text:
Citation and commencement
1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment and Miscellaneous Provision) Regulations 1991.
2
These Regulations, other than regulation 3 and, insofar as it relates to that regulation, regulation 2, shall come into force on 1st April 1991.
3
Regulation 3 and, insofar as it relates to that regulation, regulation 2, shall come into force on 15th February 1991.
Amendment of Regulations
2
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended in accordance with regulations 4 and 5 below.
Definitions
3
1
In regulation 3(1) for the definition of “the amount payable” there is substituted the following definition —
“the amount payable” for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer, a charging authority and a hereditament means —
the amount the ratepayer is liable to pay to the authority as regards the hereditament in respect of the year or part under section 43 or 45 of the Act , whether calculated by reference to section 43(4) to (6) or 45(4) to (6) of the Act (as those provisions are amended or substituted in any case by or under Schedule 7A to the Act) or by refernce to an amount or rules determined or prescribed under section 47(1)(a) or 58(3)(a) of the Act; or
where an amount falls to be credited by the charging authority against the ratepayer’s liability in respect of the year or part, the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be credited;
2
The substitution referred to in paragraph (1) does not apply in relation to any non-domestic rate in respect of the chargeable financial year beginning 1st April 1990.
Adjustment of instalments
4
1
For paragraph 7(2) of Part II of Schedule 1 there is substituted the following —
2
The charging authority shall on or as soon as practicable after the relevant day —
a
adjust the instalments (if any) payable on or after the adjustment day (“the remaining instalments”) so that they accord with the amounts mentioned in sub-paragraph (4); and
b
serve a notice on the ratepayer which is to state —
i
the amount of the revised estimate mentioned in sub-paragraph (3); and
ii
the amount of any remaining instalment.
.
2
At the end of paragraph 7(6) of Part II of Schedule 1 there are inserted the words “, or has been paid (or credited) by way of interest under the Non-Domestic Rating (Payment of Interest) Regulations 1990” .
Security for unpaid rates
5
1
A charging authority and a person liable to pay to it an amount under section 43 or 45 of the Act may enter into an agreement that —
a
any interest of his in the hereditament as regards which the liability arises shall be charged to secure paymenbt of the amount; and
b
in consideration of the charge, the authority will take no steps, for a period specified in the agreement, to recover any payment in respect of the amount.
2
The period specified for the purposes of paragraph (1)(b) may not exceed three years.
3
An agreement under this regulation —
a
may also extend to any further amount the person may become liable to pay to the authority under section 43 or 45 of the Act as regards the hereditament;
b
may provide for the payment of interest on sums outstanding;
c
may provide for interest payable to be secured by the charge.
4
In this regulation “the Act” means the Local Government Finance Act 1988.
Signed by authority of the Secretary of State for the Enviroment
Michael Portillo
Minister of State,
Department of the Environment
31st January 1991
David Hunt
Secretary of State for Wales
31st January 1991


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Merchant Shipping (Life-Saving Appliances) (Amendment) Regulations 1991 and shall come into force on 1st July 1991.
PART I
AMENDMENTS TO 1980 REGULATIONS
2
The Merchant Shipping (Life-Saving Appliances) Regulations 1980 shall be amended in accordance with the following: —
1
In regulation 1(2) the following definitions shall be inserted in the appropriate alphabetical order: —
“Free-fall launching” means that method of launching a survival craft whereby the craft with its complement of persons and equipment on board is released and allowed to fall into the sea without any restraining apparatus;
“Immersion suit” means a protective suit which reduces the body heat-loss of a person wearing it in cold water and complies with the requirements of Part I of Schedule 11 to the Merchant Shipping (Life-Saving Appliances) Regulations 1986 ;
“Lifeboat radiotelegraph installation” means an installation complying with paragraph 6.4.1 of Merchant Shipping Notice M No. 928 or any Merchant Shipping Notice amending or replacing it which is considered by the Secretary of State to be relevant from time to time;
“Lifejacket” means a lifejacket complying with the requirements of Part I or Part II of Schedule 13 to the Merchant Shipping (Life-Saving Appliances) Regulations 1980 or Part I or II of Schedule 10 to the Merchant Shipping (Life-Saving Appliances) Regulations 1986;
“Lifejacket light” means a light complying with the requirements of Part III of Schedule 10 to the Merchant Shipping (Life-Saving Appliances) Regulations 1986;
“Marine escape system” means a system complying with the requirements of Schedule 5 to the Merchant Shipping (Life-Saving Appliances) Regulations 1986;
“Portable radio equipment” means an installation complying with paragraph 6.4.2 of Merchant Shipping Notice No. M 928 or any Merchant Shipping Notice amending or replacing it which is considered by the Secretary of State to be relevant from time to time;
“Radar Transponder” means a radar transponder, for use in survival craft, the emissions of which are intended to facilitate location of a survival craft in search and rescue operations;
“Retro-reflective material” means a material, which reflects in the opposite direction a beam of light directed on it, and complies with Merchant Shipping Notice No. M 1444 or any Merchant Shipping Notice amending or replacing it which is considered by the Secretary of State to be relevant from time to time;
“Satellite EPIRB ” means an emergency position-indicating radio beacon, being an earth station in the mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations and is capable of: —
floating free if the ship sinks,
being automatically activated when afloat,
being manually activated, and
being carried by one person;
“Survival craft EPIRB” means an emergency position-indicating radio beacon, being a station in the mobile service, for carriage in survival craft, the emissions of which are intended to facilitate search and rescue operations;
“Thermal protective aid” means a bag or suit complying with the requirements of Part II of Schedule 11 to the Merchant Shipping (Life-Saving Appliances) Regulations 1986, made of waterproof material with low thermal conductivity;
“Two-way radiotelephone set” means a portable two-way VHF radiotelephone apparatus or a fixed VHF installation in survival craft for communication between survival craft, between survival craft and ship and between survival craft and rescue unit;
“Waterproofed” means protected as far as is practicable from the ingress of water;
.
