text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Litter (Statutory Undertakers)(Designation and Relevant Land) Order 1991 and shall come into force on13th May 1991.
2
In this Order —
“ the Act ” means the Environmental Protection Act 1990,
“operational land” means —
in relation to any person authorised by any enactment to carry onany railway or light railway undertaking, land required or used for theoperation of rail or light rail services,
in relation to any other designated statutoryundertaker —
land which is used for the purpose of carrying on their undertaking;and
land in which an interest is held for that purpose,
but does not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, orin which interests are held, for the purpose of the carrying on ofstatutory undertakings.
Designation of statutory undertakers
2
The statutory undertakers described below, and statutory undertakersof the descriptions described below, are designated for the purposes ofPart IV of the Act —
the British Railways Board and London Regional Transport, and anysubsidiary or related company of London Regional Transport as defined insection 68 of the London Regional Transport Act 1984 ,
any Passenger Transport Executive established pursuant to section9(1) of the
Transport Act 1968 , in so far as it is authorised by any enactment to carryon any railway undertaking,
any person authorised by any enactment to carry on any lightrailway undertaking other than an independent railway undertaking withinthe meaning of section 83(7) of the Transport Act 1962
any person authorised by any enactment to carry on any tramwayundertaking,
any person authorised by any enactment to carry on any roadtransport undertaking, other than the operator of a licensed taxi orlicensed hire car as defined in section 13(3) of the Transport Act 1985 ,
any person authorised by any enactment to carry on any canal,inland navigation, dock, harbour or pier undertaking,
any relevant airport operator (within the meaning of Part V of theAirports Act 1986( ).
Prescribed land of statutory undertakers
3
1
For the purposes of Part IV of the Act, land —
a
which is under the direct control of a designated statutoryundertaker,
b
in relation to which the public have no right or permission to haveaccess with or without payment, and
c
which is within the description in paragraph (2) below but notwithin the description in paragraph (3) below,
is prescribed as relevant land of the designated statutoryundertaker under whose control it is.
2
The land described in this paragraph is operational land which iswithin 100 metres of a railway station platform to which the public isentitled or permitted to have access with or without payment andwhich —
a
forms an embankment, cutting, siding, level or junction, but is notpart of a depot, goods yard, or enclosed area where plant and machineryis kept, or
b
is within the rails or on the tracksides, but is not within atunnel, or
c
is on a viaduct or bridge.
3
The land described in this paragraph is land below the place towhich the tide flows at mean high water springs.
Land not to be treated as relevant land
4
For the purposes of Part IV of the Act, land to which the public areentitled or permitted to have access with or without payment whichis —
land other than operational land,
land used solely for the provision of freight services,
land adjacent to an unpaved towing path or adjacent to a pavedtowing path where the paving extends for a length of less than 1kilometre, or
land below the place to which the tide flows at mean high watersprings,
is not to be treated as relevant land of any designated statutoryundertaker.
Michael Heseltine
Secretary of State for the Environment
16th April 1991
David Hunt
Secretary of State for Wales
17th April 1991
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
22nd April 1991


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Criminal Justice (InternationalCo-operation) Act 1990 (Exercise of Powers) Order 1991 and shall comeinto operation on 1st July 1991.
2
In this Order —
“ the Act ” means the Criminal Justice (International Co-operation) Act 1990;
“officer” means a person commissioned by the Commissioners of Customs andExcise under section 6(3) of the Customs and Excise Management Act 1979 .
3
In England and Wales and Northern Ireland, any powers exercisable bya constable under section 7 of the Act, shall also be exercisable by anofficer or by any person acting under the direction of an officer.
4
In Scotland, any powers to enter, search or seize granted undersection 8(1) of the Act shall also be exercisable by an officer or byany person acting under the direction of an officer.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
4th June 1991


text:
1
1
These Regulations may be cited as the Insurance Companies (Linked Contracts) (Amendment) Regulations 1991 and shall come into force on 1st February 1992.
2
The Insurance Companies Regulations 1981 shall have effect subject to the following amendments.
2
In regulation 72 (linked contracts), after paragraph (6) insert the following paragraph-
7
This regulation does not apply in relation to contracts linked to property of the description in paragraph 10A(b) of Schedule 13 to these Regulations entered into before 1st February 1992 save to the extent that responsibility as mentioned in that paragraph extends at least to acts or omissions after that date.
