text:
1
This Order may be cited as the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991 and shall come into force on 1st August 1991.
2
In this Order “Guernsey” means the Bailiwick of Guernsey.
3
1
The following provisions of the Broadcasting Act 1990 shall extend, with the modifications specified in the Schedule to this Order, to Guernsey–
a
in Part I (independent television services), sections 1 to 13, 23 to 35, 37 to 45, 48 to 55, 65 and 67 to 71;
b
Part III (independent radio services), except Chapter III ;
c
Part V (Broadcasting Complaints Commission), except section 149;
d
Part VI (Broadcasting Standards Council);
e
Part VIII (provisions relating to wireless telegraphy), except section 174;
f
n Part X (miscellaneous and general), sections 177, 178, 181, 182, 185, 186, 195 to 197, 199, 201 and 203; and
g
Schedules 1 to 3, 5, 7, 8, 13, 14, 16 and 21.
2
For the purpose of construing those provisions as so extended as part of the law of Guernsey, unless a contrary intention appears–
a
any reference to an enactment which extends to Guernsey shall be construed as a reference to that enactment as it has effect in Guernsey, and
b
any reference to a licensable programme service, to a licensable sound programme service or to a local delivery service shall be construed as a reference only to a service of the kind in question which is provided in the United Kingdom under the Broadcasting Act 1990 as it has effect in the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Lee Valley Regional Park Authority (Capital Finance) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations–
“the 1989 Act ” means the Local Government and Housing Act 1989; and
“ the Authority ” means the Lee Valley Regional Park Authority.
Prescribed body
2
The Authority, being a levying body within the meaning of section 74 of the Local Government Finance Act 1988 , is hereby prescribed for the purposes of section 39(l)(k) of the 1989 Act.
Modification of Part IV
3
In relation to the Authority, Part IV of the 1989 Act shall have effect–
a
with the substitution for each reference to the year 1990 of a reference to the year 1991; and
b
with the additional modifications contained in Part I of the Schedule to these Regulations.
Amendments to Regulations
4
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 , the Local Authorities (Capital Finance) Regulations 1990 and the Local Authorities (Borrowing) Regulations 1990 shall have effect in relation to the Authority as amended by Part II of the Schedule to these Regulations.
Michael Heseltine
Secretary of State for the Environment
4th March 1991
We consent,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1991


text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1991 and shall come into force on 17th October 1991.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
Vehicle Length
3
1
Regulation 3(2) shall be amended as follows.
2
In the definition of “overall length” in the Table, the word “or” immediately following sub-paragraph (m) shall be omitted, and after sub-paragraph (n) there shall be added the following words: —
or
o
any rearward projecting buffer made of rubber or other resilient material.
4
1
Regulation 7 shall be amended as follows.
2
In the Table in paragraph (1) —
a
for the entry in column 2 of item 1, there shall be substituted the following entry —
“A motor vehicle drawing one trailer, where the combination of vehicles does not meet the requirements of paragraph (5A) and the trailer is not a semi-trailer.”; and
b
after item 1 there shall be inserted the following item —
1A A motor vehicle drawing one trailer where the combination meets the requirements of paragraph (5A) and the trailer is not a semi-trailer. 18.35
3
In paragraph (2), there shall be added at the end the words “and item 1A in the Table does not apply”.
4
In paragraph (3), after “1”there shall be inserted “,1A”.
5
After paragraph (5), there shall be inserted the following paragraph —
5A
The requirements of this paragraph, in relation to a combination of vehicles, are that at least one of the vehicles in the combination is not a goods vehicle or, if both vehicles in the combination are goods vehicles that —
a
the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer, less the distance between the rear of the motor vehicle and the front of the trailer, does not exceed 15.65m; and
b
the maximum distance measured parallel to the longitudinal axis of the combination of vehicles from the foremost point of the loading area behind the driver’s cab to the rear of the trailer does not exceed 16m;
but sub-paragraph (a) shall not apply if both vehicles in the combination are car transporters.
6
After paragraph (6), there shall be inserted the following paragraph —
6A
For the purposes of paragraph (5A) —
a
where the forward end of the loading area of a motor vehicle is bounded by a wall, the thickness of the wall shall be regarded as part of the loading area; and
b
any part of a vehicle designed primarily for use as a means of attaching another vehicle to it and any fitting designed for use in connection with any such part shall be disregarded in determining the distance between the rear of a motor vehicle and the front of a trailer being drawn by it.
7
In paragraph (7), for the words from “the transverse plane” in the second place they occur to the end of the paragraph there shall be substituted the words “the rear of the semi-trailer”.
8
After paragraph (7A), there shall be inserted the following paragraph —
7B
For the purposes of paragraphs (5A), (6) and (7) —
a
a reference to the front of a vehicle is a reference to the transverse plane passing through the extreme forward projecting points of the vehicle; and
b
a reference to the rear of a vehicle is a reference to the transverse plane passing through the extreme rearward projecting points of the vehicle,
inclusive (in each case) of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to the vehicle but exclusive of —
i
the things set out in sub-paragraph (i) of the definition of “overall length” in the Table in regulation 3(2), and
ii
in the case of a semi-trailer, the things set out in sub-paragraph (ii)(a) of that definition.
9
After paragraph (8) there shall be inserted the following paragraph —
9
No person shall use or cause or permit to be used on a road, a trailer with an overall length exceeding 18.65m unless the requirements of paragraphs 1 and 2 of Schedule 12 are complied with.
5
Regulation 7 as amended by these Regulations is set out in the Schedule to these Regulations.
6
In paragraph 1(a) of Schedule 12, after sub-paragraph (i) there shall be inserted the following sub-paragraph —
ia
in a case to which regulation 7(9) applies, the overall length of the trailer,
Vehicles carrying long or wide loads
7
In regulation 81(d), for the words “rests on” where they appear in sub-paragraphs (i) and (ii) there shall be substituted the words “is borne by”.
8
1
Regulation 82 shall be amended as follows.
2
In paragraph (2)(b)(ii)(A), for the words “paragraph 1” there shall be substituted the words “paragraphs 1 and 5”.
3
For paragraph (4), there shall be substituted the following paragraph —
4
A load shall not be carried so that its weight is borne by a vehicle or vehicles if either —
a
the length specified in paragraph (5) exceeds 18.65m; or
b
the load is borne by a trailer or trailers and the length specified in paragraph (6) exceeds 25.9m,
unless the conditions specified in paragraphs 1 and 2 of Part I of Schedule 12 are complied with.
4
In paragraph (5), for the words “load rests on” where they appear in sub-paragraph (a) and (b) there shall be substituted the words “weight of the load is borne by” and for the words “on which the load rests” where they appear in sub-paragraph (c) there shall be substituted the words “which bear the weight of the load”.