2
In regulation 2(1) in the definition of a “Class VI passenger ship” the words “exclusive of any smooth waters” should be replaced by the words “exclusive of any smooth or partially smooth waters”.
3
In regulation 2(2);
a
the definition of “partially smooth waters” shall be replaced by the following: —
“Partially smooth waters” means, as respects any period specified in the Schedule to the Merchant Shipping (Smooth and Partially Smooth Waters) Regulations 1987 , the waters of the areas specified in Column 3 of that Schedule in relation to that period;
.
b
the definition of “smooth waters” shall be replaced by the following: —
“Smooth waters” means any waters not being the sea or partially smooth waters and in particular means waters of any of the areas specified in column 2 of the Schedule to the Merchant Shipping (Smooth and Partially Smooth Waters) Regulations 1987;
.
4
Regulation 3(5) shall be replaced by the following: —
5
a
Every ship to which this regulation applies shall be provided with either the following equipment: —
ALTERNATIVE A
i
at least the number of survival craft radio equipement determined in accordance with the following table:
No of persons ships certified to carry Portable radio Equipment Lifeboat Radiotelegraph Installation for Motor Lifeboats
13–199 1 — 200–1499 1 1 1500 or more — 2 (1 on each side)
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB capable of floating free if the ship sinks and of being automatically activated when afloat,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, at least one radar transponder stowed in such a location that it can be rapidly placed in any survival craft or, alternatively, one radar transponder stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with performance standards adopted by the International Maritime Organiza tion ( IMO ) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
.
5
Regulation 3(6) shall be replaced by the following: —
6
Every motor lifeboat carried in compliance with these Regulations shall be provided with the equipment specified in regulation 39(2) of these Regulations.
.
6
After regulation 3(12)(b) the following new paragraph shall be inserted: —
c
Each lifejacket required to be carried by sub-paragraphs (a) and (b) shall be fitted with a lifejacket light.
.
7
After regulation 3(13) the following new paragraph shall be inserted: —
14
Every ship to which this regulation applies shall carry for each lifeboat on the ship at least 3 immersion suits and, in addition, a thermal protective aid for every person to be accommodated in the lifeboats and not provided with an immersion suit. Immersion suits and thermal protective aids need not be carried for persons to be accommodated in totally or partially enclosed lifeboats or on a ship which is constantly engaged on voyages between the parallels of latitude of 20° north and south.
.
8
Regulation 4(11) shall be replaced by the following: —
11
a
Every ship to which this regulation applies shall be provided with either the following equipment: —
ALTERNATIVE A
i
portable radio equipment; this equipment shall not be required if a lifeboat radiotelegraph installation is fitted in a lifeboat on each side of the ship or if the ship is engaged on voyages of such duration that in the opinion of the Secretary of State portable radio equipment is unnecessary,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB;
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, at least one radar transponder stowed in such a location that it can be rapidly placed in any survival craft or, alternatively, one radar transponder stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with:
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
.
9
After regulation 4(16) the following new paragraph shall be inserted: —
17
Every ship to which this regulation applies shall carry for each lifeboat on the ship at least 3 immersion suits and, in addition, a thermal protective aid for every person to be accommodated in the lifeboats and not provided with an immersion suit. Immersion suits and thermal protective aids need not be carried for persons to be accommodated in totally or partially enclosed lifeboats.
.
10
In regulation 11(4) the words “but under 1600 tons”, shall be deleted.
11
Regulation 11(5) shall be deleted.
12
Regulation 11(13) shall be replaced by the following: —
13
a
Every ship to which this regulation applies shall be provided with either the following equipment: —
ALTERNATIVE A
i
portable radio equipment; provided that this equipment shall not be required if a lifeboat radiotelegraph installation is fitted in a lifeboat on each side of the ship or if the ship is engaged on voyages of such duration that in the opinion of the Secretary of State portable radio equipment is unnecessary,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft other than that required by paragraph (9);
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
in the case of a ship of 500 tons or over, at least 3 waterproofed two- way radiotelephone sets of which at least one shall be portable and in the case of a ship of under 500 tons, at least 2 waterproofed two- way radiotelephone sets of which at least one shall be portable, and
iii
in the case of a ship of 500 tons or over, on each side of the ship at least one radar transponder, and in the case of a ship under 500 tons at least one radar transponder. Each radar transponder shall be stowed in such a location that it can be rapidly placed in any survival craft other than that required by paragraph (9) or, alternatively, one radar transponder shall be stowed in each survival craft other than that required by paragraph (9).
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
a radar transponder or radar transponders as prescribed in ALTER NATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with the performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
.
13
In regulation 11(16) the following sentence shall be added: —
Such lifejackets shall be fitted with a lifejacket light.
.
14
After regulation 11(17) the following paragraphs shall be inserted:
18
Every ship to which this regulation applies, except a ship which complies with either paragraphs (6)(b) or (8)(b) of this regulation, shall carry for each lifeboat on the ship at least 3 immersion suits and, in addition, a thermal protective aid for every person on board not provided with an immersion suit. Provided that immersion suits and thermal protective aids need not be carried if: —
a
the lifeboats required under paragraph (2) and (8)(a) of this regulation are totally enclosed,
b
a totally enclosed lifeboat capable of free-fall launching is carried in lieu of the lifeboats required under paragraph (2) and (8)(a) of this regulation, or
c
the ship is constantly engaged on voyages between the parallels of latitude of 20° north and south.
19
Every ship to which either paragraph (6)(b) or (8)(b) of this regulation applies shall be provided with an immersion suit for every person on board unless the ship is provided with davit-launched liferafts or a marine escape system, or is constantly engaged on voyages between the parallels of latitude 20° north and south.
.
