 29.5.91, p. 51)”.
3
After regulation 11 of the principal Regulations there shall be inserted the following new Regulation: —
Transitional provisions
12
1
On or after the coming into force of the amending regulations, a manufacturer of electrical equipment to which the Gassy Mines Directive applies may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the principal regulations in respect of the electrical equipment for which the application is made) for issue of a certificate of conformity before 1st January 1993 attesting that the equipment which is the subject of the application conforms to the harmonised standards prescribed in the principal regulations ; and in that case the provisions of the principal regulations, as appropriate, shall apply as if the application had been made under regulation 4 of the principal regulations.
2
A certificate of conformity (issued by virtue of the principal regulations before the amending regulations came into force or before 1st January 1993 by virtue of paragraph (1)) attesting that electrical equiment to which the Gassy Mines Directive applies conforms to the Harmonised standards prescribed in the principal regulations shall remain in force until 31st December 2009.
3
In this regulation —
a
“the amending regulations” means the Electrical Equipment for Explosive Atmospheres (Certification) (amendment) Regulations 1991 ( S.I. 1991 No. 2570 );
b
“the principal regulations” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 as in force immediately before the amending regulations came into force.
.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
11th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Devon Ambulance Service National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Devon Ambulance Service 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 Devon Ambulance Service 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 manage ambulance and associated transport services;
b
to manage such other services (including communications and training) relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services, from Ambulance Headquarters, Barrack Road, Exeter, EX2 5AN and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 3 non-executive directors and 3 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
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 Exeter 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 Exeter Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Exeter Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991 Revocation Order 1991 and shall come into force at 1800 hours on 9th August 1991.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991 is hereby revoked to the extent that it is still in force .
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
9th August 1991


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Haddock (Specified Sea Areas) (Prohibition of Fishing) Order 1991 and shall come into force on 10th December 1991.
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;
“sea area” means a statistical sub-area or 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 haddock (Melanogrammus aeglefinus)–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1992.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES IIa (Norwegian Sea) which lies outside British fishery limits.
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.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th December 1991.
J. Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
4th December 1991
David Hunt
Secretary of State for Wales
5th December 1991
Jeremy Hanley
Parliamentary Under Secretary of State, Northern Ireland Office
5th December 1991


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 3) Order 1991.
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the Planning and Compensation Act 1991.
Provisions coming into force on 13th October 1991
2
The following provisions of the 1991 Act shall come into force on 13th October 1991 —
a
section 6(6) (which extends to England and Wales only);
b
section 61 (which extends to Scotland only) so far as it relates to paragraph 45 of Schedule 13.
Provisions coming into force on 25th October 1991
3
1
The following provisions of the 1991 Act (which extend to England and Wales only) shall come into force on 25th October 1991 —
a
section 12(1), so far as it substitutes a new section 106 of the 1990 Act;
b
section 12(2) and (3);
c
section 32, so far as it relates to paragraphs 6, 9(2)(h), and 53(9) of Schedule 7.
2
Section 83 (which extends throughout the United Kingdom) shall come into force on 25th October 1991.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
2nd October 1991
David Hunt
Secretary of State for Wales
2nd October 1991
Ian Lang
Secretary of State for Scotland
3rd October 1991
Peter Brooke
Secretary of State for Northern Ireland
9th October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Standing Civilian Courts (Areas) (Amendment) Order 1991 and shall come into force on 1st January 1992.
2
In this Order “the principal Order ” means the Standing Civilian Courts (Areas) Order 1977 .
Amendment of principal Order
2
In the Schedule to the principal Order, in Area 2, the word “Berlin” shall be deleted and there shall be substituted the words “The Republic of Cyprus and the Sovereign Base Areas of Akrotiri and Dhekhelia”.
Tom King
Secretary of State for Defence Approved
9th December 1991
Approved
Mackay of Clashfern
10th December 1991


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with the new side road at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”);
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of themain new trunk road and the slip roads are indicated by heavy black lines on the deposited plan.
3
The length of the trunk road described in Schedule 3 to this Order and shown by broad striped hatching 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 Gwynedd that the new trunk roads are open for through traffic.
4
In this Order: —
All measurements of distances are measured along the route of the relevant highway;
“the deposited plan” means the plan numbered HA10/2 WO84 marked “The Chester-Bangor Trunk Road (A55) (Aber Improvement and Slip Roads) Order 1991”, signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the main new trunk road” and “the slip roads” have the meanings given in article 1 of this Order;
“the new trunk roads” means the highways mentioned in article 1 of this Order;
“the trunk road” means the existing Chester-Bangor Trunk Road (A55);
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of any enactments or instruments which refer to highways classified 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;
“the new side road” means the side road proposed to be constructed at Aber, between the trunk road and the main new trunk road, in accordance with the provisions of the Chester-Bangor Trunk Road (A55) (Aber Improvement Side Roads) Order 1991.