9
1
In Schedule 12, after paragraph 4 there shall be inserted the following —
Marking of wide loads
5
a
Subject to sub-paragraph (d), every load carried on a vehicle in circumstances where this paragraph applies shall be fitted on each side and in the prescribed manner, with —
i
a prescribed marker in such a position that it is visible from the front of the vehicle, and
ii
a prescribed marker in such a position that it is visible from the rear of the vehicle,
b
For the purposes of sub-paragraph (a) —
i
a marker on a side of the load is fitted in the prescribed manner if at least part of it is within 50mm of a longitudinal plane passing through the point on that side of the load which is furthest from the axis of the vehicle; and
ii
a prescribed marker is a marker of the size, shape and colour described in Part II of this Schedule.
c
Every marker fitted pursuant to this paragraph shall be kept clean and between sunset and sunrise be illuminated by a lamp which renders it readily visible from a reasonable distance and which is so shielded that its light, except as reflected from the marker, is not visible to other persons using the road.
d
If the load does not extend beyond the longitudinal plane passing through the extreme projecting point on one side of the vehicle, it shall not be necessary for a marker to be fitted to the load on that side.
2
In paragraph 3(f) of Schedule 12, for the words “during the hours of darkness” there shall be substituted the words, “between sunset and sunrise”.
3
In Part II of Schedule 12, for the words in the heading “(see paragraph 3(a) of this Schedule)” there shall be substituted the words “(see paragraph 3(a) and 5(b) of this Schedule)”.
Parking in Darkness
10
In regulation 101(1), the words “half an hour after” and the words “half an hour before” shall be omitted.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
20th September 1991


text:
1
This Order may be cited as the Export and Investment Guarantees Act 1991 (Commencement) Order 1991.
2
The provisions of the Export and Investment Guarantees Act 1991 shall come into force on 23rd October 1991.
Timothy Sainsbury
Minister for Trade,
Department of Trade and Industry
22nd October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Sheffield University Hospitals 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 Central Sheffield University Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Central Sheffield University Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at Royal Hallamshire Hospital, Glossop Road, Sheffield, S10 2JF and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Sheffield.
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 Sheffield 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 Sheffield 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 Sheffield 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
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This order may be cited as the Litter (Relevant Land of Principal Litter Authorities and Relevant Crown Land) Order 1991 and shall come into force on 1st April 1991.
Relevant Land
2
For the purposes of Part IV of the Environmental Protection Act 1990, land below the place to which the tide flows at mean high water springs is not to be treated as relevant land of principal litter authorities or as relevant Crown land.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hunt
Secretary of State for Wales
28th February 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
6th March 1991


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The lengths of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads as from the date on which the Secretary of State notifies the County Council of Clwyd that the new trunk roads are open for through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA 10/2 WO85 marked “The London-Holyhead Trunk Road (A5) (Ty-nant to Dinmael) Order 1991”, signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order;
iii
“the trunk road” means the London-Holyhead Trunk Road (A5).
5
This Order shall come into force on 8th February 1991 and may be cited as the London-Holyhead Trunk Road (A5) (Ty-nant to Dinmael) Order 1991.
Signed by authority of the Secretary of State for Wales
H. R. Bollington
An Assistant Secretary Welsh Office
Dated the 7th January 1991


text:
1
This Order may be cited as the Combined Probation Areas (Avon) Order 1991 and shall come into force on 1st January 1992.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Avon Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Long Ashton and Weston-super-Mare; and
b
inserting in alphabetical order in column 1 “Woodspring” and corresponding to this in column 3 “4”.
3
The four members of the Avon Probation Committee appointed before 1st January 1992 by the justices for the petty sessions areas of Long Ashton and Weston-super-Mare shall continue in office as if they had been appointed by the justices for the new petty sessions area of Woodspring .
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
19th December 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1991.
2
These Regulations shall come into force on the twenty-eighth day after the day on which they are made.
Application and interpretation
2
1
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
2
These Regulations apply —
a
to applications referred to in regulation 1(2)(a), (b), (bb) or (c) of the 1989 Regulations made on or after the date on which these Regulations come into force;
b
to applications referred to in regulation 1(2)(d) or (e) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued, or, as the case may be, an application for an established use certificate made, on or after the date on which these Regulations come into force.
General increase in fees
3
1
In Part I of Schedule 1 to the 1989 Regulations —
a
in paragraphs 4(1) and 6(2), for “£92” substitute “£110”;
b
in paragraph 7, for “£46” substitute “£55”;
c
in paragraph 11, for “£92” substitute “£110”; and
d
in paragraph 15(2), for “£92” substitute “£110”, and for “£2,300” substitute “£2,760”.
2
For Part II of Schedule 1 to the 1989 Regulations (scale of fees) substitute the new Part II set out in Schedule 1 hereto.
3
For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications) substitute the new Schedule 2 set out in Schedule 2 hereto.
Miscellaneous amendments
4
The 1989 Regulations shall have effect subject to the amendments set out in Schedule 3 hereto.
Revocation
5
1
Subject to paragraph (2), regulations 2 and 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1990 are hereby revoked.
2
The Regulations referred to in paragraph (1) shall continue to have effect in relation to applications referred to in regulation 1(2)(d) or (e) of the 1989 Regulations deemed to have been made in connection with an enforcement notice issued, or, as the case may be, an application for an established use certificate made, before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
2nd December 1991
David Hunt
Secretary of State for Wales
5th December 1991


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1991 and shall come into force on 8th April 1991.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 18 of the principal Scheme
2
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,820” there shall be substituted the amount “£2,028”.
Substitution of Schedules 3 and 4 to the principal Scheme
3
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule to this Scheme and numbered 3 and 4.
Amendment to article 25A of the principal Scheme
4
For sub-paragraph (a) of paragraph (1) of article 25A there shall be substituted the following sub-paragraph —
a
disablement as a result of the amputation of both legs, at levels which are either through or above the ankle; or
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
13th March 1991
We approve,
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancaster Priority Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) or Schedule 1 of the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lancaster Priority Services 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 Lancaster Priority Services National Health Service Trust
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Lancaster Moor Hospital, Quernmore Road, Lancaster LA1 3JR and associated hospitals;
b
to manage community health services provided from Community Offices, Slyne Road, Lancaster and to own the associated premises
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date
Assistance by health authorities before operational date
7
1
The Lancaster 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 Lancaster 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 Lancaster 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
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as the Bitton Light Railway Order 1991 and shall come into force on 29th January 1991.
Interpretation
2
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them —
“the Board” means the British Railways Board;
“The Board’s railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“The Company” means the Bitton Railway Company Limited incorporated under the Companies Acts 1948 to 1976 and having its registered office at Bitton Railway Station, Willsbridge, Bristol;
“The Council” means the Kingswood Borough Council;
“the lease” means any lease granted under paragraph (1) of article 6 (Leasing and sale of railway to Company) of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“the operators” means the Council;
Provided that —
a
during the currency of the lease and subject to the terms thereof “the operators” in respect of so much of the railway as is so demised shall include the Company; and
b
if the freehold of the railway is at any time vested in the Company pursuant to article 6 of this Order “the operators”, in respect of so much of the railway as is so vested, shall thereafter mean the Company and not the Council;
“the principal Act ” means the Light Railways Act 1896;
“the railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 of this Order together with all lands and works relating thereto, and, where any part of the said railway and works remains uncompleted, includes the site of that part.