15
Regulation 12(5) shall be replaced by the following: —
5
a
Every ship to which this regulation applies shall be provided with either the following equipment: —
ALTERNATIVE A
i
survival craft radio equipment determined in accordance with the following table:
No of persons ships certified to carry Portable radio Equipment Lifeboat Radiotelegraph Installation for motor lifeboats
13–199 1 – 200–1499 1 1 155 or more — 2 (1 on each side)
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, at least one radar transponder stowed in such a location that it can be rapidly placed in any survival craft or, alternatively, one radar transponder stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
iii
radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with performance standards adopted by the International Maritime Organiza tion (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
.
16
Regulation 12(6) shall be replaced by the following: —
6
Every motor lifeboat carried in compliance with these regulations shall be provided with the equipment specified in regulation 39(2) of these Regulations.
.
17
In regulation 12(12) the following sentence shall be added: —
Such lifejackets shall be fitted with a lifejacket light.
.
18
After regulation 12(13) the following new paragraph shall be inserted: —
14
Every ship to which this regulation applies shall carry for each lifeboat on the ship at least 3 immersion suits and, in addition, a thermal protective aid for every person on board not provided with an immersion suit. Immersion suits and thermal protective aids need not be carried for persons to be accommodated in totally or partially enclosed lifeboats or on a ship which is constantly engaged on voyages between the parallels of latitude of 20° north and south.
.
19
In regulation 13(1): —
a
“(5)” shall be deleted, and
b
“and (17)” shall be replaced by “(17), (18) and (19),”.
20
In regulation 16(1), “(5)” shall be replaced by “(4)”.
21
In regulation 16(3), “Paragraphs (14), (15), (16) and (17)” shall be replaced by “Paragraphs (13)(a), (14), (15), (16), (17), (18) and (19)”.
22
In regulation 17(1), “(5)” shall be replaced by “(4)”.
23
In regulation 17(4), “Paragraphs (14), (15), (16) and (17)” shall be replaced by “Paragraphs (13)(a), (14), (15), (16), (17), (18) and (19)”.
24
In regulation 18(2), “(5)” shall be deleted.
25
In regulation 18(5), “Paragraphs (14), (15), (16) and (17)” shall be replaced by “Paragraphs (13)(a), (14), (15), (16), (17), (18) and (19)”.
26
In regulation 22(6) the following sentence shall be added: —
Such lifejacket shall be fitted with a lifejacket light.
.
27
After regulation 22(7) the following new paragraphs shall be added: —
8
a
Every ship to which this regulation applies shall be provided with either the following equipment: —
ALTERNATIVE A
i
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
ii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
in the case of a ship of 500 tons or over, at least 3 waterproofed two- way radiotelephone sets of which at least one shall be portable and in the case of a ship of under 500 tons, at least 2 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
in the case of a ship of 500 tons or over, on each side of the ship at least one radar transponder, and in the case of a ship under 500 tons at least one radar transponder. Each radar transponder shall be stowed in such a location that it can be rapidly placed in any survival craft or, alternatively, one radar transponder shall be stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
a radar transponder or radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(i) and B(ii) shall, on and after 1st February 1999, comply fully with the performance standards adopted by the International Maritime Organization.
9
Every ship to which this regulation applies shall carry for each lifeboat on the ship at least 3 immersion suits and, in addition, a thermal protective aid for every person on board not provided with an immersion suit. In the case of a ship which complies with paragraph (2)(b) of this regulation an immersion suit shall be carried for every person on board. Immersion suits and thermal protective aids need not be carried if: —
a
totally enclosed lifeboats are carried,
b
davit-launched liferafts are carried, or
c
the ship is constantly engaged on voyages between the parallels of latitude of 20° north and south.
.
28
After regulation 23(7)(b) the following new sub-paragraph shall be inserted: —
c
On every ship which proceeds to sea each lifejacket required to be carried by sub-paragraphs (a) and (b) shall be fitted with a lifejacket light.
.
29
In regulation 34(1) after “ IX (A)(T)” where it first occurs, there shall be added “of less than 12.2m”.
30
After regulation 35 the following new regulation shall be inserted: —
Retro-reflective material
35A
Life-Saving appliances carried on ships of Classes I to XI inclusive and ships of Class XII which proceed to sea, shall be fitted with retro-reflective material where it will assist in detection, and the dimensions and location of the retro-reflective material shall be in accordance with Merchant Shipping Notice No. 1444 or any Merchant Shipping Notice amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
.
31
After regulation 36(1)(z) and before the proviso, the following new sub-paragraph shall be inserted: —
aa
thermal protective aids sufficient for 10% of the number of persons the lifeboat is permitted to accommodate or for two persons, whichever is the greater number.
.
32
In regulation 36(1), after sub-paragraph (ii) of the proviso, the following new sub-paragraph shall be inserted: —
iii
In ships of Classes I, II, II(A), III , IV , and VI(A) such lifeboats shall not be required to carry the equipment specified in sub-paragraph (aa) of this paragraph.
.
33
After regulation 36(6)(l) the following new sub-paragraph shall be inserted: —
m
thermal protective aids sufficient for 10% of the number of persons the lifeboat is permitted to accommodate or for two persons, whichever is the greater number.
.
34
Regulation 39(1) shall be replaced by the following: —
1
In every ship of Classes I and VII (A) the following shall be complied with: —
a
the lifeboat radiotelegraph installation in the motor lifeboats which are required to comply with regulations 3(5)(a)(i) and 12(5)(a)(i) shall comply with the following provisions: —
i
it shall be installed in the cabin large enough to accommodate both the apparatus and the person using it,
ii
the arrangements shall be such that the efficient operation of the transmitter and receiver shall not be impaired through interference from the engine of the motor lifeboat whether a battery is on charge or not, and
iii
the radio battery shall not be used to supply power to any engine starting motor or ignition system;
b
means shall be provided in the lifeboat for recharging batteries.