.
3
In Schedule 13 (Permitted Links)–
a
for paragraph 4 substitute the following new paragraph-
4
Units in an authorised unit trust scheme or a recognised scheme within the meaning of section 207(1) of the Financial Services Act 1986 .
; and
b
after paragraph 10 insert the following new paragraph-
10A
Units by whatever name called, in a real or notional fund (not being a scheme or undertaking of a kind mentioned in paragraph 4 above) which is limited to the descriptions of property mentioned above and which under the contract is to be managed either:–
a
wholly by the insurer; or
b
wholly or to any extent by another person being a person for whose acts and omissions in managing the fund the insurer assumes responsibility towards the policy holder as if they were the acts or omissions of the insurer, and otherwise (if at all) by the insurer.
.
John Redwood
Minister of State,
Department of Trade and Industry
6th November 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation(Broadland Cablevision Limited) Order 1991 and shall come into force on 24th October 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Tradeand Industry
18th September 1991


text:
1
These Regulations may be cited as the Driving Licences (Community Driving Licence) (Amendment) Regulations 1991 and shall come into force on Ist April 1991.
2
Regulation 6 (Public service vehicle drivers' licences) of the Driving Licences (Community Driving Licence) Regulations 1982 is hereby revoked; and section 2(3) of the Road Traffic (Driving Licences) Act 1983 (which amends that regulation) shall cease to have effect.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
6th March 1991


text:
1
This Order may be cited as the Broadcasting Act 1991 and shall come into force on 13th February 1991.
2
In this Order —
“ the Act ” means the Broadcasting Act 1990; and
“ Jersey ” means the Bailiwick of Jersey.
3
1
The following provisions of the Act shall extend, with the modifications specified in the Schedule to this Order, to Jersey —
a
in Part I (independent television services), sections 14 to 22 and 66;
b
in Part IV (transfer of undertakings), sections 127, 129 to 131 and 141;
c
in Part X (miscellaneous and general), sections 202 and 204; and
d
Schedules 9 and 11.
2
From 1st April 1991 the following provisions of the Act shall extend to Jersey —
a
section 180, except subsection (4); and
b
Part I of Schedule 18.
3
For the purpose of construing provisions of the Act, as extended by this Order, as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, unless a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Arrangements for Placement ofChildren (General) Regulations 1991 and shall come into force on 14thOctober 1991.
2
In these Regulations, unless the context otherwiserequires —
“ the Act ” means the Children Act 1989;
“area authority” means, in relation to a child who is or is to be placed, the localauthority in whose area the child is or is to be placed, where thechild is looked after by a different authority;
“care case” means a case in which the child is in the care of a localauthority ;
“placement” subject to regulation 13 means —
the provision of accommodation and maintenance by a local authorityfor any child whom they are looking after by any of the means specifiedin section 23(2)(a), (b), (c), (d) or (f) of the Act (accommodation andmaintenance of child looked after by a local authority);
the provision of accommodation for a child by a voluntaryorganisation by any of the means specified in section 59(1)(a), (b),(c), (d) or (f) of the Act (provision of accommodation by voluntaryorganisations), and
the provision of accommodation for a child in a registeredchildren’s home, and the expressions“place” and“placed” shall be construed accordingly;
“responsible authority” means —
in relation to a placement by a local authority (including one inwhich the child is accommodated and maintained in a voluntary home or aregistered children’s home), the local authority which place the child,
in relation to a placement by a voluntary organisation of a childwho is not looked after by a local authority, the voluntary organisationwhich place the child, and
in relation to a placement in a registered children’s home of achild who is neither looked after by a local authority nor accommodatedin such a home by a voluntary organisation, the person carrying on thehome.
3
Any notice required under these Regulations is to be given inwriting and may be sent by post.
4
In these Regulations, unless the context otherwiserequires —
a
any reference to a numbered regulation is to the regulation in theseRegulations bearing that number and any reference in a regulation to anumbered paragraph is to the paragraph of that regulation bearing thatnumber;
b
any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
Application of Regulations
2
These Regulations apply to placements —
a
by a local authority of any child;
b
by a voluntary organisation of a child who is not looked after by alocal authority;
c
in a registered children’s home of a child who is neither lookedafter by a local authority nor accommodated in such a home by avoluntary organisation, by a person carrying on the home.