5
This Order shall come into force on 28th November 1991 and may be cited as the Chester-Bangor Trunk Road (A55) (Aber Improvement and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Wales
P R Marsden
A Grade 6 Officer, Welsh Office
8th November 1991


text:
Citation and Commencement
1
This Order may be cited as the Norfolk Ambulance National Health Service Trust (Establishment) Amendment Order 1991 and shall come into force on 1st July 1991.
Amendment of Establishment Order
2
For article 3(2) of the Norfolk Ambulance National Health Service Trust (Establishment) Order 1990 there shall be substituted the following paragraph —
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 manage ambulance and patients' transport services and associated services;
b
to manage such other services (including training and communications services) relating to the provision of health services as can conveniently be carried on in conjunction with the management of ambulance and patients' transport services.
from the Ambulance Headquarters, Hospital Lane, Hellesdon, Norwich NR6 5NA and to own those and any associated premises.
.
William Waldegrave
Secretary of State for Health
6th June 1991


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1991 shall apply to Great Britain and shall come into force on 23rd August 1991.
Amendment of the Plant Health (Great Britain) Order 1987
2
1
The Plant Health (Great Britain) Order 1987 shall be amended in accordance with the provisions of this article.
2
In Schedule 1 Part 1A after Item 25 there shall be inserted the following Item —
26
Bemisia tabaci (Gennadius) — Tobacco Whitefly or Sweet Potato Whitefly
.
3
In Schedule 3 Part VI Item 75A shall be omitted.
4
In Schedule 3 Part VIIB in Item 82 column 3 after the words “originating in the Netherlands” there shall be inserted the words “or a third country”.
5
For Schedule 5 there shall be substituted the Schedule set out in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th July 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
26th July 1991
David Hunt
Secretary of State for Wales
25th July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Contracting-Out (Protection of Pensions) Regulations 1991.
2
These Regulations come into force on 28th February 1991.
3
In the following provisions of these Regulations, a reference to a numbered section is a reference to the section bearing that number in the Social Security Pensions Act 1975.
Hybrid benefits
2
1
This regulation applies where a scheme provides for the rate of a pension for the earner, or the cariner’s widow or widower, to be the greater of —
a
a rate that is calculated by reference to the earner’s earnings, and
b
a rate that is not calculated by reference to the earner’s earnings.
2
For the purposes of sections 41A (earners' pensions) and 41B (widows' pensions), “the relevant sum” means an amount equal to the rate that is calculated by reference to the earner’s earnings, whether or not the rate of the pension is calculated by reference to those earnings. Sections 41A(3) and 41B(3) are modified accordingly.
Retirement benefits varied at pensionable age
3
1
This regulation applies where a scheme provides that the pension payable to an earner at normal pension age is to be reduced when, or after, the earner attains pensionable age.
2
Where this regulation applies —
a
section 41A(1) is so modified as to allow the pension to be reduced, and
b
section 41A(3) is so modified as to allow the relevant sum to be recalculated, when the pension is reduced, without regard to the amount by which the pension is reduced.
Pensions for widows and widowers varied after commencement
4
1
This regulation applies where a scheme provides that an increased pension will be payable to the earner’s widow or widower for a period ending not later than the later of —
a
the date 6 months after the date of the earner’s death, and
b
if the earner dies after starting to receive a pension under the scheme, the date 10 years after the date on which the earner’s pension became payable.
2
For the purposes of section 41B, the relevant sum is to be calculated as if the weekly rate at which the pension commences to be paid to the widow or widower did not include the increase referred to in paragraph (1). Section 41B(3) is modified accordingly.
The relevant sum for widows and widowers
5
1
This regulation prescribes the assumptions for the purpose of calculating “the relevant sum” defined in section 41B(3).
2
For the purposes of section 41B, “the relevant sum” means an amount equal to the weekly rate at which a pension would have commenced to he paid to the widow or widower, on the assumptions that —
a
the earner had died on the day after the termination of employment date being then married to the widow or widower, and
b
the weekly rate of the pension was then calculated using the formula appropriate to the circumstances of the earner’s actual death but excluding, where the earner dies in employment to which the scheme applies, any notional service after the termination of employment date.
Benefits other than short service benefit
6
1
This regulation applies where the earner reaches normal pension age after the termination of employment date and, on the termination of employment date, no short service benefit has accrued to the earner.
2
For the purposes of section 41C (supplementary provisions), any provision contained in a scheme that would be a protected provision in relation to short service benefit is to be treated as a protected provision in relation to any other benefit to which section 41A(3)(b) applies. Section 41C is modified accordingly.
Transfers agreed but not implemented before 1st January 1985
7
1
This regulation applies where, before 1st January 1985, there was an enforceable agreement for the transfer of accrued rights to, or the liability for the payment of, benefits from one scheme to another. This regulation applies whether or not the enforceable agreement was subject to further agreements about the rates of benefits to be provided by the receiving scheme.
2
For the purposes of sections 41A(6) and 41B(5), the transfer pursuant to the enforceable agreement is to be treated as made before the commencement of those sections. Sections 41A(6) and 41B(5) are modified accordingly.
