text:
PART I
Citation and Commencement
1
These Regulations may be cited as the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 and shall come into force on 1st June 1990.
Revocation
2
The Regulations specified in the Schedule to these Regulations are hereby revoked.
PART II
Interpretation
3
1
In this Part of the Regulations unless the context otherwise requires–
“the 1981 Act” means the Public Passenger Vehicles Act 1981;
“the 1985 Act ” means the Transport Act 1985;
“licence” means a licence to drive a vehicle granted under section 22 of the 1981 Act;
“ticket” means a document which, in accordance with the terms and conditions under which it has been issued, constitutes a valid authority to travel on a vehicle;
“vehicle” means any vehicle used as a public service vehicle as defined in the 1981 Act but excluding any vehicle used under a permit granted by virtue of section 19 of the 1985 Act.
2
For the purposes of this Part of the Regulations, a sum payable by a passenger on the vehicle shall not be regarded as a fare unless–
a
it is computed in accordance with a fare table available on the vehicle; and
b
the fare table contains sufficient information to enable the passenger to ascertain the fare for his journey or the manner in which it is computed.
3
In this Part of the Regulations, in relation to a vehicle–
“conductor” means a person, not being the driver, who is authorised by the operator to act as a conductor on the vehicle, but does not include an inspector; and
“driver” means a person who is the holder of a licence and who is for the time being responsible for driving the vehicle.
4
In this Part of the Regulations, any reference to a numbered regulation is a reference to the regulation bearing that number in this Part of the Regulations.
5
In this Part of the Regulations, any reference to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in the regulation or (in the case of a sub-paragraph) paragraph in which the reference appears.
The conduct of drivers, inspectors and conductors
4
1
A driver shall not, when a vehicle is in motion, hold a microphone or any attachment thereto unless it is necessary for him, either in an emergency or on grounds of safety, to speak into the microphone.
2
Subject to paragraph (3), a driver shall not, when a vehicle is in motion, speak to any person either directly or by means of a microphone.
3
Nothing in paragraph (2) shall prevent–
a
the driver of a vehicle from–
i
speaking in circumstances when he is obliged to do so by reason of an emergency or on grounds of safety; or
ii
speaking to a relevant person in relation to the operation of the vehicle provided that he can do so without being distracted from his driving of the vehicle; and
b
the driver of a vehicle which is being used to provide a relevant service from making short statements from time to time limited to indicating the location of the vehicle or operational matters provided that he can do so without being distracted from his driving of the vehicle.
4
In this regulation–
a
“relevant person” is a person fulfilling one of the following descriptions–
i
an employee of the operator;
ii
when the operator is a firm, a partner of the firm;
iii
if the operator is an individual, that individual; or
iv
if the operator is a company, a director; and
b
“relevant service” is a service for the carriage of passengers for hire or reward at separate fares which is neither–
i
an excursion or tour within the meaning of section 137(1) of the 1985 Act; nor
ii
a service the primary purpose of which is sightseeing, not falling within sub-paragraph (i).
5
1
A driver and a conductor shall take all reasonable precautions to ensure the safety of passengers who are on, or who are entering or leaving, the vehicle.
2
A driver, inspector and conductor shall take all reasonable steps to ensure that the provisions of these Regulations relating to the conduct of passengers are complied with.
3
A driver, inspector or conductor–
a
shall, if so requested by a constable or other person having reasonable cause, give his name, the person by whom he is employed and, in the case of a driver, particulars of the licence by virtue of which he drives the vehicle; and
b
shall not smoke in or on a vehicle except in one of the circumstances specified in paragraph (4).
4
The circumstances referred to in paragraph (3)(b) are that–
a
the vehicle is not available for the carriage of passengers and the person concerned is in or on any part of the vehicle where smoking by passengers is not prohibited by regulation 6(1)(d); or
b
the vehicle is hired as a whole and the person concerned has the permission of the operator and the hirer.
5
A driver shall, when picking up or setting down passengers, stop the vehicle as close as is reasonably practicable to the left or near side of the road.
6
A conductor shall not, while the vehicle is in motion and without reasonable cause, distract the driver’s attention or obstruct his vision.