Making of arrangements
3
1
Before they place a child the responsible authority shall, so far asis reasonably practicable, make immediate and long-term arrangements forthat placement, and for promoting the welfare of the child who is to beplaced.
2
Where it is not practicable to make those arrangements before theplacement, the responsible authority shall make them as soon asreasonably practicable thereafter.
3
In the case of a child to whom section 20(11) of the Act applies(child aged 16 or over agreeing to be provided with accommodation) thearrangements shall so far as reasonably practicable be agreed by theresponsible authority with the child before a placement is made and ifthat is not practicable as soon as reasonably practicable thereafter.
4
In any other case in which a child is looked after or accommodatedbut is not in care the arrangements shall so far as reasonablypracticable be agreed by the responsible authority with —
a
a person with parental responsibility for the child, or
b
if there is no such person the person who is caring for the child
before a placement is made and if that is not practicable as soon as reasonably practicable thereafter.
5
Any arrangements made by the responsible authority under thisregulation shall be recorded in writing.
Considerations on making and contents of arrangements
4
1
The considerations to which the responsible authority are to haveregard so far as reasonably practicable in making the arrangementsreferred to in regulation 3 in each case are the general considerationsspecified in Schedule 1, the considerations concerning the health of achild specified in Schedule 2 and the considerations concerning theeducation of a child specified in Schedule 3.
2
Except in a care case, the arrangements referred to in regulation 3shall include, where practicable, arrangements concerning the mattersspecified in Schedule 4.
Notification of arrangements
5
1
The responsible authority shall, so far as is reasonablypracticable, notify the following persons in writing of the arrangementsto place a child, before the placement is made —
a
any person an indication of whose wishes and feelings have beensought under section 22(4), section 61(2) or section 64(2) of the Act(consultation prior to decision making in respect of children lookedafter by a local authority, provided with accommodation by a voluntaryorganisation or in a registered children’s home);
b
the district health authority for the district in which the child isliving;
c
the local education authority for the area in which the child isliving;
d
the child’s registered medical practitioner;
e
the local authority for the area in which the child is living wherethe child is not placed by such an authority;
f
he area authority;
g
any person, not being an officer of a local authority, who is caringfor the child immediately before the arrangements are made;
h
except in a care case, any person in whose favour a contact order isin force with respect to the child, and
i
n a care case, any person who has contact with the child pursuant tosection 34 of the Act (contact with a child in care by parents etc ) orto an order under that section.
2
Where it is not practicable to give the notification before theplacement, it shall be given as soon as reasonably practicablethereafter.
3
The responsible authority shall send a copy of the arrangementsreferred to in regulation 3 or such part of the arrangements as theyconsider will not prejudice the welfare of the child with thenotification referred to in paragraph (1) but in the case ofnotification to those specified in paragraph (1)(b) to (i) they shallsend details of only such part of the arrangements as they considerthose persons need to know.
Arrangements for contact
6
In operating the arrangements referred to in paragraph 6 of Schedule4, a voluntary organisation or a person carrying on a registeredchildren’s home shall, unless it is not reasonably practicable orconsistent with the child’s welfare, endeavour to promote contactbetween the child and the persons mentioned in that paragraph.
Health requirements
7
1
A responsible authority shall, so far as reasonably practicablebefore a placement is made and if that is not reasonably practicable assoon as practicable after the placement is made —
a
ensure that arrangements are made for the child to be examined by aregistered medical practitioner and
b
require the practitioner who has carried out the examination to makea written assessment of the state of health of the child and his needfor health care
unless the child has been so examined and such assessment has been made within a period of three months immediately preceding the placementor the child is of sufficient understanding and he refuses to submit tothe examination.
2
During the placement of the child the responsible authority shallensure that arrangements are made for a child to be provided with healthcare services, including medical and dental care and treatment.
Establishment of records
8
1
A responsible authority shall establish, if one is not already inexistence, a written case record in respect of each child whom itplaces.
2
The record shall include —
a
a copy of the arrangements referred to in regulation 3;
b
a copy of any written report in its possession concerning thewelfare of the child;
c
a copy of any document considered or record established in thecourse of or as a result of a review of the child’s case;
d
details of arrangements for contact, of contact orders and of othercourt orders relating to the child; and
e
details of any arrangements whereby another person acts on behalf ofthe local authority or organisation which placed the child.