Incorporation and modification of enactments
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 , so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order: —
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
2
Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following provisions shall apply to the railway: —
The Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and railway servants);
The Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
4
Sections 116 to 118 of the Transport Act 1968 shall apply to the railway as if for references therein to the Board there were substituted references to the operators.
Transfer of rights, etc. from Board
4
Except as may be otherwise provided in this Order, the railway or any part thereof shall be subject to all statutory and other provisions applicable to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) and the operators shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Board’s railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Power to make a railway
5
1
The operators may on the line and to the extent of the Board’s railway construct, make and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
2
The railway shall be laid on the same levels as, and within the existing formation of, the Board’s railway.
Leasing and sale of railway to Company
6
1
The Council may lease to the Company the railway or any part thereof together with the rights, powers, privileges and obligations vested in the Council by article 4 (Transfer of rights, etc. from Board) of this Order on such terms and conditions as may be agreed between the Council and the Company. The Council and the Company may also enter into and carry into effect agreements providing for the subsequent transfer to and vesting in the Company of the railway or any part thereof.
2
During the continuance of the lease, or after the operative date of any transfer under the provisions of this article, the Company shall to the exclusion of the Council be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise as are transferred to or conferred on the Council by this Order and are for the time being in force in respect of the railway or such part thereof as is comprised in the lease or is so transferred, as the case may be.
Gauge of railway and motive power
7
The railway shall be constructed and operated on a nominal gauge of 1.435 metres (4 feet 8 ½ inches) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the operators to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 , or with telecommunication by means of such apparatus.
Level crossings
8
The operators shall provide level crossings usable by pedestrians and cyclists at the following locations —
a
at Meadowcourt Drive, where the railway crosses footpath No. 15;
b
at Bitton North crossing, where the railway crosses the cycle/walkway, approximately 200 metres north of the northern end of the platform of Bitton Station; and
b
at Bitton South crossing, where the railway crosses the cycle/walkway, approximately 5 metres south of the southern end of the platform of Bitton Station
and shall there provide, maintain and operate the gates, signs and other devices and appliances specified in Schedule 2 to this Order:
Provided always that the operators shall be entitled to substitute overbridges or underpasses for the said level crossings.
Restrictions and conditions as to working of railway
9
1
The operators shall not use upon the railway any engine, carriage or truck bringing any weight upon the rails by any one pair wheels exceeding such weight as the Secretary of State may allow.
2
The operators shall not run any train or engine upon any part of the railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the operators shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of the public using the railway.
4
If the operators contravene any of the provisions of this article, they shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Public liability insurance
10
1
In this article —
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than £2,000,000.
2
a
The operators shall not work the railway unless there is in force a policy in accordance with the provisions of this article.
b
If the operators contravene the provisions of this article, they shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the operators.
Signed by authority of the Secretary of State for Transport
J.R. Coates
An Under Secretary in the
Department of Transport
28th January 1991


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Common Services Agency (Membership and Procedure) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, unless the context otherwise requires —
a
“ the Act ” means the National Health Service (Scotland) Act 1978;
b
“Board” means a Health Board and includes a Special Health Board;
c
“the Committee” means the management committee constituted in accordance with paragraph 3 of Schedule 5 of the Act ;
d
“member” means a member of the committee and includes the chairman and “members” shall be construed accordingly;
e
“contract” includes any arrangement including an NHS contract;
f
“officer” includes employee.
3
Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is to the regulation bearing that number in these Regulations and a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
PART II
MEMBERSHIP
Term of office and remuneration of membership
2
1
Subject to the following provisions of these Regulations, the term of office of the members of the Committee shall be for such period not exceeding four years as the Secretary of State shall specify on making the appointment.
2
At the expiration of his term of office a member shall, subject to regulations 3 and 4 be eligible for re-appointment.
3
The members to whom remuneration may be paid under paragraph 3A of Schedule 5 to the Act are those members who are not also officers of the Agency, a Board or the Secretary of State.
Resignation and removal of members
3
1
A member who desires to resign his membership shall give written intimation of his resignation to the Secretary of State.
2
If a member has not attended any meeting of the Committee or of any sub-committee of the committee throughout a period of six consecutive months, the Secretary of State shall, unless satisfied that his absence was due to illness or other reasonable cause, declare that his seat on the committee has become vacant and that person shall forthwith cease to be a member.
3
A member of the Committee being either —
a
a person who holds any paid appointment or office or other place of profit under a Board or the Secretary of State or the Agency and who is dismissed, removed or resigns from such appointment, office, or other place of profit; or
b
a person whose name is included in any list prepared under Part II of the Act, and whose name is withdrawn from the list on his own application,
shall, if the Secretary of State so directs, forthwith cease to be a member.
4
If a member of the Committee, who was at the time of his appointment also a member or officer of the Agency, of any Board or an officer of the Secretary of State, ceases to be such a member or officer he shall forthwith cease to be a member of the Committee.
Disqualification
4
1
A person shall be disqualified for being a member of the Committee, if —
a
he is chairman or a director of an NHS trust; or
b
he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or
c
he is a member of a fund-holding practice recognised under section 87A of the Act ; or
d
he is a person who within the preceding five years has been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
e
he is a person who has held any paid appointment or office or other place of profit under a Board under the Agencv or under the Secretary of State and has been dismissed from such appointment, office, or other place of profit otherwise than by reason of redundancy; or
f
he is disqualified under section 29 of the Act for inclusion in any list prepared under Part II of the Act; or
g
he is a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland, in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of his creditors:
Provided that —
i
the disqualification attaching to a person whose estate has been sequestrated shall cease if and when —
a
the sequestration of his estate is recalled or reduced; or
b
the sequestration is discharged;
ii
the disqualification attaching to a person by reason of his having been adjudged bankrupt shall cease if and when —
a
the bankruptcy is annulled; or
b
he is discharged;
iii
the disqualification attaching to a person in relation to whose estate a judicial factor has been appointed shall cease if and when —
a
that appointment is recalled; or
b
the judicial factor is discharged;
iv
the disqualification attaching to a person who has granted a trust deed shall cease if and when he pays his creditors in full or on the expiry of five years from the date of his granting the deed.
2
The Secretary of State may direct that in relation to any individual person, Health Board or Special Health Board any disqualification so directed shall not apply in relation thereto.
3
In this regulation “health service body” is any one of the persons and bodies specified in section 17A(2) of the Act and “trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 1974 .
PART III
APPOINTMENT OF VICE-CHAIRMAN AND SUB-COMMITTEES
Vice-Chairman
5
The Committee shall appoint a member who is not also an officer of the Agency to be vice-chairman and any person so appointed shall, so long as he remains a member of the Committee, hold office for such period as the Committee may decide.