.
35
Regulation 41(1)(p) shall be replaced by the following: —
p
a food ration complying with the requirements of Part III of Schedule 7 of the Merchant Shipping (Life-Saving Appliances) Regulations 1986, totalling not less than 10,000 kilojoules for each person the liferaft is permitted to accommodate; these rations shall be in airtight packaging and be stowed in a watertight container;
.
36
After regulation 41(1)(t) the following new sub-paragraph shall be inserted: —
u
thermal protective aids sufficient for 10% of the number of persons the liferaft is permitted to accommodate or for two persons, whichever is the greater number.
.
37
After regulation 41(1) the following new paragraph shall be inserted: —
1A
In ships of Class I such liferafts shall not be required to carry the equipment specified in sub-paragraph (u) of paragraph (1) of this regulation.
.
38
In regulation 43(11)(c), “2(3)” shall be replaced by “12(3)”.
39
Regulation 48(1) shall be replaced by the following: —
1
The portable radio equipment required to be carried in compliance with regulations 3(5), 4(11), 11(13) and 12(5) shall be kept in a suitable place ready to be moved into a survival craft in case of emergency.
.
40
After regulation 51D the following new regulations shall be inserted: —
Immersion suits
51E
Immersion suits may be of the insulated or uninsulated type provided that immersion suits of the insulated type shall be carried on ships which make voyages: —
a
north of latitude 65°N in the Atlantic Ocean;
b
north of latitude 55°N in the Pacific Ocean;
c
south of latitude 50°S, and
d
east of longitude 10°E in the Kattegat and Baltic Sea between 1st December and 30th April, both dates inclusive.
Approval and replacement of life-saving appliances
51F
1
Life-saving appliances and arrangements required by these Regulations shall be of a type which has been approved by the Secretary of State.
2
Such approval shall have been given pursuant to these Regulations or shall be given pursuant to the Merchant Shipping (Life-Saving Appliances) Regulations 1986 and shall be given in writing and shall specify the date when it is to come into force and the conditions (if any) on which it is given.
3
Any item of the life-saving equipment marked with an expiry date shall, on that date, cease to be approved for the purpose of these Regulations.
Testing of survival craft release arrangements
51G
1
Liferaft automatic release hooks shall be serviced at intervals not exceeding 30 months and shall be proof tested at 200% safe working load at intervals not exceeding five years.
2
Lifeboat disengaging gears shall be overhauled and shall be proof tested at 200% safe working load at intervals not exceeding five years.
3
Such testing shall be carried out for the first time not later than 1st July 1995.
.
41
In regulation 53 after “excursion” the following shall be inserted: —
“or arrives within the territorial waters of the United Kingdom”.
PART II
AMENDMENTS TO 1986 REGULATIONS
3
The Merchant Shipping (Life-Saving Appliances) Regulations 1986, in this Part called “the Principal Regulations” shall be amended in accordance with the following: —
1
In regulation 2(1) the following definitions shall be inserted in the appropriate alphabetical order: —
“Radar Transponder” means a radar transponder, for use in survival craft, the emissions of which are intended to facilitate location of a survival craft in search and rescue operations;
“Satellite EPIRB” means an emergency position-indicating radio beacon, being an earth station in the mobile-satellite service, the emissions of which are intended to facilitate search and rescue operations and is capable of: —
floating free if the ship sinks,
being automatically activated when afloat,
being manually activated, and
being carried by one person;
“ship constructed” means a ship of which the keel is laid or, where construction identifiable with the ship has begun, assembly has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;
.
2
In regulation 2(1) the following definitions shall replace the definitions of the same terms in the Principal Regulations: —
“Portable radio equipment” means an installation complying with paragraph 6.4.2 of Merchant Shipping Notice No. M 928 or any Merchant Shipping Notice amending or replacing it which is considered by the Secretary of State to be relevant from time to time;
“Retro-reflective material” means a material, which reflects in the opposite direction a beam of light directed on it, and complies with Merchant Shipping Notice No. M 1444 or any Merchant Shipping Notice amending or replacing it which is considered by the Secretary of State to be relevant from time to time;
“two-way radiotelephone set” means a portable two-way VHF radiotelephone apparatus or a fixed VHF installation in survival craft for communication between survival craft, between survival craft and ship and between survival craft and rescue unit;
“Survival craft EPIRB” means an emergency position-indicating radio beacon, being a station in the mobile service, for carriage in survival craft, the emissions of which are intended to facilitate search and rescue operations;
“Waterproofed” means protected as far as is practicable from the ingress of water;
.
3
Regulation 5(6) shall be replaced by the following: —
6
a
Every ship to which this regulation applies, constructed before 1st February 1992, shall be provided with either the following equipment: —
ALTERNATIVE A
i
survival craft radio equipment determined in accordance with the following table:
No of persons ships certified to carry Portable radio Equipment Lifeboat Radiotelegraph Installation for motor lifeboats
13–199 1 – 200–1499 1 1 155 or more — 2 (1 on each side)
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, at least one radar transponder stowed in such locations that it can be rapidly placed in any survival craft or, alternatively, one radar transponder stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with performance standards adopted by the International Maritime Organiza tion (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
d
Every such ship constructed on and after 1st February 1992 shall be provided with: —
i
the two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) complying fully with performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time, and
ii
either the survival craft EPIRB prescribed in ALTERNATIVE A(iii) or the satellite EPIRB prescribed in ALTERNATIVE B(i), except that in any case a satellite EPIRB shall be provided on and after 1st August 1993.
.