Retention and confidentiality of records
9
1
A case record relating to a child who is placed shall be retained bythe responsible authority until the seventy-fifth anniversary of thedate of birth of the child to whom it relates or, if the child diesbefore attaining the age of 18, for a period of 15 years beginning withthe date of his death.
2
The requirements of paragraph (1) may be complied with either byretaining the original written record, or a copy of it, or by keepingall of the information from such record in some other accessible form(such as by means of a computer).
3
A responsible authority shall secure the safe keeping of caserecords and shall take all necessary steps to ensure that informationcontained in them is treated as confidential, subject onlyto —
a
any provision of or made under or by virtue of, a statute underwhich access to such records or information may be obtained or given;
b
any court order under which access to such records or informationmay be obtained or given.
Register
10
1
A local authority, shall, in respect of every child placed in theirarea (by them and any other responsible authority) and every childplaced by them outside their area enter into a register to be kept forthe purpose —
a
the particulars specified in paragraph (3), and
b
such of the particulars specified in paragraph (4) as may beappropriate.
2
A voluntary organisation and a person carrying on a registeredchildren’s home shall, in respect of every child placed by them, enterinto a register to be kept for the purpose —
a
the particulars specified in paragraph (3), and
b
such of the particulars specified in paragraph (4) as may beappropriate.
3
The particulars to be entered into the register in accordance withparagraphs (1) or (2) are —
a
the name, sex and date of birth of the child;
b
the name and address of the person with whom the child is placedand, if different, of those of the child’s parent or other person notbeing a parent of his who has parental responsibility for him;
c
in the case of a child placed on behalf of a local authority by avoluntary organisation or in a registered children’s home, the name ofthe authority;
d
whether the child’s name is entered on any local authority registerindicating that the child is at risk of being abused;
e
whether the child’s name is entered on the register maintained underparagraph 2 of Schedule 2 to the Act (register of disabled children);
f
he date on which each placement of the child began and terminatedand the reason for each termination;
g
in a care case the name of the local authority in whose care thechild is;
h
the legal provisions under which the child is being looked after orcared for.
4
The additional particulars to be entered in the register, whereappropriate in accordance with paragraphs (1) or (2) are —
a
in the case of a child placed by a local authority in respect ofwhom arrangements have been made for the area authority to carry outfunctions pursuant to regulation 12 a note that the arrangements weremade and the name of the other local authority with whom they were made;and
b
in the case of a child who has been placed, in respect of whomarrangements have been made for supervision of the placement to becarried out on behalf of a responsible authority (otherwise thanpursuant to Regulation 12), a note that the arrangements were made andthe name of person with whom the arrangements were made.
5
Entries in registers kept in accordance with this regulation shallbe retained until the child to whom the entry relates attains the age of23 or, if the child has died before attaining 23, the period of 5 yearsbeginning with the date of his death.
6
The requirements of paragraph (1) may be complied with either byretaining the original register, or a copy of it, or by keeping all ofthe information from such a register in some other accessible form (suchas by means of a computer).
7
A responsible authority shall secure the safe keeping of registerskept in accordance with this regulation and shall take all necessarysteps to ensure that information contained in them is treated asconfidential, subject only to —
a
any provision of or made under or by virtue of a statute under whichaccess to such registers or information may be obtained or given;
b
any court order under which access to such registers or informationmay be obtained or given.
Access by guardians ad litem to records and register
11
Each voluntary organisation, where they are not acting as anauthorised person , and every person carrying on a registered children'shome shall provide a guardian ad litem of a child —
a
such access as may be required to —
i
case records and registers maintained in accordance with theseRegulations; and
ii
the information from such records or registers held in whatever form(such as by means of computer);
b
such copies of the records or entries in the registers as he mayrequire.
Arrangements between local authorities and area authorities
12
Where arrangements are made by a local authority which is lookingafter a child with an area authority for the area authority to carry outfunctions in relation to a placement on behalf of the localauthority —
a
the local authority shall supply the area authority with all suchinformation as is necessary to enable the area authority to carry outthose functions on behalf of the local authority;
b
the area authority shall keep the local authority informed of theprogress of the child and, in particular, shall furnish reports to thelocal authority following each visit to the home in which the child isplaced and following each review of the case of the child carried out bythe area authority on behalf of the local authority;
c
the local authority and the area authority shall consult each otherfrom time to time as necessary, and as soon as reasonably practicableafter each such review of the case of the child, with regard to whataction is required in relation to him.