The later earnings addition
8
1
This regulation applies where part of the pension for the earner, or the earner’s widow or widower, accrues after the earner reaches normal pension age by reason of the earner’s employment after that date.
2
Sections 41A(2B) and 41B(3B) are so modified as to require the earner’s later earnings level to be calculated as if the earner’s termination of employment date had fallen on the earlier of —
a
the earner’s commencement of payment date, or
b
the date on which the pension ceased to accrue under the scheme.
Applications to the Occupational Pensions Board
9
1
This regulation applies for the purposes of section 41E (which deals with applications to the Occupational Pensions Board for advice on any questions concerning the protection of pensions provisions).
2
In section 41E, “employer”, “member” and “prospective member” mean the same as in regulations 2 and 3 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 .
3
In addition to the persons referred to in paragraphs (a) to (d) of section 41E(2), the widow or widower of any member of the scheme is competent to make an application under that section in respect of the scheme.
Revocations
10
The Regulations specified in Column 1 of the Schedule to these Regulations are revoked to the extent specified in Column 2.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st February 1991.


text:
Citation and commencement
1
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 1991.
2
This Order shall come into force on 5th March 1991.
Amendment of the Air Navigation (Overseas Territories) Order 1989
2
The Air Navigation (Overseas Territories) Order 1989 shall be amended as follows:
1
In article 3(1) for the proviso at (i)(b) there shall be substituted the following proviso —
b
is not for the purpose of public transport or aerial work other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;
.
2
In article 4(13) the words “if he is” in the fifth line thereof shall be deleted and the words “within two months of being” shall be inserted.
3
In article 7 at the end of proviso (a) to paragraph (1) there shall be added —
other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members;
.
4
In article 18 —
a
for paragraph (3)(b)(iv) there shall be substituted the following sub-paragraph —
iv
two or more turbine propeller engines and certificated to carry fewer than ten passengers and not provided with a means of pressurising the personnel compartments, unless it is equipped with an auto-pilot which has been approved by the Governor for the purposes of this Article and which is serviceable on take-off; or
;
b
for paragraph 3(b)(v) there shall be substituted the following sub-paragraph —
v
two or more piston engines, unless it is equipped with an auto-pilot which has been approved by the Governor for the purposes of this Article and which is serviceable on take-off;
.
5
In article 19(8) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
the flight is for the purpose of public transport or aerial work, other than aerial work which consists of the giving of instruction in flying or the conducting of flying tests in a glider owned or operated by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.
.
6
In article 20 —
a
for the first sentence of paragraph (1)(d) there shall be substituted the following sentence —
Subject to paragraph (2) of this Article and to the provisions of Article 62 of this Order, a licence shall remain in force for the period indicated in the licence, not exceeding the period specified in respect of a licence of that class in the said Schedule, and may be renewed by the Governor from time to time upon his being satisfied that the applicant is a fit person and qualified as aforesaid.
;
b
after paragraph (1) there shall be added a new paragraph, to be referred to as paragraph (1A), as follows:
1A
a
The Governor shall not on or after 5th March 1991 grant a Senior Commercial Pilot’s Licence (Aeroplanes) to any person who was not on 4th March 1991 the holder of such a licence.
b
A Senior Commercial Pilot’s Licence (Aeroplanes) shall remain in force until either:
i
the end of the period indicated in the licence, such period not exceeding 10 years; or
ii
30th November 1995; whichever is the earlier.
.
7
In article 28 at the end of paragraph (6) there shall be added —
unless carried in accordance with the terms of a written permission granted by the Governor which permission may be granted subject to such conditions as the Governor thinks fit.
.
8
In article 34 —
a
in paragraph (2)(a) the words “and life jackets” shall be deleted and the words and punctuation “, life jackets and the floor path lighting system” shall be substituted;
b
in paragraph (2)(e)(ii) after the words “such baggage is” there shall be inserted the word “either”;
c
at the end of paragraph 2(e)(ii) there shall be added —
of stowing baggage or carried in accordance with the terms of a written permission granted by the Governor which permission may be granted subject to such conditions as the Governor thinks fit.
.
9
In article 37 —
a
in paragraph (3) after the words “cockpit voice recorder” there shall be inserted the words “or a flight data recorder or a combined cockpit voice recorder/flight data recorder”;
b
after paragraph (3) there shall be added the following three new paragraphs —
4
The operator of the helicopter shall at all times, subject to Article 61 of this Order, preserve: —
a
the last 8 hours of recording made by any flight data recorder specified at sub-paragraph (i) or (ii) of Scale SS of paragraph 5 of Schedule 4 to this Order and required by or under this Order to be carried in the helicopter;
b
in the case of a combined cockpit voice recorder/flight data recorder specified at sub-paragraph (iii) of the said Scale SS and required by or under this Order to be carried in a helicopter either: —
i
the last 8 hours of recording, or
ii
the last 5 hours of recording or the duration of the last flight, whichever is the greater, together with an additional period of recording for either: —
aa
the period immediately preceding the recording required to be retained pursuant to sub-paragraph (b)(ii) above, or
bb
such period or periods as the Governor may permit in any particular case or class of cases or generally.