Sub-Committees
6
1
Subject to paragraph (2), the Committee may, and if so directed by the Secretary of State shall, appoint sub-committees for such purposes as the Committee may determine, subject to such restrictions or conditions as the Committee may think fit, or as the Secretary of State may direct.
2
Any sub-committee of the Committee appointed under this regulation shall include at least one member and may include any persons who are co-opted.
PART IV
PROCEDURE OF MANAGEMENT COMMITTEE
Meetings and minutes
7
1
At every meeting of the Committee, the chairman, if present, shall preside.
2
If the chairman is absent from any meeting, the vice-chairman, if present, shall preside, and if the chairman and vice-chairman are both absent, the members present at the meeting shall elect from among themselves a person to act as chairman for that meeting who is not also an officer of the Agency, a Health Board or the Secretary of State.
3
All acts of, and all questions coming and arising before the Committee shall be done and decided by a majority of the members of the Committee present and voting at a meeting of the Committee and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.
4
Minutes of every meeting of the Committee shall be forwarded to the Secretary of State not later than one week before the date of the next meeting of the Committee after that to which they relate.
Conflict of interest
8
1
Subject to such exceptions and qualifications as may, with the approval of the Secretary of State, be specified in standing orders, if a member has any pecuniary or other interest, direct or indirect, in any contract or proposed contract (not being a contract for the provision of any of the services mentioned in Part 11 of the Act) or other matter, and is present at a meeting of the Committee or of a sub-committee of the Committee at which the contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration and discussion of, or vote on any question with respect to, the contract or other matter.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the national health service that the disability should be removed.
3
Any remuneration, compensation or allowances payable to a chairman or other member by virtue of paragraphs 3A, 5 or 7 of Schedule 5 to the Act shall not be treated as a pecuniary interest for the purpose of this regulation.
Power to make standing orders
9
Subject to such directions as may be given by the Secretary of State, the Committee shall make, and may vary and revoke, standing orders for the regulation of the procedure and business of the Committee and of any sub-Committee of the Committee and in particular —
a
for the times and places of the meetings of the Committee or sub-committee which, in the case of the Committee, shall be held not less often than once in every three months;
b
for due notice of the time and place of each meeting of the Committee or of a subcommittee of the Committee and, subject to any exceptions which may be mentioned in the standing orders, of the business to be transacted thereat, to be given to members;
c
for the chairman of the Committee to call a meeting of the Committee at any time or on being required so to do on receiving a requisition in writing for that purpose specifying the business proposed to be transacted at the meeting and signed by one third of the whole number of members of the Committee including at least two members who are not also officers of the Agency, a Health Board or of the Secretary of State, and for such a meeting to be held within fourteen days of receipt of the requisition, and to provide that no business shall be transacted at the meeting other than that specified in the requisition;
d
for recording the names of members present at a meeting of the Committee or of a sub-committee of the Committee;
c
for the drawing up, signing, approval and circulation of minutes recording the proceedings of meetings of the Committee or of a sub-committee of the Committee including any decision or resolution of the Committee;
f
for specifying the exceptions and qualifications referred to in regulation 8 (conflict of interest);
g
for the constitutional procedures of sub-committees of the Committee including the power of the Committee to co-opt persons to sub-committees;
h
for providing that no business shall be transacted at a meeting of the Committee unless at least one-third of the whole number of members of the Committee, of whom at least two should be members who are not also officers, of the Agency, a Health Board or of the Secretary of State, are present thereat;
i
for the adjournment of a meeting of the Committee or of a sub-committee of the Committee to any other day, hour and place;
j
for the circumstances in which any member of the committee may be suspended from the Committee or disqualified for taking any part in any business of the Committee on reasonable cause shown.
Revocation
10
The National Health Service (Common Services Agency: Membership and Procedure) (Scotland) Regulations 1975 , are hereby revoked.
Michael B. Forsyth
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
8th March 1991


text:
Citation and commencement
1
This Order may be cited as the River Lunan Catchment Area Protection (Renewal) Order 1991 and shall come into force on 8th October 1991.
Interpretation
2
In this Order —
“the 1983 Order ” means the River Lunan Catchment Area Protection Order 1983 ;
“the 1988 Order ” means the River Lunan Catchment Area Protection (Renewal) Order 1988 .
Renewal of Order
3
The 1988 Order is hereby renewed.
Prohibition
4
During the period from 8th October 1991 to 7th October 1994, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1983 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
T. J. Kelly
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
7th October 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Export of Goods (Control) Order 1991 and shall come into force on 31st December 1991.
2
In this Order, unless the context otherwise requires–
“aircraft” does not include helicopters;
“bovine offal” means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over six months of age which has died or has been slaughtered, as the case may be, in the United Kingdom;
“Commissioners” means the Commissioners of Customs and Excise;
“country” includes territory;
“document” includes any record or device by means of which information is recorded or stored;
“goods”, unless otherwise specified, means both used and unused goods;
“hovercraft” has the same meaning as in section 4(1) of the Hovercraft Act 1968 ;
“importation” and “exportation” in relation to a vessel, submersible vehicle, aircraft or helicopter includes the taking into or out of the United Kingdom of the vessel, submersible vehicle, aircraft or helicopter notwithstanding that the vessel, submersible vehicle, aircraft or helicopter is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“intestines” in the definition of “bovine offal” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;
“Member State” means a Member State of the European Communities;
“microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“production” includes all production phases, including production engineering, manufacture, integration, assembly, inspection, testing and quality assurance;
“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer and includes a microprogramme;
“scheduled goods” means goods of a description specified in Schedule 1 hereto;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such a manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;
“ship” includes the hull or part of the hull of a ship;
“software” means one or more programmes fixed in any tangible medium of expression;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“SWATH vessel” means any small waterplane area twin-hull vessel;
“technological document” means any document containing information relating to the design, production or use of goods or to technologies or processes, excluding:
any document which is generally available to the public;
any application for the grant of a patent (or any other form of protection for an invention) or for the registration of a design, or a semi conductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention;
any document necessary to enable any such application to be filed, made or pursued;
“vessel” includes any ship, surface effect vehicle, SWATH vessel and hydrofoil, and the hull or part of the hull of a vessel.