The conduct of passengers
6
1
No passenger on a vehicle shall–
a
where the vehicle has a door which passengers are by a notice informed is for a particular purpose, use that door for any other purpose, unless otherwise directed or authorised by a driver, inspector or conductor;
b
put at risk or unreasonably impede or cause discomfort to any person travelling on or entering or leaving the vehicle, or a driver, inspector, conductor or employee of the operator when doing his work on the vehicle;
c
throw or trail any article from the vehicle;
d
smoke or carry lighted tobacco or light a match or a cigarette lighter in or on any part of the vehicle where passengers are by a notice informed that smoking is prohibited, unless the vehicle has been hired as a whole and both the operator and the hirer have given their permission to the contrary;
e
except with the permission of the operator, distribute any paper or other article for the purpose of giving or seeking information about or comment upon any matter;
f
except with the permission of the operator, sell or offer for sale any article;
g
speak to the driver unless–
i
in an emergency or on grounds of safety; or
ii
it is to give directions as to the stopping of the vehicle;
h
without reasonable cause distract the driver’s attention, obstruct his vision or give any signal which might reasonably be interpreted by the driver as a signal–
i
to stop the vehicle in an emergency; or
ii
to start the vehicle;
j
travel on any part of the vehicle which is not provided for the carriage of passengers;
k
remain on the vehicle, when directed to leave by the driver, inspector or conductor on the following grounds–
i
that his remaining would result in the number of passengers exceeding the maximum seating capacity or the maximum standing capacity marked on the vehicle in accordance with the Public Service Vehicles (Carrying Capacity) Regulations 1984 ;
ii
that he has been causing a nuisance; or
iii
that his condition is such as would be likely to cause offence to a reasonable passenger or that the condition of his clothing is such that his remaining would be reasonably expected to soil the fittings of the vehicle or the clothing of other passengers;
l
play or operate any musical instrument or sound reproducing equipment to the annoyance of any person on the vehicle or in a manner which is likely to cause annoyance to any person on the vehicle; or (m) intentionally interfere with any equipment with which the vehicle is fitted.
2
Subject to paragraph (3), a passenger on a vehicle who has with him any article or substance mentioned in paragraph (4) or any animal–
a
if directed by the driver, inspector or conductor to put it in a particular place on the vehicle, shall put it where directed; and
b
if requested to move it from the vehicle by the driver, inspector or conductor, shall remove it.
3
Paragraph (2)(b) shall not apply to the bearer of a card issued by the Guide Dogs for the Blind Association who has with him a guide dog unless–
a
the vehicle is–
i
a double-decked vehicle; or
ii
a single-decked vehicle of which the overall length is 8.5 metres or more; and there are already two or more dogs on board; or
b
the vehicle is a single-decked vehicle of which the overall length is less than 8.5 metres and there is already one dog or more than one dog on board.
4
The article or substance referred to in paragraph (2) is–
a
any bulky or cumbersome article;
b
any article or substance which causes or is likely to cause annoyance to any person on the vehicle; or
c
any article or substance which would be reasonably expected to constitute–
i
a risk of injury to any person on the vehicle; or
ii
a risk of damage to the property of any person on the vehicle or to the vehicle.
5
In this regulation, “double-decked vehicle”, “single-decked vehicle” and “overall length” have the meanings given by the Road Vehicles (Construction and Use) Regulations 1986 .
7
1
No passenger on a vehicle being used for the carriage of passengers at separate fares shall use any ticket which has–
a
been altered or defaced;
b
been issued for use by another person on terms that it is not transferable; or
c
expired.
2
Save as provided in paragraph (3), every passenger on a vehicle being used for the carriage of passengers at separate fares shall–
a
declare, if so requested by the driver, inspector or conductor, the journey which he intends to take, is taking or has taken in the vehicle;
b
where the vehicle is being operated by the driver without a conductor–
i
save as provided in (ii) below, immediately on boarding the vehicle, pay the fare for the journey he intends to take to the driver or, where appropriate, by inserting in any fare-collection equipment provided on the vehicle the money or token required to pay that fare; or
ii
if otherwise directed by the driver, an inspector or a notice displayed on the vehicle, shall pay the fare for his journey in accordance with the direction;
c
where the vehicle is being operated by the driver with a conductor, pay the fare for the journey which he intends to take, is taking, or has taken in the vehicle to the conductor immediately on being requested to do so by the conductor or an inspector;
d
accept and retain for the rest of his journey any ticket which is provided on payment of a fare in accordance with sub-paragraph (b) or (c);
e
produce during his journey any ticket which has been issued to him either under sub-paragraph (d) or before he started his journey for inspection by the driver, inspector or conductor on being requested to do so by the driver, inspector or conductor; and
f
as soon as he has completed the journey for which he has a ticket, either–
i
leave the vehicle; or
ii
pay the fare for any further journey which he intends to take on the vehicle.