Application of Regulations to short-term placements
13
1
This regulation applies to a series of short-term placements at thesame place where the following conditions are satisfied —
a
all the placements occur within a period which does not exceed oneyear;
b
no single placement is for a duration of more than four weeks; and
c
the total duration of the placements does not exceed 90 days.
2
Any series of short-term placements to which this regulation appliesmay be treated as a single placement for the purposes of theseRegulations.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991


text:
1
These Regulations may be cited as the Education (School Curriculumand Related Information) (Amendment) Regulations 1991 and shall comeinto force on 21st June 1991.
2
The following provisions of the Education (School Curriculum andRelated Information) Regulations 1989 are revoked, namely: paragraphs (1) to (4) and (6) ofregulation 8; paragraph (1) of regulation 9; paragraphs (2) and (3) ofregulation 10; and Schedule 1.
Signed by authority of the Secretary of State for Education and Science
Tim Eggar
Minister of State,
Department of Education and Science
30th May 1991.


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Registered Fever Nurses and Nurses with Orthopaedic and Ophthalmic Qualifications) Amendment Rules Approval Order 1991 and shall come into force on 13th January 1992.
William Wadegrave
One of Her Majesty’s Principal Secretaries of State
19th December 1991


text:
Citation and commencement
1
1
This Order may be cited as the Buckinghamshire, Hertfordshire, Northamptonshire and Oxfordshire (County Boundaries) Order 1991.
2
This Order shall come into force on 19th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order “boundary map” means one of the 10 maps prepared by the Department of the Environment, marked “Maps of the Buckinghamshire, Hertfordshire, Northamptonshire and Oxfordshire (County Boundaries) Order 1991”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Northamptonshire to Buckinghamshire
3
1
The area or areas of the county of Northamptonshire and the district of South Northamptonshire marked on a boundary map as shown in column 1 of Schedule 1 to this Order, and forming part of the parish specified in relation thereto in column 2, shall be transferred to —
a
the county of Buckinghamshire;
b
the electoral division of that county, the district and the ward of that district specified in relation to the area or areas in question in columns 3, 4 and 5 respectively;
c
the parish and petty sessional division specified in relation to the area or areas in question in column 6;
d
the North Buckinghamshire Coroner’s district.
2
Those parts of —
a
the county of Northamptonshire, the district of South Northamptonshire and the parish of Deanshanger marked B2 on boundary map 4;
b
the county of Northamptonshire, the district of South Northamptonshire and the parish of Old Stratford marked B1 on boundary map 3,
shall cease to be part of a parish and shall be transferred to —
i
the county of Buckinghamshire and the Stony Stratford electoral division of that county;
ii
the district of Milton Keynes and the Stony Stratford ward of that district;
iii
the Milton Keynes petty sessional division; and
iv
the North Buckinghamshire Coroner’s district.
Transfers from Buckinghamshire to Northamptonshire
4
The area or areas of the county of Buckinghamshire marked on a boundary map as shown in column 1 of Schedule 2 to this Order and forming part of the district and parish, if any, specified in relation thereto in columns 2 and 3, respectively, shall be transferred to —
a
the county of Northamptonshire and the district of South Northamptonshire;
b
the electoral division of that county and the ward of that district specified in relation to the area or areas in question in columns 4 and 5 respectively;
c
the parish and petty sessional division, if any, specified in relation to the area or areas in question in column 6; and
d
the Northampton Coroner’s district.
Transfers from Buckinghamshire to Hertfordshire
5
The area or areas of the county of Buckinghamshire marked on a boundary map as shown in column I of Schedule 3 to this Order and forming part of the district and parish specified in relation thereto in columns 2 and 3, respectively, shall be transferred to —
a
the county of Hertfordshire;
b
the electoral division of that county, the district and the ward of that district specified in relation to the area or areas in question in columns 4, 5 and 6 respectively; and
c
the parish, petty sessional division and Coroner’s district specified in relation to the area or areas in question in column 7.