3
In this Order–
a
a prohibition on exportation is a prohibition on exportation from the United Kingdom including a prohibition on shipment as ships' stores;
b
any reference to scheduled goods or any other item being indicated by a letter shall be taken as a reference to such goods or items being so indicated in Schedule 1 hereto;
c
numerical references in Schedule 1 hereto to British Standards are references to the standards so numbered published by the British Standards Institution in the year indicated after such references with such amendments (if any) thereto as may have been made before the making of this Order;
d
references in Schedule 1 hereto to percentages of the contents of any goods are references to percentages by weight;
e
any description of goods specified in Group A of Part I of Schedule 1 hereto in relation to a Combined Nomenclature heading or sub-heading, other than one covering a whole heading, shall be taken to comprise all goods which would be classified under an entry in the same terms constituting a subheading in the relevant heading in the Combined Nomenclature of the European Economic Community . Prohibitions and restrictions on exportation
2
Subject to the provisions of this Order–
i
where scheduled goods are indicated by the letter “C”, those goods are prohibited to be exported to any destination, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in a country listed in Schedule 2 hereto;
ii
where technology is specified in Schedule 1 to this Order and indicated by the letter “D”, technological documents the information in which includes information relating to that technology are prohibited to be exported to any destination in a country listed in Schedule 2 hereto;
iii
scheduled goods indicated by the letter “E” are prohibited to be exported to any destination except a destination in another Member State;
iv
where scheduled goods are indicated by the letter “I”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Iran or Iraq;
v
where scheduled goods are indicated by the letter “L”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Libya;
vi
where scheduled goods are indicated by the letter “S”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination after delivery or for the purpose of delivery, directly or indirectly, to a person in any country listed in Schedule 2 hereto;
vii
where technology is specified in Schedule 1 hereto and indicated by the letter “B”, technological documents the information in which includes information relating to that technology are prohibited to be exported to any destination;
viii
scheduled goods indicated by the letter “W” are prohibited to be exported to any destination;
ix
scheduled goods indicated by the letter “X” are prohibited to be exported to any destination in India or Pakistan;
x
where scheduled goods are indicated by the letter “Y”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in Syria;
xi
where scheduled goods are indicated by the letter “Z”, those goods and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods are prohibited to be exported to any destination in South Africa;
xii
specialised components of any goods of a description specified in Group 1 of Part II of Schedule 1 hereto, whether or not such components are specified in the description, are prohibited to be exported to any destination in South Africa;
xiii
goods of a description specified in Group C of Part I of Schedule 1 hereto are prohibited to be exported to any destination in the United States of America or the Commonwealth of Puerto Rico;
xiv
where scheduled goods are indicated by the letter “A”, those goods, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination; and
xv
goods of a description specified in Schedule 3 hereto, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination–
a
if the exporter knows that they are intended or likely to be used in–
i
the development, production, handling, detection, identification or storage of chemical or biological weapons or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such weapons;
ii
the disposal of waste arising out of the development or production of chemical or biological weapons, or of any chemical, toxin, micro-organism or other biological agent used in the development or production of such weapons;
iii
the development, production, handling, detection, identification or storage of any vaccine, toxoid, protein or immunoglobulin for protection against, or the treatment of, the harmful effects of any chemical, toxin, micro-organism or other biological agent used in such weapons;
iv
the development, production, handling or storage of nuclear weapons; or
v
the development, production, handling or storage of missiles capable of delivering nuclear, chemical or biological weapons;
b
where the exporter knows or has grounds for suspecting that they might be used for any purpose referred to in sub-paragraph (a) above, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that the goods will not be so used.
Community Steel Products
3
The prohibition in article 2 (xiii) of this Order shall not apply to any exportation to any destination in the United States of America or the Commonwealth of Puerto Rico which is in accordance with a European Community export licence issued by the competent authority of a Member State in conformity with the provisions of Commission Regulation ( EEC ) No. 3725/89 or Commission Regulation (EEC) No. 3726/89 or Commission Decision No. 3727/89/ EC SC , and which is covered by an export certificate drawn up in conformity with those provisions.
Exceptions
4
Nothing in article 2 of this Order shall be taken to prohibit the exportation of–
Licensed exports and permitted ships' stores
a
any goods under the authority of a licence granted by the Secretary of State, or the shipment of any goods as ships' stores with the permission of the proper officer of Customs and Excise at the port of departure for use on board the ship, provided that all conditions attaching to the said licence or the said permission are complied with;
Channel Islands
b
any goods other than goods of a description specified in Group B of Part I of Schedule 1 hereto or in Group 1 of Part II of the said Schedule, to any destination in the Channel Islands;
Aircraft and helicopters
c
i
any aircraft or helicopter which is being exported after temporary importation into the United Kingdom provided that there has been no change of ownership or registration since such importation;
ii
any aircraft or helicopter engaged on a scheduled journey;
Firearms and ammunition
d
i
firearms (not being goods of a description specified in Group B of Part 1 of Schedule 1 hereto) authorized to be held by a valid firearm certificate or shotgun certificate granted or having effect as if granted under the Firearms Act 1968 or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981 or granted in the Isle of Man under the Firearms Act 1947 (an act of Tynwald) ; and
ii
related ammunition for use therewith;
to any destination other than a destination in South Africa, provided that the firearms and ammunition form part of the personal effects of the holder of the certificate and the certificate is produced by the holder, or his duly authorized agent, with the firearms and ammunition, to the proper officer of Customs and Excise at the place of export;
Live animals
e
i
any live bovine animal, live swine or live sheep, if the place of export is in Great Britain;
ii
live bovine animals, live swine and live sheep from Northern Ireland to the Republic of Ireland;
Vessels
f
i
any vessel registered or constructed outside the United Kingdom which is being exported after temporary importation into the United Kingdom;
ii
any vessel which is departing from the United Kingdom on trials;
iii
any vessel proceeding on a normal commercial journey.
Customs powers to demand evidence of destination which goods reach
5
Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners, furnish within such time as they may allow proof to their satisfaction that the goods have reached either–
i
a destination to which they were authorized to be exported by a licence granted for the purposes of this Order, or
ii
a destination to which their exportation was not prohibited by this Order;
and, if he fails to do so, he shall be liable to a customs penalty not exceeding two thousand pounds unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
6
–
1
If for the purpose of–
a
obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods; or
b
obtaining from the Secretary of State a European Community export licence as referred to in article 3 of this Order,
any person–
i
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
ii
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence or permission or European Community export licence which may have been granted for the exportation or shipment as ships' stores of any goods in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
3
Any person who–
a
has exported goods from the United Kingdom under the authority of a licence granted by the Secretary of State in pursuance of article 4(a); and
b
fails to comply with any condition attaching to that licence,
shall be guilty of an offence and liable–
i
on summary conviction to a fine not exceeding the statutory maximum, and
ii
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both:
Provided that no person shall be guilty of an offence under this paragraph where he proves–
that the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State; and
that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom.
Declaration as to goods: powers of search
7
–
1
Any person who, on any occasion, is about to leave the United Kingdom shall, if on that occasion he is required to do so by an officer of Customs and Excise–
a
declare whether or not he has with him any goods the export of which from the United Kingdom is subject to any prohibition or restriction under this Order; and
b
produce any such goods as aforesaid which he has with him;
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence and liable to a customs penalty not exceeding one thousand pounds.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence and liable on summary conviction to a customs penalty not exceeding two thousand pounds and on conviction on indictment to a customs penalty of any amount or imprisonment for a term not exceeding 2 years, or to both.
Modification and revocation of licences, etc.
8
–
1
A licence granted by the Secretary of State in pursuance of article 4(a) or having effect as if so granted may be modified or revoked by him at any time.