3
Paragraph (2)(b) and (c) do not apply to a passenger who has with him a ticket which was issued to him before his journey in respect of that journey, provided he complies with all such directions in relation to the ticket as may be–
a
printed on the ticket;
b
displayed on the vehicle; or
c
given by the driver, inspector or conductor.
4
Any passenger who–
a
fails to comply with paragraph 2(b) or (c); or
b
does not have with him a ticket which was issued to him before his journey in respect of that journey;
shall pay the fare for his journey to the driver, inspector or conductor on request and in any case before he leaves the vehicle unless otherwise agreed by the driver, inspector or conductor.
5
Any passenger on a vehicle being used for the carriage of passengers at separate fares who has with him a ticket which he is not entitled to retain for any reason including–
a
the alteration or defacement of the ticket;
b
the fact that the ticket, having been issued for use by another person, was not transferable to him;
c
the expiry of the ticket; or
d
a mistake in consequence of which the ticket was issued;
shall surrender the ticket to a driver, inspector or conductor on being required to do so.
8
1
Any passenger on a vehicle who is reasonably suspected by the driver, inspector or conductor of the vehicle of contravening any provision of these Regulations shall give his name and address to the driver, inspector or conductor on demand.
2
Any passenger on a vehicle who contravenes any provision of these Regulations may be removed from the vehicle by the driver, inspector or conductor of the vehicle or, on the request of the driver, inspector or conductor, by a police constable.
9
In its application to Scotland, regulation 8(1) shall have effect as if after the word “address” there were inserted the words “to a police constable or”.
PART III
Amendment of Regulations
10
The Community Bus Regulations 1986 shall be amended by the substitution for regulation 2(1)(c) of the following–
c
he shall, while driving the vehicle, comply with the requirements specified in relation to a driver licensed to drive a public service vehicle when acting as the driver of such a vehicle in regulations 4 and 5(1), and sub-paragraph (a) in so far as it relates to giving particulars of his licence and his name and (b) of regulation 5(3) of the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 .
.
Signed by authority of the Secretary of State for Transport
Michael Portillo
Minister of State,
Department of Transport
2nd May 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and expiration
1
1
This Order may be cited as the A1 Trunk Road (Haringey) Red Route Experimental Traffic Order 1990.
2
This Order shall come into force on 1st January 1991 and remain in force until 29th June 1992.
Interpretation
2
1
In this Order–
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” and “London local service licence” have the same meaning as in Part II of the Transport Act 1985 ; and
“trunk road red route” has the meaning given in article 3.
2
References in this Order to a disabled person, to a disabled person’s vehicle and to a vehicle displaying a disabled person’s badge in the relevant position shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulation 1986 .
3
For the purposes of this Order, a vehicle shall be deemed–
a
to have stopped or to be at rest in a length of road specified in a Schedule if any point in that length of road is below the vehicle or its load (if any) and the vehicle is at rest; or
b
to have waited for more than a period specified in article 4(3) in a length of road specified in a Schedule, if any one point in that length of road is below the vehicle or its load (if any) throughout a period exceeding the specified period whether or not the vehicle is moved during that period;
and for the purposes of article 4(3), any time during which a vehicle is at rest in the circumstances set out in articles 6 to 10 shall not be regarded as a previous period when that vehicle was at rest.
4
A reference in this Order to a length of road specified in a Schedule or in Part of a Schedule is–
a
if the Schedule is Schedule 1, a reference to every part of the length of road described in a single paragraph in that Schedule; or
b
if the Schedule is Schedule 2, 3 or 4, a reference to every part of the length of road described in a single paragraph of the Schedule or Part of the Schedule in question, which lies between the edge of the carriageway and the centre of the road on the side stated in that paragraph or otherwise indicated in that Schedule;
and a reference to the name of a road is, where applicable, a reference to so much of that road which is in the London Borough of Haringey.
5
Unless the context otherwise requires, a reference in this Order–
a
to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order; and
b
to a numbered paragraph is a reference to the paragraph bearing that number in the article in which the reference occurs.
Application
3
This Order shall apply to every part of the lengths of road in the London Borough of Haringey specified in Schedule 1 (such lengths being referred to in this Order as the “trunk road red route”).
Restrictions on vehicles stopping or remaining at rest
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the prescribed hours in any length of road specified in Schedule 1.
2
Paragraph (1) does not apply to any length of road specified in Part I of Schedule 2.