4
Regulation 6(8) shall be replaced by the following: —
8
a
Every ship to which this regulation applies, constructed before 1st February 1992, shall be provided with either the following equipment: —
ALTERNATIVE A
i
portable radio equipment; this equipment shall not be required if a lifeboat radiotelephone installation is fitted in a lifeboat on each side of the ship or if the ship is engaged on voyages of such duration that in the opinion of the Secretary of State portable radio equipment is unnecessary,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, at least one radar transponder stowed in a location that it can be rapidly placed in any survival craft or, alternatively, one radar transponder stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with:
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with performance standards adopted by the International Maritime Organiza tion (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
d
Every such ship constructed on and after 1st February 1992 shall be provided with: —
i
the two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) complying fully with performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time, and
ii
either the survival craft EPIRB prescribed in ALTERNATIVE A(iii) or the satellite EPIRB prescribed in ALTERNATIVE B(i), except that in any case a satellite EPIRB shall be provided on and after 1st August 1993.
.
5
Regulation 7(9) shall be replaced by the following: —
9
a
Every ship to which this regulation applies, constructed before 1st February 1992, shall be provided with either the following equipment: —
ALTERNATIVE A
i
portable radio equipment; this equipment shall not be required if a lifeboat radiotelegraph installation is fitted in a lifeboat on each side of the ship or if the ship is engaged on voyages of such duration that in the opinion of the Secretary of State portable radio equipment is unnecessary,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
in the case of a ship of 500 tons or over, at least 3 waterproofed two- way radiotelephone sets of which at least one shall be portable and in the case of a ship of under 500 tons, at least 2 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
in the case of a ship of 500 tons or over, on each side of the ship at least one radar transponder, and in the case of a ship under 500 tons at least one radar transponder. Each radar transponder shall be stowed in such a location that it can be rapidly placed in any survival craft other than that required by paragraph (5) or, alternatively, one radar transponder shall be stowed in each survival craft other than that required by paragraph (5).
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
a radar transponder or radar transponders as prescribed in ALTER NATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with the performance standards adopted by the International Maritime Organiza tion (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
d
Every such ship constructed on and after 1st February 1992 shall be provided with: —
i
the two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) complying fully with performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time, and
ii
either the survival craft EPIRB prescribed in ALTERNATIVE A(iii) or the satellite EPIRB prescribed in ALTERNATIVE B(i), except that in any case a satellite EPIRB shall be provided on and after 1st August 1993.
.
6
Regulation 8(11) shall be replaced by the following: —
11
a
Every ship to which this regulation applies, constructed before 1st February 1992, shall be provided with either the following equipment: —
ALTERNATIVE A
i
portable radio equipment; this equipment shall not be required if a lifeboat radiotelegraph installation is fitted in a lifeboat on each side of the ship or if the ship is engaged on voyages of such duration that in the opinion of the Secretary of State portable radio equipment is unnecessary,
ii
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
in the case of a ship of 500 tons or over, at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable and in the case of a ship of under 500 tons, at least 2 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
in the case of a ship of 500 tons or over, on each side of the ship at least one radar transponder, and in the case of a ship under 500 tons at least one radar transponder. Each radar transponder shall be stowed in such a location that it can be rapidly placed in any survival craft other than that required by paragraph (8) or, alternatively, one radar transponder shall be stowed in each survival craft other than that required by paragraph (8).
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
a radar transponder or radar transponders as prescribed in ALTERNATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) shall, on and after 1st February 1999, comply fully with the performance standards adopted by the International Maritime Organi zation (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
d
Every such ship constructed on and after 1st February 1992 shall be provided with: —
i
the two-way radiotelephone sets prescribed in ALTERNATIVES A(ii) and B(ii) complying fully with performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time, and
ii
either the survival craft EPIRB prescribed in ALTERNATIVE A(iii) or the satellite EPIRB prescribed in ALTERNATIVE B(i), except that in any case a satellite EPIRB shall be provided on and after 1st August 1993.
.
7
Regulation 10(3) shall be replaced by the following: —
3
a
Every ship to which this regulation applies, constructed before 1st February 1992, shall be provided with either the following equipment: —
ALTERNATIVE A
i
at least 3 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
ii
on each side of the ship, a survival craft EPIRB so stowed that it can be rapidly placed in any survival craft;
or: —
ALTERNATIVE B
i
a satellite EPIRB,
ii
in the case of a ship of 500 tons or over, at least 3 waterproofed two- way radiotelephone sets of which at least one shall be portable and in the case of a ship of under 500 tons, at least 2 waterproofed two-way radiotelephone sets of which at least one shall be portable, and
iii
in the case of a ship of 500 tons or over, on each side of the ship at least one radar transponder, and in the case of a ship under 500 tons at least one radar transponder. Each radar transponder shall be stowed in such a location that it can be rapidly placed in any survival craft or, alternatively, one radar transponder shall be stowed in each survival craft.
b
Notwithstanding ALTERNATIVE A above, every ship to which this regulation applies shall be provided with: —
i
the satellite EPIRB prescribed in ALTERNATIVE B(i) on and after 1st August 1993, and
ii
a radar transponder or radar transponders as prescribed in ALTER NATIVE B(iii) on and after 1st February 1995.
c
The two-way radiotelephone sets prescribed in ALTERNATIVES A(i) and B(ii) shall, on and after 1st February 1999, comply fully with the performance standards adopted by the International Maritime Organiza tion (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time.
d
Every such ship constructed on and after 1st February 1992 shall be provided with: —
i
the two-way radiotelephone sets prescribed in ALTERNATIVES A(i) and B(ii) complying fully with performance standards adopted by the International Maritime Organization (IMO) contained in IMO Resolution A.605(15) or any Resolution amending or replacing it which is considered by the Secretary of State to be relevant from time to time, and
ii
either the survival craft EPIRB prescribed in ALTERNATIVE A(ii) or the satellite EPIRB prescribed in ALTERNATIVE B(i), except that in any case a satellite EPIRB shall be provided on and after 1st August 1993.
.
8
In regulation 13(7): — “100%” shall be replaced by “200%”.