2
Any permission granted by the proper officer of Customs and Excise for the shipment of any goods as ships' stores may be modified or revoked by such officer at any time.
Revocations
9
The Orders specified in Schedule 4 hereto are hereby revoked.
Tim Sainsbury
Minister for Trade,
Department of Trade and Industry
25th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mulberry National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mulberry 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 Mulberry National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Holland Road, Spalding, Lincs, PE11 1UH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 South Lincolnshire 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 South Lincolnshire 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 South Lincolnshire 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.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 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 (in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order to connect the main new trunk road with other highways at the places stated in that schedule (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 plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a new trunk road that–
a
where a 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 a highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the plan” means the plan numbered HA10/2E/308 marked “The A428 Trunk Road (Bedford Southern Bypass) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, LondonSW1P 3PY;
ii
“the new trunk roads”means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
iii
“the trunk road”means the Northampton–St Neots Trunk Road (A428).
5
This Order shall come into force on 12th December 1991 and may be cited as the A428 Trunk Road (Bedford Southern Bypass) Order 1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region,
Department of Transport
3rd December 1991


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Charges for Accommodation) Amendment Regulations 1991 and shall come into force on 8th April 1991.
Amendment of Regulations
2
The National Assistance (Charges for Accommodation) Regulations 1989 are amended as follows: —
a
in regulation 2(1) (minimum rate of liability to pay for accommodation) for “£37.50” there is substituted “£41.60”;
b
in regulation 2(2) (minimum rate of liability to pay for accommodation of a child) —
i
for “£12.35” (child under 11) there is substituted “£13.35”; and
ii
for “£18.25” (child 11 or over but under 16) there is substituted “£19.75”;
c
in regulation 3 (sum needed for personal requirements) for “£9.40” there is substituted “£10.40”;
d
after regulation 4 there is added the following regulation: —
Extent
5
These Regulations do not apply to Scotland.
.
Revocation
3
The National Assistance (Charges for Accommodation) Amendment Regulations 1990 are hereby revoked.
William Waldegrave
Secretary of State for Health
4th March 1991


text:
Title and commencement
1
1
These Regulations may be cited as the Slaughter of Poultry (Licences and Specified Qualifications) Regulations 1991 and shall, except for regulation 9, come into force on 1st September 1991.
2
Regulation 9 shall come into force on 1st September 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Slaughter of Poultry Act 1967;
“bird” means a turkey kept in captivity or a domestic fowl, guinea-fowl, duck, goose or quail so kept;
“licence” means a licence to slaughter or to stun and slaughter granted under regulation 5 or 6;
“the Rabbinical Commission” means the Rabbinical Commission referred to in Schedule 1 to the Slaughterhouses Act 1974 ;
“veterinary surgeon” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register.
2
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Scope
3
1
These Regulations shall not apply in relation to slaughter
a
for a purpose other than a commercial purpose;
b
in pursuance of powers conferred by, or by any instrument made or having effect as if made under, the Animal Health Act 1981 ;
c
in the course of a procedure authorised under the Animals (Scientific Procedures) Act 1986 ;
d
by a veterinary surgeon, or a person acting under his direction, where the veterinary surgeon is acting in the exercise of his profession;
e
on premises forming part of an agricultural holding on which the bird was reared, if the slaughter is by means of dislocation of the neck and without prior stunning; or
f
of a bird which is not more than 72 hours old.
2
A bird is slaughtered for a commercial purpose if it is slaughtered
a
in the course or furtherance of a business or for reward; or
b
by, or on behalf of, the purchaser of the bird on premises belonging to, occupied by or under the control of, the seller of the bird; or
c
in a market place.
LICENCES
Licensing of slaughtermen
4
1
No person shall slaughter a bird or stun a bird prior to slaughter except–
a
under and in accordance with the terms of a licence granted to him by the local authority; or
b
in the course of demonstrating his competence for the purpose of obtaining a certificate or licence as required by regulation 5(1)(a).
2
The occupier of any premises shall not cause or permit any person to slaughter a bird or stun a bird prior to slaughter on those premises in contravention of these Regulations.
3
Paragraph (1) above shall apply to any person who slaughters or stuns a bird by any method, including any person who is in charge of automatic equipment used to slaughter or stun a bird.
Licences
5
1
Where a local authority receives an application from a person for the grant of a licence authorising him to slaughter a bird or to stun a bird prior to slaughter, the local authority shall grant a licence if–
a
the application is accompanied by–
i
such a certificate as is described in Schedule 1, or
ii
where the licence will authorise the slaughter of a bird only by the Jewish method, a licence issued to the applicant for that purpose by the Rabbinical Commission in England and Wales or by the Chief Rabbi in Scotland;
b
the applicant is in the opinion of the local authority a fit and proper person to hold a licence;
c
the applicant is not below the age of 18 years; and
d
the applicant provides the information required in paragraph (2) below.
2
Any person applying to a local authority for a licence shall in his application state–
a
whether he holds or has held a licence granted by any other (and, if so, which) local authority;
b
whether he has been refused a licence or had a licence revoked or suspended by any other (and, if so, which) local authority; and
c
whether he has any similar application pending before any other (and, if so, which) local authority.
3
A licence granted under this regulation shall remain in force for such period not exceeding 4 years as may be specified in the licence.
4
A local authority shall not renew such a licence unless in its opinion the applicant remains a fit and proper person to hold a licence.
Provisional licences
6
1
The local authority may grant the applicant a provisional licence if–
a
the applicant is, in the opinion of the local authority, a fit and proper person to hold a provisional licence, and
b
the applicant is not below the age of 18 years.
2
A provisional licence shall authorise a person to slaughter or stun a bird only in the presence of, and in accordance with any directions given by, a person who is–
a
a veterinary surgeon, or
b
the holder of a licence granted under regulation 5, or
c
the holder of such a certificate as is described in Schedule 1 and one or more of the qualifications listed in paragraph 3 of Schedule 2.
3
A provisional licence shall remain in force for such period not exceeding 3 months as may be specified in the licence and may be renewed once for a like period.
Refusal, revocation and suspension of licence
7
1
A local authority may revoke or suspend a licence if the holder has been convicted of an offence under the Act or of any Regulations made under it or has failed to comply with the terms of a licence granted to him under these Regulations.
2
If a local authority intends to refuse to grant or renew a licence or intends to modify, suspend or revoke a licence, it shall forthwith give written notice to the applicant or, as the case may be, the licence holder of its intention in the matter.
3
Except where a licence is modified in accordance with an application made by the licence holder, every notice under paragraph (2) above shall include a statement of the grounds on which the intention is based.
4
Before refusing, modifying, suspending or revoking any licence the local authority shall give the applicant or licence holder an opportunity to make representations.
Fees
8
A local authority may charge such reasonable fees as it may determine for the grant, renewal and modification of a licence but no fees may be charged for the modification of a licence unless the modification is in accordance with an application made by the licence holder.