Transfers from Hertfordshire to Buckinghamshire
6
The area or areas of the county of Hertfordshire and the district of Dacorum marked on a boundary map as shown in column 1 of Schedule 4 to this Order, and forming part of the parish specified in relation thereto in column 2 shall be transferred to —
a
the county of Buckinghamshire and the district of Chiltern;
b
the electoral division of that county and the ward of that district specified in relation to the area or areas in question in columns 3 and 4 respectively;
c
the parish, parish ward (if any) and the petty sessional division specified in relation to the area or areas in question in column 5; and
d
the South Buckinghamshire Coroner’s district.
Transfers from Buckinghamshire to Oxfordshire
7
Those parts of the county of Buckinghamshire, the district of Wycombe and the parish of Fawley marked A33 to A37 on boundary map 7 shall be transferred to —
a
the county of Oxfordshire and the Henley North electoral division of that county;
b
the district of South Oxfordshire and the Nettlebed ward of that district;
c
the parish of Bix and Assendon;
d
the Henley petty sessional division;
e
the Oxfordshire Coroner’s district.
Transfers from Oxfordshire to Buckinghamshire
8
Those parts of the county of Oxfordshire, the district of South Oxfordshire and the parish of Bix and Assendon marked A38 to A42 on boundary map 7 shall be transferred to —
a
the county of Buckinghamshire and the Marlow Rural electoral division of that county;
b
the district of Wycombe and the Hambleden Valley ward of that district;
c
the parish of Fawley;
d
the Wycombe petty sessional division;
e
the South Buckinghamshire Coroner’s district.
Transfers between parishes
9
The part of the parish of Hanslope, in the district of Milton Keynes, marked A23 on boundary map 2 shall be transferred to the parish of Stoke Goldington.
Consequential electoral changes in Three Rivers
10
1
On 6th May 1991 the number of persons representing the Chorleywood West ward on the Three Rivers District Council shall be increased from 2 to 3.
2
Subject to paragraph (3) below, of the 2 councillors elected for that ward on the ordinary day of elections in 1991 —
a
the councillor elected by the smaller number of votes shall retire in 1992; and
b
the other shall retire in 1995.
3
If the election of councillors in 1991 is not contested, the councillor who is to retire in 1992 shall be determined by lot.
4
Where such question is determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the discretion of the person presiding at the meeting.
Town and country planning
11
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1991


text:
Citation and commencement
1
This Order may be cited as the Newport (Gwent) Harbour Revision Order 1991 and shall come into force on 8th August 1991.
Repeal
2
The provisions of the Newport (Monmouthshire) Harbour Act 1836 listed in the Schedule to this Order are hereby repealed.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
7th August 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 2) Order 1991 and shall come into force on 2nd January 1992.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Agricultural buildings and operations
2
In Class A of Part 6 of Schedule 2 to the 1988 Order (agricultural buildings and operations) —
a
for paragraph A.2(2) substitute —
2
Development consisting of the erection of a building or the significant extension or significant alteration of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions —
a
the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;
b
the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;
c
the development shall not be begun before the occurrence of one of the following —
i
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
ii
where the local planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;
iii
the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
d
the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out —
i
where prior approval is required, in accordance with the details approved;
ii
where prior approval is not required, in accordance with the details submitted with the application;
e
the development shall be carried out —
i
where approval has been given by the local planning authority, within a period of five years from the date on which approval was given,
ii
in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).
3
In the case of development consisting of the significant extension or the significant alteration of a building, such development may be carried out only once.
;
b
at the end of paragraph A.3(2) (interpretation of Class A) insert —
“significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building.
.
Forestry buildings and operations
3
In Class A of Part 7 of Schedule 2 to the 1988 Order (forestry building and operations) —
a
for paragraph A.2 substitute —
A.2
1
Development consisting of the erection of a building or the significant extension or significant alteration of a building or the formation or alteration of a private way is permitted by Class A subject to the following conditions —
a
the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building or, as the case may be, the siting and means of construction of the private way;
b
the application shall be accompanied by a written description of the proposed development, the materials to be used and a plan indicating the site together with any fee required to be paid;
c
the development shall not be begun before the occurrence of one of the following —
i
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
ii
where the local planning authority gives the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;
iii
the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
d
the development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out —
i
where prior approval is required, in accordance with the details approved;
ii
where prior approval is not required, in accordance with the details submitted with the application;
e
the development shall be carried out —
i
where approval has been given by the local planning authority, within a period of five years from the date on which approval was given,
ii
in any case, within a period of five years from the date on which the local planning authority were given the information referred to in sub-paragraph (b).