3
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours–
a
in any length of road specified in Part II of Schedule 2 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road;
b
in any length of road specified in Part III of Schedule 2 for a period of up to 20 minutes not being a period separated by an interval of less than 40 minutes from a previous period when that vehicle was at rest in that length of road; or
c
in any length of road specified in Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle–
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes,
whichever is the less.
4
In this article, “prescribed hours”, in relation to a length of road specified in a Part of a Schedule shown in an item in column (3) of the Table below means a period shown in that item in column (2) of that Table.
TABLE
(1) (2) (3) Item Prescribed hours Provision
1 0800 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 1 Schedule 2, Part II 2 1000 hours to 1600 hours on Mondays to Fridays inclusive. Schedule 2, Part III Schedule 3
Prohibitions on vehicles stopping or remaining at rest
5
Notwithstanding anything in article 4, no person shall cause or permit a vehicle to stop or remain at rest at any time–
a
in any part of the trunk road red route other than at the edge of the carriageway; or
b
in any length of road specified in Schedule 4 (all such lengths being comprised in the trunk road red route).
Exemptions from prohibitions and restrictions
6
Nothing in this Order applies to a vehicle being used for the provision of a London bus service–
a
under a London local service licence; or
b
for which such a licence is not required by virtue of section 35(2) or 36(1) of the Transport Act 1985;
when in an area bounded by a traffic sign consisting of markings of a type shown in diagram 1025 or 1025.2 of the Traffic Signs Regulations and General Directions 1981 .
7
Nothing in this Order prohibits a person from causing or permitting–
a
a licensed cab to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a person to board or alight from the vehicle or to load or unload his personal luggage;
b
a vehicle which is displaying a disabled person’s badge in the relevant position to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
c
a disabled person’s vehicle to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
d
a vehicle to wait at any place for so long as may be necessary for the purpose of obtaining or giving help required as a result of an accident or emergency or taking any other action in the interests of public safety; or
e
a vehicle to wait at any place while any gate or other barrier at the entrance to premises to which the vehicle is proceeding, or from which it has emerged, is opened or closed, if it is not reasonably practicable for the vehicle to wait at a place where it would otherwise be lawful for the vehicle to wait.
8
Nothing in this Order applies to–
a
a vehicle being used–
i
for fire brigade, ambulance or police purposes;
ii
for the removal of any obstruction to traffic; or
iii
in connection with the maintenance, improvement or reconstruction of any road;
b
a vehicle when the person in control is–
i
required by law to stop or not to proceed;
ii
obliged to stop in order to avoid an accident; or
iii
prevented from proceeding by circumstances outside his control; or
c
a licensed cab on a cab rank.
9
Nothing in this Order applies to anything done with the permission or at the direction of a constable in uniform or a traffic warden.
Suspension of other instruments
10
There is suspended in their application to the lengths of road specified in the Schedules–
a
the Greater London (Waiting Restriction) (Exemptions for Disabled Persons) Order 1975 ; and
b
the Haringey (Waiting and Loading Restriction) Order 1978 .
Power to modify or suspend this Order
11
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after–
a
consulting with the Commissioner of Police of the Metropolis; and
b
giving such notice as the Secretary of State may direct;
make modifications of any description (other than additions) to this Order or suspend this Order or any provision of this Order.
12
The power to make modifications under article 13 does not include power to designate additional parking places on a highway for which charges are made.
Signed by authority of the Secretary of State for Transport
P E Butler
Assistant Secretary London Regional Directorate of the
Department of Transport
11th December 1990


text:
1
These Regulations may be cited as the Parish and Community Councils (Committees) Regulations 1990 and shall come into force on 1st January 1991.
2
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989;
“financial year” means a period of twelve months ending on 31st March.
3
1
The following functions when performed by a committee of a parish or community council are prescribed for the purposes of section 13(4)(g) of the 1989 Act —
a
the management of land owned or occupied by the council;
b
where the council are a harbour authority as defined in section 57(1) of the Harbours Act 1964 , their functions as such;
c
any function under section 144 of the 1972 Act relating to the promotion of tourism;
d
any function under section 145 of the 1972 Act relating to the management of a festival.
2
For the purposes of paragraph (1)(a) and (d), “management” does not include the determination of the total amount of money which may be expended in any financial year by the council in respect of the land or festival.
4
A sub-committee of a parish or community council appointed exclusively to discharge any of the functions mentioned in regulation 3(1) is prescribed for the purposes of section 13(4)(h) of the 1989 Act; and the case of a member of such a sub-committee is prescribed for the purposes of section 13(3)(b) of that Act.