Penalties
9
1
A person who contravenes or fails to comply with regulation 4(1) or 4(2) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
2
A person who knowingly or recklessly gives false information for the purpose of obtaining a licence shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
3
A person shall not be guilty of an offence under these Regulations if he proves that he took all reasonable steps and exercised all due diligence to avoid committing such an offence.
4
A person shall not be guilty of an offence under these Regulations if he proves that by reason of an accident or other emergency the contravention or non-compliance was necessary for preventing physical injury or suffering to any person or bird.
SUPERVISING OFFICERS' QUALIFICATIONS
Specified qualifications which must be held by persons supervising premises used in connection with slaughter of birds.
10
No person shall be nominated by a local authority to supervise premises for the purposes of section 6(2) of the Act (execution of the provisions of the Act and of regulations) unless the local authority is satisfied that he has the qualifications specified in Schedule 2.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
19th July 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
17th July 1991
David Hunt
Secretary of State for Wales
19th July 1991


text:
1
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (No. 2) Order 1991 and shall come into force on 1st May 1991.
2
In this Order “the LRB ” means the London Residuary Body.
2
On 1st May 1991 all interests, rights and liabilities of the LRB in the property known as Riverside House West, Woolwich High Street, Greenwich, London SE18 6JR (including any contractural licence for the use of land and any right to use land arising by or under any statutory provision) and all records held by the LRB relating exclusively to such interests, rights and liabilities shall vest in the Council of the London Borough of Greenwich.
3
1
All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, the LRB in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the Council of the London Borough of Greenwich.
2
Any action or proceeding, or any cause of action or proceeding, pending or existing on 1st May 1991 by or against the LRB and in respect of any transferred matters may be continued, prosecuted and enforced by or against the Council of the London Borough of Greenwich.
Kenneth Clarke
Secretary of State for Education and Science
9th April 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron Harrow Limited) Order 1991 and shall come into force on 15th July 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State
Department of Trade and Industry
10th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Southern Water Company (Constitution and Regulation) Order 1991 and shall come into force on 20th August 1991.
2
In this Order–
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force
3
The date specified for the purposes of section 101(2) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 20th August 1991.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 20th August 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
24th July 1991


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.4) (Shorthand Writers' Fees) 1991 and shall come into force on 5th June 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session , in the paragraphs specified in column 1 of the following table, for the figures specified in column 2, substitute the figures specified in column 3 of that table; and the fees so substituted shall apply to work, in respect of which these fees are chargeable, done on or after the date on which this Act of Sederunt comes into force:–
TABLE
Column 1 Column 2 Column 3 ( Old fees ) ( New fees )
1 £43.62 £47.55 1 £14.54 £15.85 2 £3.10 £3.38 2 £3.73 £4.07 5 £0.24 £0.26
Saving
3
The fees specified in Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session which are specified in column 2 of the above table in relation to the paragraphs specified in column 1 of that table shall continue to have effect in respect of work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh,
3rd May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 1991 and shall come into force on 1st January 1992.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and, unless the context otherwise requires, “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
In regulation 2(1)(a)–
a
after the definition of “gains” there shall be inserted–
“general plan” means a plan which is not a single company plan;
b
for the definition of a “plan investment” there shall be substituted–
a “plan investment” is–
i
in relation to a general plan, an investment under the plan which is a qualifying investment for such a plan within the meaning of regulation 6, and
ii
in relation to a single company plan, an investment under the plan which is a qualifying investment for such a plan within the meaning of regulation 6B;
c
after the definition of “recognised stock exchange” there shall be inserted–
“release date” has the meaning given by section 187(2) of the Taxes Act;
“savings-related share option scheme” has the meaning given by paragraph 1 of Schedule 9 to the Taxes Act;
d
after the definition of “share” there shall be inserted–
“single company plan” has the meaning given by regulation 4A;
2
In regulation 2(2) for the Table there shall be substituted —
Term defined Regulation
Annual claim 20 Designated company 4A(1)(a) Interim claim 19 Paired shares 6B(4) Plan 4(1) Qualifying EC shares 6(2)(aa) Qualifying individual 7 Qualifying investments for general plans 6 Qualifying investments for single company plans 6B Subscription limit 4(4).
4
1
In regulation 4(1)–
a
before sub-paragraph (a) there shall be inserted–
aa
that it is either a general plan or a single company plan;
;
b
in sub-paragraph (a) for the word “plan” there shall be substituted the words “general plan, or as the case may be the only single company plan,”;
c
in sub-paragraph (c) after the words “paragraph (2)” there shall be inserted the words “and, in the case of a single company plan, to regulation 4A(2),” and after the words “subscription limit” there shall be inserted the words “, or in the case of a single company plan one half of the subscription limit,”.
2
Regulation 4(3)(b) shall be renumbered as paragraph (i) of that sub-paragraph.
3
In regulation 4(3)(b)(i)–
a
before the word “that” there shall be inserted the words “in the case of a general plan,”;
b
after the words “in any year” there shall be added the word “, or”.
4
After regulation 4(3)(b)(i) there shall be added–
ii
in the case of a single company plan, that any such sums and the aggregate market value at the date of transfer of any shares transferred to the plan manager or his nominee in accordance with regulation 4A(2) and the individual’s cash subscription to the plan do not together exceed one half of the subscription limit in any year.
5
After regulation 4 there shall be inserted–
Special conditions for single company plans
4A
1
A single company plan is a plan in respect of which the following conditions must also be fulfilled–
a
that only one company (“the designated company”) is designated by the plan manager for the purposes of the plan at any time;
b
that, before accepting any subscriptions to the plan or the transfer of any shares to be held under the plan in his name or that of his nominee, the plan manager has notified the Board of his intention to manage single company plans;
c
that within 42 days after receipt by the plan manager of either–
i
any amount of the cash subscription to the plan in any year, or
ii
the consideration moneys for the disposal of any shares held under the plan,
the whole or substantially the whole of that amount or, where consideration moneys are received following a disposal, of the cash then held under the plan, shall be invested in ordinary shares or qualifying EC shares in the designated company or in paired shares where one of the bodies corporate is the designated company;
d
that where the whole or substantially the whole of that amount or that cash, as the case may be, is not so invested within the period specified in sub-paragraph (c), that amount or that cash shall be transferred to the plan investor together with interest thereon within 14 days after the end of that period.
2
Subject to the conditions prescribed by paragraph (3), a single company plan fulfils the condition in regulation 4(1)(c) if the qualifying individual subscribes to it by the transfer to the plan manager, or a nominee for the plan manager, of shares in the designated company which the qualifying individual has exercised the right to acquire, or which have been appropriated to the qualifying individual, in accordance with the provisions of a savings-related share option scheme or an approved profit-sharing scheme.