2
In the case of development consisting of the significant extension or the significant alteration of the building such development may be carried out only once.
;
b
at the end of Class A insert —
Interpretation
A.3
For the purposes of this Class —
“significant extension” and “significant alteration” mean any extension or alteration of the building where the cubic content of the original building would be exceeded by more than 10% or the height of the building as extended or altered would exceed the height of the original building.
.
Michael Heseltine
Secretary of State for the Environment
10th October 1991
David Hunt
Secretary of State for Wales
10th October 1991


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Third Amendment) Regulations 1991 and shall come into force on 1st January 1992.
2
Regulation 4(1) of the Civil Aviation (Joint Financing) Regulations 1988 shall be amended by substituting respectively for the sums £25.45, £7.48 and £17.97 the sums £28.96, £8.72 and £20.24.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
4th December 1991
We consent to the makingof these Regulations.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1991


text:
1
This Order may be cited as the Conservation of Seals (Common Seals) (Shetland Islands Area) Order 1991 and shall come into force on 19th December 1991.
2
Any person is hereby prohibited from killing, injuring or taking of seals of the species known as Phoca vitulina (common seals), in the Shetland Islands Area and within the seaward limits of the territorial waters adjacent thereto.
3
The Conservation of Seals (Common seals) (Shetland Islands Area) Order 1990 is hereby revoked.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
21st November 1991


text:
1
This Order may be cited as the Combined Probation Areas (Hampshire) Order 1991 and shall come into force on 2nd September 1991.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Hampshire Probation Committee shall be amended by–
a
omitting the entries in respect of the petty sessions areas of Alton and Petersfield; and
b
inserting in alphabetical order in column 1 “Alton and Petersfield” and corresponding to this in column 3 “2”.
3
The members of the Hampshire Probation Committee appointed before 2nd September 1991 by the justices for the petty sessional divisions of Alton and Petersfield shall continue in office as if they had been appointed by the justices for the new petty sessional division of Alton and Petersfield.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd August 1991


text:
1
This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 7) Order 1991.
2
6th March 1991 is the day appointed for the coming into force of the following provisions of section 4 of the National Health Service and Community Care Act 1990 —
a
subsection (4),
b
subsections (1), (2), (5), (6) and (9) so far as they relate to a reference under subsection (4) of that section.
William Waldegrave
Secretary of State for Health
28th February 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 and shall come into force–
a
for the purposes of this regulation and regulations 12, 14, 15(e), 27, 30(e) and 35, on 5th August 1991;
b
for the purposes of regulations 8 to 11 and 24 to 26–
i
to the extent that they relate to a case where a student’s period of study begins on or after 1st August 1991 but before 2nd September 1991, on the first Monday of that period;
ii
to the extent that they relate to a case where a student’s period of study begins on or after 2nd September 1991, on 2nd September 1991;
c
for the purposes of regulations 3 to 7, 13, 15(a) to (d), 17, 18, 20 to 23, 28, 29, 30(a) to (d) and 32 to 34, on 7th October 1991;
d
for the purposes of regulations 19 and 31, on 1st April 1992;
e
for the purposes of regulations 2 and 16–
i
to the extent that they relate to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1992;
ii
in any other case, on 6th April 1992.
2
In these Regulations–
a
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ;
b
“the 1989 Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Amendment of regulation 4 of the 1987 Regulations
2
In regulation 4(1) of the 1987 Regulations (remunerative work) for the words “24 hours” there shall be substituted the words “16 hours”.
Amendment of regulation 21 of the 1987 Regulations
3
In regulation 21 of the 1987 Regulations (calculation of income on a weekly basis)–
a
in paragraph (1)(a) for the words “this Part” there shall be substituted the words “this Part and Chapters I and III of Part VII”;
b
for paragraph (2) there shall be substituted the following paragraph–
2
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 34 (capital treated as income) and income which a claimant is treated as possessing under regulation 35 (notional income).
Amendment of regulation 31 of the 1987 Regulations
4
In regulation 31(2) of the 1987 Regulations (calculation of net profit of selfemployed earners) for the words “paragraphs 1 to 11” there shall be substituted the words “paragraphs 1 to 12”.