Michael Heseltine
Secretary of State for the Environment
6thDecember 1990
David Hunt
Secretary of State for Wales
6thDecember 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
In these regulations, unless the context otherwise requires, “the principal Regulations ” means the Control of Substances Hazardous to Health Regulations 1988 .
Amendment to the principal Regulations
2
For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
8th October 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Modification of Time Limit) Regulations 1990 and shall come into force on 9th May 1990.
2
In these Regulations–
a
“family” shall have the meaning assigned to it by section 20(11) of the Social Security Act 1986 as it applies to income support
b
“the principal Regulations” shall mean the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ;
c
the expressions “capital limit”; “income support”, “relevant charges” and “relevant travelling expenses” shall have the same meanings as in the principal Regulations.
Modification of time limit
2
1
Where–
a
a person pays any relevant charge or relevant travelling expenses on a day (“the qualifying day”) falling on or after 9th April 1990 but before 28th May 1990; and
b
that person, or another person who is a member of the same family as that person–
i
makes a claim not later than 27th May 1990 for income support in respect of the qualifying day, and
ii
receives notice after the qualifying day that he is entitled to income support in respect of the qualifying day; and
c
on the qualifying day the capital resources of that person or, as the case may be, that other person, calculated for the purpose of determining his entitlement to income support–
i
did not exceed the capital limit, but
ii
would have exceeded the capital limit had the amount prescribed in regulation 45 of the Income Support (General) Regulations 1987 then been £6,000,
regulation 8(2) of the principal Regulations shall have effect in the case of that person so as to require him to make his claim for repayment by no later than the day falling one month after the date on which he, or the other member of his family, receives the notice mentioned in sub-paragraph (b)(ii) of this paragraph.
2
Where–
a
a person pays any relevant charge or relevant travelling expenses on any day falling on or after 9th April 1990 but before 28th April 1990;
b
on that day–
i
his capital resources, calculated in accordance with regulation 6 of the principal Regulations, do not exceed the capital limit, but
ii
his capital resources would have exceeded the capital limit had the amount prescribed in regulation 45 of the Income Support (General) Regulations 1987 then been £6,000; and
c
neither that person nor any other person who is a member of the same family as that person, makes a claim on or before 27th May 1990 for income support in respect of that day,
regulation 8(2) of the principal Regulations shall have effect in his case as if for the words from “within” to “expenses” there were substituted the words “on or before 27th May 1990”.
Signed by authority of the Secretary of State for Health
Roger Freeman
Parliamentary Under-Secretary of State
Department of Health
17th April 1990


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 6 and Miscellaneous Provisions) Order 1990.
2
In this Order “ the Act ” means the Local Government and Housing Act 1989.
3
Sections 33 to 35 of the Act (insofar as not already in force) and section 194(1) of the Act, insofar as it relates to paragraph 19 of Schedule 11, shall come into force on 1st April 1990.
4
Schedule 1 to the Local Government and Housing Act 1989 (Commencement No. 5 and Transitional Provisions) Order is hereby amended —
a
in sub-paragraph (a) of paragraph 1, after the reference to the Local Government Finance Act 1982 , by the insertion of the words “, section 75 of the Local Government Act 1985 and section 177(4) of the Education Reform Act 1988 ”;
b
after paragraph 1, by the insertion of the following paragraph —
1A
The repeal on 1st April 1990 of section 72(3)(c) of the Local Government, Planning and Land Act 1980 does not affect the power of the appropriate Minister to specify under that section an amount of prescribed expenditure for the financial year ending 31st March 1990.
; and
c
in paragraph 3, by the omission of the words “regulation 23(2) of” and the insertion at the end of the words “with respect to stock issued before 1st April 1990”.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
27th March 1990


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) (1987 — 88) Regulations 1990 and shall come into force on 6th April 1990 but shall have effect for the year of assessment 1987 — 88 only.
2
Except for regulations 2, 3, 7 and 21(1) to (3), the Lloyd’s Underwriters (Tax) Regulations 1974 shall not have effect for the year of assessment 1987 — 88.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“Board” means the Commissioners of Inland Revenue;
“member” means an underwriting member of Lloyd's;
“Schedule 16” means Schedule 16 to the Finance Act 1973 and “Schedule 16A” means Schedule 16A to that Act;
“syndicate gains” means the chargeable gains accruing to a member on the disposal of assets forming part of a premiums trust fund;
“syndicate investment income” means the profits or gains arising to a member from assets forming part of a premium trust fund;
“the Taxes Acts ” means the Taxes Management Act 1970 and —
the Tax Acts as defined in Schedule 1 to the Interpretation Act 1978 , as originally enacted, and
the Capital Gains Tax Act 1979 and all other enactments relating to capital gains tax.