5
The additional recording retained pursuant to sub-paragraphs (b)(ii)(aa) and (bb) of paragraph (4) above shall, together with the recording required to be retained pursuant to sub-paragraph (b)(ii) thereof, total a period of 8 hours and shall be retained in accordance with arrangements approved by the Governor.
6
An approval granted by the Governor for the purposes of this article shall be in writing and may be subject to such conditions as the Governor thinks fit.
.
10
In article 99 —
a
in paragraph (1) after the definition of “parascending parachute” there shall be added the following definition —
“Passenger” means a person other than a member of the crew;
;
b
in paragraph (7) after sub-paragraph (a)(iii) the following additional proviso shall be added —
Provided also that a glider shall not be deemed to fly for the purpose of public transport for the purposes of part 111 of this Order by virtue of sub-paragraph (a)(iii) of this paragraph if the hire or reward given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.
.
11
In article 101 the figure “5” in paragraph (c) shall be deleted and the figure “7” shall be substituted;
12
After article 101 there shall be added the following new Article —
102
In relation to any of his functions pursuant to any of the provisions of this Order the Governor may, either absolutely or subject to such conditions as he thinks fit, approve a person as qualified to furnish reports to him and may accept such reports.
.
13
In Schedule 4 —
a
in paragraph 4:
i
in Table (8) the figure “3” in paragraph (c) under the column headed "Description of Aircraft" shall be deleted and the figure “2” shall be inserted;
ii
in Table (8) after paragraph (c) under the column headed “Description of Aircraft” there shall be added the following three new paragraphs —
d
having a maximum total weight authorised exceeding 5,700 kg. and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including an aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or
e
which are a turbo-jet and which have a maximum total weight authorised exceeding 22,700 kg ; or
f
first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st January 1958 and which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 passengers.
;
iii
in Table (8) after paragraph (c) under the column headed “Circumstances of Flight” there shall be added opposite each of paragraphs (d), (e) and (f) the following —
“when flying for the purpose of the public transport of passengers”;
iv
in Table (8) after paragraph (c) in the column headed “Scale of Equipment Required” there shall be added opposite each of paragraphs (d), (e) and (f) the following —
“Z (iii)”;
b
in Table (10):
i
in paragraph (c) under the column headed “Circumstances of Flight” after the words “lst January 1991” there shall be added the words “until 31st July 1992”;
ii
after paragraph (c) in the column headed “Description of Aircraft” there shall be added the following new paragraph —
d
in respect of which there is in force a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and helicopters and gyroplanes in respect of which application has been made and not withdrawn or refused for such a certificate of airworthiness and which fly under the “A” conditions or which have a certificate of airworthiness in the Special Category and
i
which have a maximum weight authorised exceeding 2,730 kg. but not exceeding 7,000 kg. or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 passengers or both
ii
which have a maximum total weight authorised exceeding 7,000 kg.
;
iii
in paragraph (d) in the column headed “Circumstances of Flight” opposite each of sub-paragraphs (i) and (ii) there shall be added the following —
“when flying on any flight on or after 31st July 1992”;
iv
in paragraph (d) in the column headed “Scale of Equipment Required” opposite sub-paragraph (i) there shall be added the following —
“SS(i) or (iii)”;
v
in paragraph (d) in the column headed “Scale of Equipment Required” opposite sub-paragraph (ii) there shall be added the following —
“SS(ii) or (iii)”;
c
in paragraph 5 after Scale S there shall be added the following new Scale —
SCALE SS
i
A 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the following matters accurately in respect of the helicopter or gyroplane:
a
flight path;
b
speed;
c
attitude;
d
engine power;
e
main rotor speed;
f
outside air temperature;
g
position of pilot’s primary flight controls;
h
use of VHF transmitters;
j
use of automatic flight controls (if any);
k
use of stability augmentation system (if any);
l
cockpit warnings relating to the master warning system; and
m
selection of hydraulic system and cockpit warnings of failure of essential hydraulic systems.
ii
A 4 channel cockpit voice recorder capable of recording and retaining the data recorded during at least the last 30 minutes of its operation and a flight data recorder capable of recording and retaining the data recorded during at least the last 8 hours of its operation being the data required to determine by reference to a time scale the information specfied in paragraph (i) of this Scale together with the following matters accurately in respect of the helicopter or gyroplane:
n
landing gear configuration;
p
indicated sling load force if an indicator is provided in the helicopter or gyroplane of such a nature as to enable this information to be recorded with reasonable practicability;
q
radio altitude;
r
instrument landing system deviations;
s
marker beacon passage;
t
ground speed/drift angle or latitude/longitude if the navigational equipment provided in the helicopter or gyroplane is of such a nature as to enable this information to be recorded with reasonable practicability; and
u
main gear box oil temperature and pressure.