9
Regulation 13(8) shall be replaced by: —
8
Rescue boat release gears and lifeboat disengaging gears shall be overhauled and shall be proof tested at 200% safe working load at intervals not exceeding 5 years.
.
10
In regulation 28 after “excursion” the following shall be inserted: —
“or arrives within the territorial waters of the United Kingdom”.
11
After Schedule 1, Part I, paragraph 5.8 the following new paragraph shall be inserted: —
5.8A
Every lifeboat which is fitted with a fixed two-way VHF radiotelephone apparatus with an antenna which is separately mounted shall be provided with arrangements for siting and securing the antenna effectively in its operating position.
.
12
Schedule 1, Part I, sub-paragraph 7.1.29 shall be replaced by the following: —
29
an efficient radar reflector, unless a radar transponder is stowed in that lifeboat.
.
13
After Schedule 1, Part II, paragraph 4 the following new paragraph shall be inserted: —
5
If a fixed two-way VHF radiotelephone apparatus is fitted in the lifeboat it shall be installed in a cabin large enough to accommodate both the equipment and the person using it; provided that no separate cabin shall be required if the construction of the lifeboat provides a sheltered space to the satisfaction of the Secretary of State.
.
14
Schedule 4, Part IV, sub-paragraph 1.1.14 shall be replaced by the following: —
“an efficient radar reflector, unless a radar transponder is stowed in that liferaft;”.
Malcolm Rifkind
Secretary of State for Transport
4th June 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1991and shall come into force on 29th March 1991.
2
In these Regulations —
“Form A”,“Form B”,“Form C” and“Form D” mean the forms by those names specified in Part I of Schedule 1 tothe 1991 Regulations ;
“the 1991 Regulations” means the Community Charges and Non-Domestic Rating (DemandNotices) (England) Regulations 1991 ;
and expressions used in these Regulations which are also used in the1991 Regulations have the same meaning as in those Regulations.
Application of the Regulations
2
Subject to the provisions of section 1(5) of the Community Charges(General Reduction) Act 1991, these Regulations do not affect thevalidity of a community charge demand notice or adjustment notice issuedbefore the coming into force of these Regulations.
Amendment of the 1991 Regulations
3
1
The 1991 Regulations have effect with the amendments specified inthe following paragraphs of this regulation.
2
In regulation 1(2) —
a
after the definition of“the Act”, there is inserted the following —
“adjustment notice” means a notice (other than a notice which would require payment ofan amount of £0) —
which is given under regulation 26(2) of, or paragraph 7(2) ofSchedule 1 or paragraph 4(2) of Schedule 2 to, the Community Charges(Administration and Enforcement) Regulations 1989 by an English chargingauthority to a person in respect of his liability to pay an amount undera community charge demand notice; and
which is so given either —
solely in consequence of the substitution for the amount set by theauthority for its personal community charges for the whole or any partof its area of an amount which has been reduced by virtue of theCommunity Charges (General Reduction) Act 1991, or
solely in consequence of that substitution and an alterationof the amount described in paragraph 11 of Part II of Schedule 1,
and a notice is given solely in consequence of the matters referredto in sub-paragraph (b) notwithstanding that a consequential adjustmentfalls to be made to the amount described in paragraph 12 or 13 of PartII of Schedule 1;
b
in the definition of“the relevant charge” there are inserted after the words“section 13A of the Act” a comma and the words“and which has been reduced by virtue of the Community Charges(General Reduction) Act 1991”.
3
In regulation 2, for the words“a financial year beginning on or after 1st April 1991” there are substituted the words“the financial year beginning on 1st April 1991”.
4
In regulation 3(1), for the words“Subject to paragraph (2), a community charge demand notice shall” there are substituted the words“A community charge demand notice or an adjustment notice shall”.
5
In regulation 3, paragraphs (2), (3) and (7) and in paragraph (6)the words“Subject to paragraph (7)” are omitted.
6
In regulation 3, after paragraph (6), there is inserted thefollowing paragraph —
6A
Nothing in this regulation requires a notice to be given on asingle sheet of paper, but if more than one sheet is used, the sheetsshall be issued together, whether or not attached, so as to comprise onenotice.
.
7
In regulation 4(1)(a), after the words“a community charge demand notice” there are inserted the words“or an adjustment notice”.
8
In Forms A, B, C and D —
a
before the heading“COMMUNITY CHARGE BILL 19[ ]” there is inserted the following —
THIS COMMUNITY CHARGE DEMAND TAKES ACCOUNT OF THE PROVISIONS OF THECOMMUNITY CHARGES (GENERAL REDUCTION) ACT 1991.
;
b
after the words“The community charge if local authorities provided a standard levelof service” there are inserted the words“taking account of the general reduction of £140”.
9
In Form A (and accordingly in Forms B, C and D), in the explanatory notes —
a
in the note headed“INCOME REQUIRED” the word“and” where it first occurs is omitted and for the words
revenue support grant [and area protection grant],
there are substituted —
revenue support grant [and area protection grant],
community charge grant
;
b
at the end of the note headed “COMMUNITY CHARGE FOR A STANDARD LEVEL OF SERVICE” there are inserted the following sentences —
Furthermore, it takes into account the general reduction in communitycharges under the Community Charges (General Reduction) Act 1991. TheAct provides for the Government to make grants to authorities tocompensate them for this.
.
10
In Forms A, B and C, for the words from“Payment Instructions” to the words“credits brought forward” there are substituted the following —
Payment Instructions
This bill is issued by name and address of charging authority. State address and/or telephone number to which enquiries about the billmay be directed.
Insert details of the instalments or, if applicable, revisedinstalments required to be paid or other payments required to be madeand details of how payments can be made, and, if applicable, details ofany discounts available or credits brought forward, and, if the chargingauthority proposes to credit any sum which might fall to be repaid (ifso required), a statement that that sum may be required to be repaid.