2
For the purposes of these Regulations an underwriting year corresponds to the year of assessment in which it ends.
Assessment and collection: general
3
1
Subject to paragraph (2) and regulations 4 to 9, the like provisions as are contained in the Taxes Acts relating to the assessment and collection of tax shall have effect in relation to tax charged in accordance with Schedule 16.
2
The like provisions as are specified in the first column of the Schedule to these Regulations shall have effect in relation thereto as if the modifications specified in the second column had been made.
Date for payment
4
1
Subject to paragraph (2) —
a
tax charged by an assessment on —
i
the profits or gains arising to a member from his underwriting business, and
ii
the profits or gains arising to him from assets forming part of a premiums trust fund,
shall be payable on or before 1st July 1991, and
b
tax charged by an assessment on a member’s syndicate gains shall be payable on or before 1st January 1991.
2
Tax contained in an assessment made less than 30 days before, or after, the date specified in sub-paragraph (a) or (b) of paragraph (1) shall be payable at the expiration of a period of 30 days beginning with the date of the issue of the notice of assessment.
Set-off
5
1
Where any syndicate profit or loss returned by an agent under paragraph 2(1) of Schedule 16A includes any syndicate investment income which has suffered tax by way of deduction, the tax so deducted shall be set in the first place against the amount (if any) payable under paragraph 3(1)(a) of Schedule 16A.
2
Where, under the provisions of section 87 of the Finance Act 1972 , the aggregate amount of any such income includes an amount of tax credit, the amount of that credit shall be set in the first place against the amount so payable.
3
Where any such income includes interest or dividends to which the Income Tax (Building Societies) Regulations 1986 apply, the amount actually paid or credited shall be deemed to be a net amount corresponding to a gross amount from which income tax has been deducted at the basic rate for the year 1987 — 88.
Repayment
6
Where —
a
any tax suffered by way of deduction on any syndicate investment income, or
b
the amount of any tax credit included in the aggregate amount of any such income,
exceeds the amount (if any) payable by an agent under paragraph 3(1)(a) of Schedule 16A, the inspector shall pay the excess tax to the agent or, as the case may be, give credit to him for the balance of the tax credit.
Reasonable excuse
7
For the purposes of Schedule 16A, an agent shall be deemed not to have failed —
a
to deliver a return of a syndicate profit or loss within the time specified in paragraph 2(2) of that Schedule, or
b
to deliver a return apportioning a syndicate profit or loss within the period referred to in paragraph 7(3) of that Schedule,
if he delivered it within such further time, if any, as the inspector may have allowed; and where an agent had a reasonable excuse for not delivering such a return he shall be deemed not to have failed to deliver it unless the excuse had ceased and, after the excuse ceased, not to have failed to deliver it if he did so without unreasonable delay after the excuse had ceased.
Determinations and notices of determinations
8
The like provisions as are contained in sections 113(1B) and (3) and 114(2) of the Taxes Management Act 1970 shall apply to a determination or a notice of a determination under Schedule 16A as if the determination were an assessment and the notice of the determination were a notice of an assessment.
Error or mistake
9
1
If an agent alleges that a determination under paragraph 4 of Schedule 16A was excessive because of some error or mistake in a return made by him under paragraph 2 of that Schedule, he may by notice in writing at any time not later than six years after the end of the year of assessment 1989 — 90 make a claim to the Board for relief.
2
On receiving the claim the Board shall inquire into the matter and having regard to all the relevant circumstances of the case, but subject to paragraph (3), give by way of repayment or otherwise such relief in respect of the error or mistake as is reasonable and just.
3
No relief shall be given under this regulation in respect of an error or mistake as to the basis on which the syndicate profit or loss ought to have been computed where the return was in fact made on the basis or in accordance with the practice generally prevailing at the time when the return was made.
4
An appeal may be brought against the decision of the Board on the claim, by giving written notice to the Board within 30 days of receipt of written notice of that decision and the Special Commissioners shall hear and determine the appeal in accordance with the principles to be followed by the Board in determining claims under this regulation; and either the appellant or the Board shall be entitled to require a case to be stated under the like provisions as are contained in section 56 of the Taxes Management Act 1970 but only on a point of law arising in connection with the computation of profits or losses.
5
In this regulation “return” includes the documents referred to in paragraph 2(1)(b) and (c) of Schedule 16A.