iii
a
A combined cockpit voice recorder/flight data recorder which meets the following requirements —
aa
in respect of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (i) of this Scale the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;
bb
in the case of a helicopter or gyroplane which is otherwise required to carry a flight data recorder specified at paragraph (ii) of this Scale, the flight data recorder shall be capable of recording the data specified therein and retaining it for the duration therein specified;
cc
the cockpit voice recorder shall be capable of recording and retaining at least the last hour of cockpit voice recording information on not less that three separate channels.
b
In any case when a combined cockpit voice recorder/flight data recorder specified at paragraph (iii)(a) of this Scale is required to be carried by or under this Order, the flight data recorder shall be capable of retaining as protected data the data recorded during at least the last 5 hours of its operation or the maximum duration of the flight, whichever is the greater. lt shall also be capable of retaining additional data as unprotected data for a period which together with the period for which protected data is required to be retained amounts to a total of 8 hours:
Provided that the flight data recorder need not be capable of retaining the said additional data if additional data is retained which relates to the period immediately preceding the period to which the required protected data relates or for such other period or periods as the Governor may permit pursuant to Article 37 of this Order and the additional data is retained in accordance with arrangements approved by the Governor.
With the exception of flight data which it is expressly stated above may be unprotected, the cockpit voice recorder, flight data recorder or combined cockpit voice recorder and flight data recorder, as the case may be, shall be so constructed and installed that the record (herein referred to as “protected data”) would be likely to be preserved in the event of an accident and each cockpit voice recorder, flight data recorder or combined cockpit voice recorder/ flight data recorder required to be carried on the helicopter or gyroplane shall have attached an automatically activated underwater sonar location device or an emergency locator radio transmitter as appropriate:
Provided that a helicopter or gyroplane shall not be required to carry the said equipment if, before take-off, the equipment is found to be unserviceable and the aircraft flies in accordance with arrangements approved by the Governor.
;
d
in paragraph 5 after paragraph (ii) of Scale Z there shall be added the following new paragraph —
iii
An emergency floor path lighting system in the passenger compartments sufficient to facilitate the evacuation of the aircraft notwithstanding the failure of the lighting systems specified in paragraph (ii) of Scale G. Provided that if the equipment becomes unserviceable the aircraft may fly or continue to fly in accordance with arrangements approved by the Governor.
.
14
In Schedule 8 —
a
for paragraph (4) of the Privileges of Basic Commercial Pilot’s Licence (Aeroplanes) there shall be substituted the following paragraph —
4
a
In the case of a person who is the holder of such a licence on 4th March 1991 then for so long as that licence or a renewal thereof is valid but not after 30th November 1995 he shall be entitled to fly as co-pilot of any aeroplane of a type specified in the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever, provided that he shall not be entitled to fly as co-pilot of an aeroplane which is engaged on a flight for the purpose of public transport unless he has more than 400 hours of flying experience as pilot in command of aeroplanes other than self-launching motor gliders and microlight aircraft and the maximum total weight authorised of the aeroplane does not exceed 5,700 kg.
b
On and after 1st December 1995 and in the case of a person who is the holder of such a licence granted on or after 5th March 1991 (not being a renewal of such a licence held on 4th March 1991) forthwith upon the grant of the licence, he shall be entitled to fly as co-pilot of any aeroplane of a type specified in the aircraft rating included in the licence when the aeroplane is engaged on a flight for any purpose whatsoever, provided that he shall not be entitled to fly as co-pilot of an aeroplane which is engaged on a flight for the purpose of public transport unless he has more that 400 hours of flying experience as pilot in command of aeroplanes other than self-launching motor gliders and microlight aircraft and the aeroplane is certificated for single pilot operation.
;
b
for sub-paragraph (d) of paragraph (2) the Privileges of Commercial Pilot’s Licence (Aeroplanes) there shall be substituted in the following sub-paragraph —
d
i
in the case of a person who is the holder of such a licence on 4th March 1991 then for so long as that licence or a renewal thereof is valid but not after 30th November 1995 he shall not fly such an aeroplane on a flight for the purpose of public transport if its maximum total weight authorised exceeds 5,700 kg;
ii
on and after 1st December 1995, and in the case of a person who is the holder of such a licence granted on or after 5th March 1991 (not being a renewal of such a licence held on 4th March 1991) forthwith upon the grant of the licence, he shall not fly such an aeroplane on a flight for the purpose of public transport unless it is certified for single pilot operation;
;
c
under the heading Senior Commercial Pilot’s Licence (Aeroplanes) —
i
after the words “Maximum Period of Validity — 10 years” there shall be inserted the words “or until 30th November 1995 (whichever is the earlier)”;
ii
for the sentence concerning Privileges there shall be substituted the following sentence — “The holder of the licence shall be entitled to exercise the privileges of a Commercial Pilot’s Licence (Aeroplanes) except that proviso (d) to paragraph (2) of those privileges shall not apply and he shall not act as pilot in command of an aeroplane on a flight for the purpose of public transport if its maximum total weight exceeds 20,000 kg.”;
d
for sub-paragraph (b) of paragraph (2) of the Privileges of Commercial Pilot’s Licence (Helicopters and Gyroplanes) there shall be substituted the following —
b
i
in the case of a person who is the holder of such a licence on 4th March 1991, then for so long as that licence or a renewal thereof is valid but not after 30th November 1995, he shall not fly such a helicopter or gyroplane on a flight for the purpose of public transport if its maximum total weight authorised exceeds 5,700 kg.;
ii
on and after 1st December 1995, and in the case of a person who is the holder of such a licence granted on or after 5th March 1991 (not being a renewal of such a licence held on 4th March 1991) forthwith upon the grant of the licence, he shall not fly such a helicopter or gyroplane on a flight for the purpose of public transport unless it is certificated for single pilot operation;
.