3
The conditions prescribed by this paragraph are–
a
in relation to shares which the individual has exercised his right to acquire in accordance with the provisions of a savings-related share option scheme, that the shares are transferred to the plan manager or his nominee before the expiry of the period of 90 days following the exercise of that right;
b
in relation to shares appropriated to the individual in accordance with the provisions of an approved profit-sharing scheme, that the shares are transferred to the plan manager or his nominee before the expiry of the period of 90 days following the date when the individual directed the trustees to transfer the ownership of the shares to him or, if earlier, the release date in relation to the shares;
c
that the aggregate market value at the date of transfer of any shares transferred to the plan manager or his nominee in accordance with sub-paragraph (a) or (b), any sum payable on such application as is referred to in regulation 4(2A)(a), any sum payable for such an allotment or allocation as is referred to in regulation 4(2A)(b) and the individual’s cash subscription to the plan do not together exceed one half of the subscription limit in any year.
4
The provisions of these Regulations apply in all other respects, but with any necessary modifications, to single company plans in the same way as they apply to general plans.
6
1
In regulation 5(3) after the word “designated” there shall be inserted the words “as a general plan account or a single company plan account.”
2
For regulation 5(4) and (5) there shall be substituted–
4
Subject to paragraph (5) cash by way of dividends, other rights or proceeds in respect of shares, not being shares in an investment trust, which are held as plan investments may be invested only by way of cash deposit or–
a
in the case of a general plan, in other such shares, or
b
in the case of a single company plan, in other shares in the designated company or paired shares where one of the companies is the designated company, or in shares which are qualifying investments for single company plans within the meaning of regulation 6B(2) and have been issued by a company which has issued shares representing shares in the designated company.
5
Cash referred to in paragraph (4)–
a
in the case of a general plan, may be invested in an authorised unit trust, in a fund of funds or in an investment trust, satisfying in each case the condition specified in regulation 6(3)(b), provided that immediately after such an investment is made the total market value of plan investments in authorised unit trusts, funds of funds and investment trusts does not exceed one half of the market value of the portfolio; and
b
in the case of a single company plan, may also be invested in shares in the designated company, which are not qualifying investments for single company plans within the meaning of regulation 6B(2), where other such shares are already held under the plan by virtue of having been transferred in accordance with regulation 4A(2).
7
1
In regulation 6(1) for the words “(“qualifying investments”)” there shall be substituted the words “(“qualifying investments for general plans”) ” and before the word “plan” there shall be inserted the word “general”.
2
In regulation 6(2) —
a
after the word “investments” there shall be inserted the words “for general plans”;
b
after sub-paragraph (a) there shall be inserted–
aa
subject to the conditions specified in paragraph (2A), shares (“qualifying EC shares”) which–
i
have been issued by a company which is incorporated in a member State other than the United Kingdom, and
ii
are officially listed on a recognised stock exchange in a member State;
c
sub-paragraph (ba) shall be omitted;
d
in sub-paragraph (c) after the words “qualifying investments” there shall be inserted the words “for general plans” and for the words “sub-paragraph (a) or (b)” there shall be substituted the words “sub-paragraph (a), (aa) or (b)”.
3
After regulation 6(2) there shall be inserted–
2A
The conditions specified in this paragraph are–
a
that the shares–
i
form part of the authorised share capital of the company;
ii
carry no preferential rights to dividends or to the property of the company in a liquidation;
iii
are not shares which carry no right to share in the profits of the company except a right to dividends of a fixed amount or at a fixed rate per cent. of their nominal value;
iv
are not shares which carry no such right as is mentioned in paragraph (iii) but carry a right to conversion into shares which carry such a right;
v
do not carry fixed, guaranteed or secured rights of redemption; and
b
that the company which issued the shares–
i
is not an open-ended investment company as defined in section 75(8) of the Financial Services Act 1986 ;
ii
does not derive the principal part of its income from holdings of shares in other companies where each such holding represents 15 per cent. or less by value of the investing company’s investments.
4
In regulation 6(3)(a) for the words “, investment trusts and paired shares” there shall be substituted the words “and investment trusts”.
5
In regulation 6(3)(b)–
a
in paragraph (i)–
i
after the words “United Kingdom” there shall be inserted the words “or qualifying EC shares”, and
ii
after the words “such ordinary shares” there shall be substituted the words “or qualifying EC shares”;
b
in paragraph (ii) after the words “United Kingdom” there shall be added the words “or qualifying EC shares”.
6
Regulation 6(5) shall be omitted.
8
After regulation 6A there shall be inserted–
Qualifying investments for single company plans
6B
–
1
This regulation specifies the kinds of investments (“qualifying investments for single company plans”) which may be purchased, made or held under a single company plan.
2
Qualifying investments for single company plans to which paragraph (1) refers are —
a
where the designated company is a company, not being an investment trust, which satisfies the description specified in regulation 6(2)(a), ordinary shares issued by the designated company and ordinary shares or qualifying EC shares representing those shares;
b
where the designated company is a company which satisfies the conditions specified in regulation 6(2A)(b), qualifying EC shares issued by that company and qualifying EC shares or ordinary shares representing those shares;
c
investments in units comprising ordinary shares or qualifying EC shares in the designated company which are paired with ordinary shares in another company, not being an investment trust, which satisfies the description specified in regulation 6(2)(a) or qualifying EC shares in another company which satisfies the conditions specified in regulation 6(2A)(b);
d
subject to regulation 4A(1)(c), cash deposited in accordance with regulation 5(3)which the plan manager holds for the purpose of investment in such ordinary shares, qualifying EC shares or paired shares.
3
Shares in the designated company which are not qualifying investments for single company plans within the meaning of paragraph (2), and which have been transferred in accordance with regulation 4A(2), may also be held under a single company plan but may only be purchased in the circumstances described in regulation 5(5)(b).
4
For the purposes of these Regulations shares in the designated company are paired with shares in another company where–
a
the articles of association or other instruments governing each of the companies provide that no share in the company to which they relate may be transferred otherwise than as part of a unit comprising one share in that company and one share in the other; and
b
such units have been offered for sale to the public at the same time and at the same price or, if such units have been offered for sale to the public in more than one country, the offers were made in each country at the same time and at a broadly equivalent price.
5
For the purposes of these Regulations shares represent other shares when a transaction occurs in relation to the original holding which would, apart from anything in these Regulations, result in a new holding being equated with the original holding for the purposes of capital gains tax.
9
In regulation 7(2)(b) for the word “plan” there shall be substituted the words “general plan, or as the case may be any other single company plan,”.
10
In regulation 9(3)(c) for the word “plan” there shall be substituted the words “general plan, or as the case may be any other single company plan,”.
11
After regulation 16(a)(v) there shall be added–
vi
details of the plans which are being transferred specifying which of them are general plans and which are single company plans;
.
12
In regulation 17A–
a
in paragraph (1)(b) after the word “year” there shall be inserted “in relation to a particular plan”;
b
in paragraph (2)(a)(ii) after the word “year” there shall be added “in relation to the plan”.
13
In regulation 27(3) after the words “ordinary shares” there shall be inserted the words “or qualifying EC shares”.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1991