Agents
10
1
For the purposes of Schedule 16A and of these Regulations, if the person who is acting as agent in respect of the underwriting year corresponding to the year of assessment 1987 — 88 is different from the person who was so acting at the end of that underwriting year (in this regulation referred to as “the original agent”), then “agent” has the meaning given to it by sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (2).
2
If the original agent ceases so to act —
a
before the beginning of the year of assessment 1990 — 91, then “agent” means —
i
the person who is so acting at the beginning of that year of assessment, or
ii
if that person ceases so to act, such person as the Board may determine having regard to all the circumstances;
b
after the end of the year of assessment 1989 — 90, then “agent” means such person as the Board may determine having regard to all the circumstances.
T.J. Painter
S.C.T. Matheson
Two of the Commissioners of Inland Revnue
16th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment ( No. 4) Regulations 1990, and shall come into force on 22nd October 1990.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and “Regulation” means a regulation contained in Schedule 1 to the principal Regulations (which, with extensions and modifications, are provisions of the Income Tax (Employments) Regulations 1973 as they apply to earnings-related contributions under the Social Security Act 1975 ).
Amendments of Schedule 1 to the principal Regulations
2
1
After Regulation 2 (interpretation) there shall be inserted the following Regulation —
Multiple employers
2A
Where an employer has made an election under Regulation 2A of the Income Tax Regulations to be treated as a different employer in respect of each group of employees specified in the election, he shall be treated as having made an identical election for the purposes of these Regulations.
.
2
At the end of Regulation 30 there shall be added the following paragraph —
7
Section 98A of the Taxes Management Act 1970 (penalties for late, fraudulent or negligent returns) as modified by the provisions of paragraph 5A of Schedule 1 to the Social Security Act 1975 shall apply in relation to the requirement to make a return contained in paragraph (1) of this Regulation.
.
3
At the end of Regulation 51 there shall be added the following paragraph —
10
Section 98A of the Taxes Management Act 1970 (penalties for late, fraudulent or negligent returns) as modified by the provisions of paragraph 5A of Schedule 1 to the Social Security Act 1975 shall apply in relation to the requirement to make a return contained in paragraph (6) of this Regulation.
.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
21stSeptember 1990
The Commissioners of Inland Revenue hereby concur
A. J. G. Isaac
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
24th September 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment No. 3 Regulations 1990 and shall come into force on 14th January 1991.
2
In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 6 of the General Regulations
2
In regulation 6 of the General Regulations (circumstances in which a person is to be treated as liable to make payments in respect of a dwelling) at the beginning there shall be inserted the words “Subject to regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling),”.
Amendment of regulation 7 of the General Regulations
3
In regulation 7 of the General Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) at the end there shall be added the following —
e
a person, except one to whom paragraph (2) applies, who is in residential accommodation.
2
This paragraph applies to a person who —
a
is in remunerative work; or
b
is liable to make payments in respect of the dwelling to a close relative with whom he does not reside and the tenancy or other agreement between them is on a commercial basis; or
c
was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or
d
became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to the appropriate DSS office or designated office in accordance with regulation 72(4) (time and manner in which claims are made), before that date.
3
In this regulation “residential accommodation” means accommodation which is provided by an establishment —
a
registered under Part I of the Registered Homes Act 1984 ;
b
in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;
c
in premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes);
d
in any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as are mentioned in any of sub-sections (1)(a) to (c) of section 21 or section 22(1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10(2) of the Nursing Homes Registration (Scotland) Act 1938 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter;
e
in Scotland —
i
in premises which are a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes);
ii
in premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 (private hospitals) and which are registered under that Act; or
f
in respect of which —
i
a person has been registered under the Registered Homes Act 1984 and which has ceased to be a residential care home or, as the case may be, a nursing home within the meaning of that Act; and
ii
an application for registration under that Act has been made by another person and that application has not been determined or abandoned.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
14th December 1990


text:
Citation and commencement
1
This Order may be cited as the Prescription Pricing Authority Constitution Order 1990 and shall come into force on 17th September 1990.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“Family Authority” means a Family Health Services Authority;
“Pricing Authority” means the Prescription Pricing Authority.
Continuation of the Prescription Pricing Authority
3
Notwithstanding the revocation by this Order of the Prescription Pricing Authority Constitution Order 1978 , there shall continue to be established the special health authority known as the Prescription Pricing Authority, established by the Prescription Pricing Authority (Establishment and Constitution) Order 1974 .