15
In Schedule 9 after paragraph 2(6) there shall be added the following new sub-paragraph —
7
Area Radar Control (Aerodrome) Rating shall entitle the holder of the licence, at any aerodrome for which the rating is valid, to provide air traffic control service with the aid of any type of surveillance radar equipment for which the rating is valid.
.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Promotion of Economic Development) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
Amendment of Regulations
2
The Local Government (Promotion of Economic Development) Regulations 1990 shall be amended in accordance with the following provisions of these Regulations.
Excluded activities
3
1
For paragraph (1) of regulation 5 there shall be substituted the following paragraph —
1
There are specified for the purposes of section 34(1) of the Act —
a
subject to paragraph (2) below, in relation to every relevant authority, the steps listed in paragraph 1 of Schedule 2 to these Regulations; and
b
in relation to every relevant authority other than the Common Council of the City of London (in its capacity as a local authority), the step mentioned in paragraph 2(1) of that Schedule.
.
2
In paragraph (2) of regulation 5 for the words “Nothing in paragraph (1) or Schedule 2” there shall be substituted the words “Nothing in paragraph (1)(a) above or paragraph I of Schedule 2”.
4
In Schedule 2 —
a
before the words “For the purposes”, there shall be inserted the numeral “1.”;
b
after the words “regulation 5(1)” there shall be inserted “(a)”; and
c
at the end there shall be inserted the following paragraph —
2
1
For the purpose of regulation 5(1)(b), the step is the disposal of land otherwise than by way of a short tenancy —
a
for a consideration less than the best that can reasonably be obtained; or
b
where the disposal is pursuant to a consent given by the Secretary of State under section 123 (disposal of land by principal councils) of the Local Government Act 1972 (“the 1972 Act ”), otherwise than in accordance with that consent.
2
In sub-paragraph (1), “short tenancy” has the same meaning as it has for the purposes of section 123 of the 1972 Act.
.
Consultation with other authorities
5
For paragraph (2) of regulation 8 there shall be substituted the following paragraph —
2
The step mentioned in this paragraph is the provision, after 1st April 1991, by a relevant authority which is not a local education authority within the meaning of the Education Act 1944, to a person who is not a member, officer or other employee of that relevant authority, of training or education services otherwise than after consultation with the local education authority for the area in which the are to be provided.
.
Michael Heseltine
Secretary of State for the Environment
5th March 1991
David Hunt
Secretary of State for Wales
6th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Licence Duty Regulation 1991 and shall come into force on 1st September 1991.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Betting and Gaming Duties Act 1981;
“ Collector ” means the Collector of Customs and Excise, Liverpool;
“duty” means the duty charged by section 14 of the Act;
“licence” means a gaming licence within the meaning of Part II of the Act;
“qualified accountant” means a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 .
2
In these Regulations any reference to a form prescribed in the Schedule hereto shall include a reference to a form to the like effect which has been approved by the Commissioners.
Revocation and savings
3
1
Subject to paragraph (2) below, the Gaming Licence Duty Regulations 1980 shall be revoked as from 1st October 1991.
2
The revoked Regulations, insofar as they relate to records, accounts, returns and payments of duty shall continue to apply to licences for periods ending before 1st October 1991.
Applications for licences
4
An applicant for a licence for a period commencing on or after 1st October 1991 shall apply therefor to the Commissioners through the Collector, in the form numbered in the Schedule hereto.
5
A licence for a period commencing on or after 1st October 1991 shall be in the form numbered 2 in the Schedule hereto.
Returns and payments in anticipation of duty
6
1
The holder of any licence for a period commencing on or after 1st October 1991 which contains the relevant quarter or any part thereof shall, by not later than the relevant day, furnish to the Collector a return in the appropriate form, giving, in respect of the premises specified in the licence, full particulars of all the matters mentioned in the form. He shall at the same time pay the amount in anticipation of the duty chargeable appearing by the return to be due, which amount shall be calculated as if it were duty chargeable at the rates specified in the following Table on the gross gaming yield from the premises in the relevant quarter.