.
11
In Form C after the words “ Community Charges (Co-owners) Regulations 1990 ” there are inserted the words “ ( S.I. 1990/146 ) as amended by regulation 3 of the Community Charges(Miscellaneous Provisions) Regulations 1991 ” .
12
In Form D, after the words “ Community Charges (Co-owners) Regulations 1990 ( S.I. 1990/146 )” there are inserted the words “ as amended by regulation 3 of the Community Charges (MiscellaneousProvisions) Regulations 1991 ”, followed by the following paragraph —
Where the notice is an adjustment notice, insert also a statement ofthe day on which (pursuant to section 10(5) of the Act) contributionsfirst fall to be calculated by reference to the amount substituted forthe amount set by the charging authority for its personal communitycharges for the whole or any part of its area, being an amount which hasbeen reduced in accordance with the Community Charges (GeneralReduction) Act 1991, and, if the charging authority proposes to creditany sum which might fall to be repaid (if so required), a statement that that sum may be required to be repaid.
.
13
In Part I of Schedule 1, in the instructions following each of FormsA, B, C and D, for the words“(b) Insert the amount described in paragraph 2 of Part II ofSchedule 1” there are substituted the words“(b) Insert the amount calculated under paragraph 2 of Part II ofSchedule 1”.
14
In Part II of Schedule 1, in paragraph 2, for the words“The amount of” there are substituted the words“The amount found by subtracting the sum of £140 from theamount of”, and for the words“that amount” there are substituted the words“that latter amount”.
15
In Part III of Schedule 1, in paragraph 7(1)(a), the words“and contained in a notice” are omitted.
16
In Part I of Schedule 3, at the end of paragraph 5, there isinserted the following —
with an indication, whether as part of the breakdown or expressed byreference to it, that account has been taken of the Community Charges(General Reduction) Act 1991
.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th March 1991


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1991 and shall come into force on 15th April 1991.
2
1
In these Regulations: —
“the Act of 1948 ” means the Merchant Shipping Act 1948;
“the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967 ” means the Merchant Shipping (Load Lines) Act 1967;
“the Act of 1970 ” means the Merchant Shipping Act 1970;
“the Act of 1974 ” means the Merchant Shipping Act 1974;
“the Act of 1979” means the Merchant Shipping Act 1979;
“the principal Act ” means the Merchant Shipping Act 1894 ; and
“tons” means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.
2
Subject to regulation 3 below the following Regulations are hereby revoked: —
The Merchant Shipping (Fees) Regulations 1990
The Merchant Shipping (Fees) (Amendment) Regulations 1990 .
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
1
Where a fee is determined by the amount of work involved on or off the ship —
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded except for the initial survey or inspection of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975 or the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 ;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas subject to a maximum of 10 hours in any 24 hour period;
c
travelling time in respect of the survey of a fishing vessel for the renewal of a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 shall be subject to a minimum charge of £44 for each visit required for the survey;
d
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
e
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
f
ny specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.
2
The cost of travelling and subsistence in respect of tonnage measurement incurred in visiting a ship outside the United Kingdom shall be chargeable additionally to the fee in paragraphs 3 and 4 of Part II of the Schedule.
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate.
3
Where a fee payable under these Regulations is for, or covers, the issue or endorsement of a certificate, the certificate need not be issued or endorsed unless that fee has been paid.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
12th March 1991
We consent to and approve the making of these Regulations,
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1991


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 1991 and shall come into force on 25th March 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to the following paragraphs of this rule, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 , substitute the Table of Fees in the Schedule to this Act of Sederunt.
2
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.
3
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh
19th February 1991


text:
Title and commencement
1
This Order may be cited as the Sheep Scab (National Dip) (Amendment) Order 1991 and shall come into force on 30th August 1991.
Amendment
2
1
The Sheep Scab (National Dip) Order 1990 shall be amended in accordance with the provisions of this article.
2
In paragraph (1) of article 2 (interpretation) in the definition of “relevant period” for the words “23rd day of September” there shall be substituted the words “22nd day of September”.
3
In paragraph (2)(d) of article 5 (restrictions relating to movement of sheep other than to or from a market, exhibition or show) the words “where they are accompanied by a declaration in Form U made by the owner or his duly authorised agent” shall be deleted.
4
In article 6 (restrictions relating to markets, exhibitions and shows) —
a
in paragraph (4)(d) the words “where they are accompanied by a declaration in Form U made by the owner of the sheep or his duly authorised agent” shall be deleted;
b
paragraph (5)(b) shall be deleted;
c
in paragraph (5)(c) the words “where they are accompanied by a declaration in Form V issued by the auctioneer of that market or the person in charge of that exhibition or show” shall be deleted;
d
in paragraph (6) the words “accompanied by a declaration in Form U made by the occupier of the approved holding premises” shall be deleted;
e
in paragraph (7) the words “accompanied by a declaration in Form U signed by the occupier of the approved holding premises” and “accompanied by a declaration in Form U made by the occupier of the approved holding premises” shall be deleted; and
f
in paragraph (8) the words “accompanied by a declaration in Form U made by the owner or his duly authorised agent” shall be deleted.
5
In article 7 (approved holding premises for slaughter sheep) —
a
in paragraph (2)(a) the words “accompanied by a delcaration in Form U or Form V as appropriate” shall be deleted; and
b
in paragraph (2)(b) for the words “where accompanied by a declaration in Form U made by him or his duly authorised agent” there shall be substituted the words “direct to approved premises or to a slaughterhouse for immediate slaughter”.
6
In article 8 (general provisions as to the movement of sheep and production of declarations) in paragraphs (1)(a) and (2), in both places, for the words “, Form T, Form U or Form V” there shall be substituted the words “or Form T”.