Functions of the Pricing Authority
4
1
The Pricing Authority shall perform such functions as the Secretary of State may direct it to perform on his behalf or on behalf of Family Authorities in England.
2
Without prejudice to the generality of paragraph (1) of this article, those functions shall include functions on behalf of such Family Authorities relating to the examining, checking and pricing of prescriptions for drugs, listed drugs, medicines and listed appliances supplied as part of pharmaceutical services.
Constitution of the Pricing Authority
5
The Pricing Authority shall consist of eight members, of whom, subject to any direction by the Secretary of State under regulation 7 of the Prescription Pricing Authority Regulations 1990 —
a
one shall be the chairman;
b
one shall be a medical practitioner providing general medical services;
c
one shall be a registered pharmacist providing pharmaceutical services;
d
one shall be the chief officer of a Family Authority;
e
three shall be persons who are not and never have been —
i
a medical practitioner,
ii
a dental practitioner,
iii
a registered pharmacist,
iv
a person registered in any of the registers of opticians maintained under the Opticians Act 1989 , or
v
a person registered in any part of the register maintained by the United Kingdom Central Council for Nursing Midwifery and Health Visiting pursuant to section 10 of the Nurses, Midwives and Health Visitors Act 1979 ;
f
one shall be the chief officer for the time being of the Pricing Authority.
Specification of Pricing Authority as a relevant authority
6
The Pricing Authority is hereby specified for the purposes of sub-paragraph (7) of paragraph 9 of Schedule 5 to the Act (definition of “relevant authority” for purposes of paying remuneration to members of health authorities).
Revocation of Order
7
The Prescription Pricing Authority Constitution Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Health
Virgina Bottomley
Minister of State,
Department of Health Health
20th August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds General Infirmary and Associated Hospitals National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
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 has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Leeds General Infirmary and Associated 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 Leeds General Infirmary and Associated 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 —
a
to own and manage hospital accommodation and services at the General Infirmary at Leeds, Great George Street, Leeds LS1 3EX and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services provided from the General Infirmary at Leeds, Great George Street, Leeds LS1 3EX and to own the premises there from where those services are to be provided and any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2)(a) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Leeds.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
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 for the said purpose.
Assistance by health authorities before operational date
7
1
The Leeds Western 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 Leeds Western 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 Leeds Western Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1990 and shall come into force on 18th June 1990.
Amendment of Regulation 8
2
Regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (pack size on retail sale or supply of certain medicinal products on a general sale list) shall be amended as follows —
a
in paragraph (1) for “paragraphs (2) and (3)” substitute “paragraphs (2), (2A) and (3)”; and
b
after paragraph (2) insert the following paragraph —
2A
Where tablets for human use containing Bisacodyl are sold by retail in the course of a business elsewhere than at a registered pharmacy or are so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, they shall be presented for sale in a separate and individual container or package containing not more than 10 tablets.
.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st May 1990
David Hunt
Secretary of State for Wales
15th May 1990
M. B. Forsyth
Parliamentary Under Seary of State, Scottish Office
16th May 1990
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
16th May 1990.
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 18th day of May 1990.
F. A. Elliott
Permanent Secretary
Sealed with the official seal of the Department of Agriculture for Northern Ireland this 21st day of May 1990.
W. J. Hodges
Permanent Secretary


text:
1
These Regulations may be cited as the Police Cadets (Amendment) Regulations 1990.
2
These Regulations shall come into force on 1st September 1990 and shall have effect for the purposes of regulation 3(a) and (b) as from 1st July 1989.
3
The Police Cadets Regulations 1979 shall be amended as follows:
a
in regulation 13(1)(a) for the words “1st July 1988” there shall be substituted the words “1st July 1989” and for the words “31st August 1988” there shall be substituted the words “31st August 1989”;
b
for the Table in Schedule 2 (scales of pay) there shall be substituted the following Table —
Table
Age London Provinces
Part I — Pay from 1st July 1989 to 31st August 1989 Under 17 years £4,086 a year £3,384 a year 17 years £4,290 a year £3,588 a year 18 years or over £4,698 a year £3,996 a year Part II — Pay from 1st September 1989 Under 17 years £4,398 a year £3,696 a year 17 years £4,623 a year £3,921 a year 18 years or over £5,067 a year £4,365 a year
c
for paragraph 2 of Schedule 3 (charge for board and lodging) there shall be substituted the following paragraph —
2
The annual rate of charge shall be —
a
in the case of a police cadet attached to the Metropolitan Police force, £558;
b
in any other case, £516.
.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
31st July 1990