Table
Part of gross gaming yield Rate
The first £225,000 2½ per cent. The next £1,125,000 12½ per cent. The next £1,350,000 25 per cent. The remainder 33⅓ per cent.
2
For the purposes of this regulation —
“the relevant quarter” means —
in relation to a licence for the whole or part of any period between 1st October in any year and 31st March of the following year, the quarter from 1st October to 31st December in the first year, and
in relation to a licence for the whole or part of any period between 1st April in any year and 30th September in that year, the quarter from 1st April to 30th June in that year (all dates inclusive);
“the relevant day” means —
in relation to a licence for the whole or part of any period between 1st October in any year and 31st March of the following year, the last day of January next following the commencement of the licence, and
in relation to a licence for the whole or part of any period between 1st April in any year and 30th September in that year, the last day of July next following the commencement of the licence;
“a return in the appropriate form” means a return in the form numbered 3 in the Schedule thereto.
3
Each of the parts of gross gaming yield which in accordance with the Table in this regulation are treated as if they were a rate other than the highest shall, in the case of a licence to which paragraph 2 of Schedule 2 to the Act applies (licences of short duration), be reduced by at part by the number of days for which the licence was in force in the relevant quarter and dividing by 91, and if the result is not a whole number of pounds, rounding it up to the next pound.
Returns and payments of duty
7
1
The holder of any licence for a period commencing on or after 1st October 1991 shall, by not later than the relevant day, furnish to the Collector a return in the appropriate form, giving, in respect of the premises specified in thelicence, full particulars of all the matters mentioned in the form. He shall at the same time pay the amount of duty appearing by the return to be due by reference to the gross gaming yield from the premises for the period to which the return relates.
2
For the purposes of this regulation —
“the relevant day” means —
in relation to a licence for the whole or part of any period between 1st October in any year and 31st March of the following year, the last day of April next following the exp*iration of the licence, and
in relation to a licence for the whole or part of any period between 1st April in any year and 30th September in that year, the last day of October next following the expiration of the licence;
“a return in the appropriate form” means a return in the form numbered 4 in the Schedule thereto.
3
Each of the parts of gross gaming yield which in accordance with the Table in section 14(1)(b) of the Act is chargeable at a rate other than the highest shall, in the case of a licence to which paragraph 2 of Schedule 2 to the Act applies (licences of short duration), be reduced by multlplylng that part by the number of days for which the licence was in force and dividing by 182, and if the result is not a whole number of pounds, rounding it up to the next pound.
General financial return and certificate by a qualified accountant
8
1
The holder of any licence for a period commencing on or after 1st October 1991 shall, by not later than 31st August in each year, furnish to the Collector a general financial return containing a certificate by a qualified accountant that the amount of gross gaming yield declared on any relevant return for a period within the period of 12 months ending on 3 1 st March in that year is true and correct to the best of his knowledge and belief.
2
The general financial return shall be in the form numbered 5 in the Schedule hereto and shall contain full particulars of all matters mentioned in the form.
3
The qualified accountant shall not be a provider or an employee or a director of a provider of the premises to which any relevant return relates.
4
In this regulation “any relevant return” means any return furnished in pursuance of regulation 7 above.
Display of the licence
9
Save as the Commissioners may otherwise allow, the holder of a licence shall display it in a conspicuous position on the premises to which it relates and shall, if so requested by the proper officer, produce it without delay for that officer’s inspection.
Records
10
Save as the Commissioners may otherwise allow, the holder of a licence shall retain for not less than six years at the premises to which the licence relates, every account, record or other document used or to be used by him for the purpose of furnishing the particulars required by the forms numbered 3, 4 and 5 in the Schedule hereto; and shall, if so requested by the proper officer, produce any such account, record or other document without delay for that officer’s inspection, and shall permit the officer to take a copy or extract thereof.
P.R.H. Allen
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
1st August 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No.4) Regulations 1991, and shall come into force on 14th August 1991.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of Schedule 1 to the principal Regulations
2
1
Schedule 1 to the principal Regulations (which, with extensions and modifications, are provisions of the Income Tax (Employments) Regulations 1973 as they apply to earnings-related contributions under the Social Security Act 1975) shall be amended in accordance with the following provisions of this regulation.
2
In Regulation 2(1) in that Schedule (interpretation) after the definition of “income tax month” there shall be inserted the following definitions–
“income tax period” means income tax quarter where Regulation 26A has effect, but otherwise means income tax month;
“income tax quarter” means the period beginning on 6th April and ending on 5th July, or beginning on 6th July and ending on 5th October, or beginning on 6th October and ending on 5th January, or beginning on 6th January and ending on 5th April;
.
3
For Regulation 26 in that Schedule (payment of earnings-related contributions by employer) there shall be substituted the following Regulations–
Payment of earnings-related contributions monthly by employer
26
1
Subject to Regulations 26A and 27A(8), the employer shall pay the amount specified in paragraph (2) of this Regulation to the Collector within 14 days of the end of every income tax month.