7
In the Schedule —
a
in Form R and Form S in the definition of “relevant period” in the Notes for the words “23rd day of September” there shall be substituted the words “22nd day of September”; and
b
Form U and Form V shall be deleted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th August 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under-Secretary of State, Scottish Office
5th August 1991
David Hunt
Secretary of State for Wales
8th August 1991


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Person Supplied) Order 1991 and shall come into force on 1st December 1991.
2
Article 3 below shall apply where road fuel is supplied to a person who is not a taxable person and a taxable person pays to him —
a
the actual cost to him of the fuel; or
b
an amount, the whole or part of which approximates to and is paid in order to reimburse him for the cost of the fuel, determined by reference to —
i
the total distances travelled by the vehicle in which the fuel is used (whether or not including distances travelled otherwise than for the purposes of the business of the taxable person), and
ii
the cylinder capacity of the vehicle, whether or not the taxable person makes any payment in order to reimburse him for any other cost.
3
Where this article applies, the fuel shall be treated for the purpose of section 14(3) of the Value Added Tax Act 1983 as having been supplied to the taxable person for the purpose of a business carried on by him and for a consideration equal to the amount paid by him under article 2(a) or (b) above, as the case may be (excluding any reimbursement of any cost other than the cost of the fuel).
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
17th October 1991


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the route is opened for the purposes of through traffic.
4
The Secretary of State is authorised to construct the bridge specified in Schedule 2 to this Order as part of the new trunk road.
5
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 RSE A34/6B/65/2/2 marked “The Winchester–Preston Trunk Road (A34) (Newbury Bypass) Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the Winchester–Preston Trunk Road (A34).
6
This Order shall come into force on 1st August 1991 and may be cited as the Winchester–Preston Trunk Road (A34) (Newbury Bypass) Order 1991.
Signed by authority of the Secretary of State for Transport
J W Fellows
Regional Director South East Region,
Department of Transport
18th June 1991


text:
1
The Injuries in War (Shore Employments) Compensation Scheme 1914 shall be amended as follows:
In paragraph (3) thereof for the figures “£76.60”, wherever they occur, there shall be substituted the figures “£84.90”.
2
This Scheme shall have effect on and after 8th April 1991, so, however, that no payment shall be made thereunder in respect of any period before that date.
3
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1991, and the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1990 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1991.
Michael Quinlan
Alan Clark
Members of the Defence Council
We consent
Thomas Sackville
Irvine Patrick
Two of the Commissioners of Her Majesty’s Treasury
25th March 1991


text:
1
These Regulations may be cited as the Police (Amendment) (No. 3) Regulations 1991.
2
These Regulations shall come into force on 1st February 1992 and shall have effect for the purposes of regulation 3(3), (4) and (5) as from 20th March 1991; but regulation 53 shall continue to apply as it had effect immediately before the coming into force of these Regulations in relation to any move which took place before 20th March 1991.
3
–
1
The Police Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
There shall be inserted at the end of regulation 46 (pay day) the following paragraph:
3
The police authority may, if they think fit, pay to a member such part of his pay as they may determine in advance of the day on which it would otherwise be due to be paid in accordance with this regulation.
.
3
In paragraph (1)(d) of regulation 53 (removal allowance) for the word “13” there shall be substituted the word “26” and for the words “a further period not exceeding 39 weeks” there shall be substituted the words “such further period as they may determine”.
4
In regulation 53(7) for the words “£600” there shall be substituted the words “£1,200”.
5
In regulation 53(10)(b) there shall be inserted–
a
after the word “fees” the words “,stamp duty”, and
b
at the end the words “;and any reference to expenses incurred in connection with the acquisition of any property shall be construed as also including expenses in connection with the contemplated acquisition of a property other than that acquired.”.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th December 1991


text:
Citation and commencement
1
These Regulations may be cited as the Disability Living Allowance Advisory Board Regulations 1991 and shall come into force on 12th August 1991.
Functions and powers
2
1
The Board shall have the following functions in relation to disability living allowance and attendance allowance, namely —
a
to give advice to the Secretary of State on such matters as he may refer to them for consideration;
b
to give advice to a medical practitioner who is an officer of the Secretary of State on any case or question which he refers to the Board in accordance with section 115C(4) of the Social Security Act 1975 ; and
c
to present an annual report on its activities over the year to the Secretary of State.
2
In carrying out any of its functions under paragraph (1) above the Board may consult persons or bodies on matters as respects which in the Board’s opinion, those persons or bodies are especially qualified.
Members
3
1
The Board shall consist of a chairman appointed by the Secretary of State and not less than 11 and not more than 20 other members so appointed.
2
The members appointed by the Secretary of State shall include —
a
members with professional knowledge or experience of —
i
physiotherapy,
ii
occupational therapy,
iii
social work,
iv
nursing disabled persons,
v
medical practice;
b
at least one member with personal experience of caring for a disabled person; and
c
6 or more members who are disabled persons.
3
All appointments made by the Secretary of State shall be made —
a
after consultation with such organisations as he thinks fit, and
b
in writing.
Term of office
4
The chairman and other members of the Board shall hold office for such period of not more than 5 years as the Secretary of State may determine; but any member —
a
shall be eligible for re-appointment from time to time on or after the expiration of his term of office; and
b
may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for re-appointment.
Removal
5
The Secretary of State may remove the chairman or other member of the Board on the grounds of his inability to discharge his functions or of misbehaviour.
Procedure
6
1
The Board may make rules for regulating its procedure, including its quorum.
2
The Board may act notwithstanding any vacancy among its members.
Expenses
7
Persons attending its meetings at the request of the Board may be paid such travelling and other allowances, including compensation for loss of remunerative time, as the Secretary of State may with the consent of the Treasury determine.
Officers and servants
8
The Secretary of State may appoint such officers and servants of the Board as he thinks appropriate.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
25th July 1991