2
The amount specified in this paragraph is the total amount of earnings-related contributions due in respect of emoluments paid by the employer in that income tax month, other than amounts deductible under Regulation 13(1A) which he did not deduct and amounts which he deducted under the Compensation of Employers Regulations:
Provided that, for the purposes of this paragraph, where two or more payments of emoluments fall to be aggregated, the employer shall be deemed to have deducted from the last of those payments the amount of any earnings-related contributions deductible from those payments which he did not deduct from the earlier payments.
Payment of earnings-related contributions quarterly by employer
26A
1
Subject to Regulation 27A(8), the employer shall pay the amount specified in paragraph (2) of this Regulation to the Collector within 14 days of the end of every income tax quarter where–
a
the employer has reasonable grounds for believing that the condition specified in paragraph (3) of this Regulation applies and chooses to pay the amount specified in paragraph (2) of this Regulation quarterly; or
b
in the case of an employee who receives a fixed salary or wage, the Inspector has authorised the employer to deduct income tax from each payment of emoluments which he makes to the employee by reference only to the amount of that payment, without regard to the cumulative emoluments and cumulative tax in respect of the employee.
2
The amount specified in this paragraph is the total amount of earnings-related contributions due in respect of emoluments paid by the employer in that income tax quarter, other than amounts deductible under Regulation 13(1A) which he did not deduct and amounts which he deducted under the Compensation of Employers Regulations:
Provided that, for the purposes of this paragraph, where two or more payments of emoluments fall to be aggregated, the employer shall be deemed to have deducted from the last of those payments the amount of any earnings-related contributions deductible from those payments which he did not deduct from the earlier payments.
3
The condition specified in this paragraph is that, for income tax months falling within the current year, the average monthly total amount to be paid to the Collector will be less than £400 in respect of any amounts to be paid under–
a
the Act and the Main Regulations;
b
the Income Tax Regulations; and
c
section 559 of the Income and Corporation Taxes Act 1988 and the Income Tax (Sub-Contractors in the Construction Industry) Regulations 1975 .
Payment of earnings-related contributions by employer — further provisions
26B
1
The Collector shall give a receipt to the employer for the total amount paid under Regulation 26 or 26A if so requested; but if he gives a receipt for the total amount of earnings-related contributions and any tax paid at the same time, he need not give a separate receipt for earnings-related contributions.
2
Subject to paragraph (3) of this Regulation, if the employer has paid to the Collector on account of earnings-related contributions under Regulation 26 or 26A an amount which he was not liable to pay, or which has been refunded in accordance with regulation 2 (refunds of contributions) of the Social Security (Refunds) (Repayment of Contractual Maternity Pay) Regulations 1990 , the amounts which he is liable to pay subsequently in respect of other payments of emoluments made by him during the same year shall be reduced by the amount overpaid, so however that if there was a corresponding overdeduction from any payment of emoluments to an employee, the provisions of this paragraph shall apply only in so far as the employer has reimbursed the employee for that overdeduction.
3
Paragraph of this Regulation applies only where–
a
the over deduction occurred by reason of an error made by the employer in good faith; or
b
the overdeduction occurred as a result of the employment in respect of which the payment on account of earnings-related contributions is made being or, as the case may be, becoming contracted-out employment; or
c
a refund has been made under regulation 2 of the Social Security (Refunds) (Repayment of Contractual Maternity Pay) Regulations 1990.
.
4
In Regulation 27 in that Schedule (employer failing to pay earnings-related contributions) –
a
for the word “month” wherever it appears there shall be substituted the word “period”;
b
in paragraphs (1) and (3) after the words “Regulation 26” there shall be inserted the words “or 26A”;
c
in paragraph (1) for the words “that Regulation” there shall be substituted the words “those Regulations”;
d
in paragraph (2) for the word “months” wherever it appears there shall be substituted the word “periods”.
5
In Regulation 27A in that Schedule (specified amount of earnings-related contributions payable by the employer) –
a
for the word “month” wherever it appears there shall be substituted the word “period”;
b
after the words “Regulation 26” wherever they appear there shall be inserted the words “or 26A”;
c
in paragraph (5) for the word “months” wherever it appears there shall be substituted the word “periods”.
6
In Regulation 28 in that Schedule (recovery of earnings-related contributions) –
a
for the word “month” wherever it appears there shall be substituted the word “period”;
b
in paragraph (1) after the words “Regulation 26” there shall be inserted the words “or 26A”.
7
In Regulation 32 in that Schedule (inspection of employer’s records) for the word “months” wherever it appears there shall be substituted the word “periods”.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
10th July 1991
The Commissioners of Inland Revenue hereby concur
A.J.G. Isaac
T.J. Painter
Two of the Commissioners of Inland Revenue
16th July 1991


text:
1
This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No.7) Order 1991.
2
The provisions of the Courts and Legal Services Act 1990 specified in the Schedule hereto shall come into force on 1st January 1992.
Mackay of Clashfern, C.
Dated 3rd December 1991