Amendment of regulations 35 and 43 of and Schedule 4 to the 1987 Regulations
5
In the following provisions of the 1987 Regulations for the words “household fuel,” there shall be substituted the words “household fuel or”, the words “, community charge or water charges” shall be omitted and at the end of each provision after the word “family” there shall be added the words “or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable”–
a
regulation 35(3)(a) (notional income);
b
regulation 43(3)(a) (notional capital);
c
Schedule 4 paragraph 13(2) (disregard of charitable payments from income).
Further amendments of regulation 35 of the 1987 Regulations
6
In regulation 35(5) of the 1987 Regulations (notional income for services provided by a claimant)–
a
in sub-paragraph (b) for the words “the area; and” there shall be substituted the words “the area,”;
b
sub-paragraph (c) shall be omitted;
c
after the words “for that employment” there shall be inserted the words “unless the claimant satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service”.
Amendment of regulation 43A of the 1987 Regulations
7
In regulation 43A of the 1987 Regulations (diminishing notional capital rule) at the end of paragraph (4)(a) the following words shall be added–
and, for the purposes of this sub-paragraph, if the relevant week is a week to which regulation 69(5)(a) refers (calculation of weekly amounts), that amount shall be determined by dividing the amount of housing benefit to which he would have been so entitled by the number of days in that week for which he was liable to make payments in respect of the dwelling he occupies as his home and multiplying the quotient so obtained by 7
.
Amendment of regulation 46 of the 1987 Regulations
8
In regulation 46 of the 1987 Regulations (interpretation)–
a
after the definition of “grant income” there shall be inserted the following definition–
“Last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
;
b
in the definition of “period of study”–
i
in paragraph (a) for the words “to the end” there shall be substituted the words “and ending with the last day of the course”;
ii
in paragraph (b), after the words “any subsequent year of the course,” there shall be added the words “other than the final year of the course,”;
iii
after paragraph (b)(ii) there shall be added the following paragraph–
c
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
;
c
in the definition of “student”, for the words “the end of the course” there shall be substituted the words “the last day of the course”.
Amendment of regulation 51 of the 1987 Regulations
9
In regulation 51(1) of the 1987 Regulations (eligible rent) for the figures “£22.45” and “£15.55” there shall be substituted the figures “£23.45” and “£16.25” respectively.
Amendment of regulation 53 of the 1987 Regulations
10
In regulation 53(2)(g) of the 1987 Regulations (calculation of grant income) for the amount “£246” there shall be substituted the amount “£257”.
Amendment of regulation 57A of the 1987 Regulations
11
In regulation 57A(2)(b) of the 1987 Regulations (treatment of student loans) for the words “the date on which the course ends,” there shall be substituted the words “the last day of the course,”.
Amendment of regulation 72 of the 1987 Regulations
12
In regulation 72(5)(bb) of the 1987 Regulations (the date on which a claim is made) after the words “designated office” there shall be inserted the words “or appropriate DSS office”.
Amendment of regulation 99 of the 1987 regulations
13
Regulation 99 of the 1987 Regulations (recoverable overpayments) shall be amended in accordance with the following paragraphs–
a
in paragraph (2) at the beginning there shall be inserted the words “Subject to paragraph (4),”;
b
after paragraph (3) there shall be added the following new paragraph–
4
Where in consequence of an official error, a person has been awarded rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being reviewed any overpayment of benefit, which remains credited to him by the appropriate authority in respect of a period after the date of the review, shall be recoverable.
.
Amendment of Schedule 1 to the 1987 Regulations
14
In Schedule 1 to the 1987 Regulations (ineligible service charges) in paragraph 1(a)(iii) for the words “(except television and radio relay charges)” there shall be substituted the words–
(except radio relay charges, charges made in respect of the conveyance and the installation and maintenance of equipment for such conveyance of a television broadcasting service which is not a domestic satellite service, or charges made in respect of the conveyance and the installation and maintenance of equipment for such conveyance of a television programme service where in respect of the claimant’s dwelling the installation of such equipment is the only practicable means of conveying satisfactorily a television broadcasting service which is not a domestic satellite service, as these services are defined in the Broadcasting Act 1990 )
.
Amendment of Schedule 2 to the 1987 Regulations
15
In Schedule 2 to the 1987 Regulations (applicable amounts)
a
in paragraph 1 for the amount “£31.15” there shall be substituted the amount “£31.40”;
b
for the Table in paragraph 2 (allowances with respect to a child or young person) there shall be substituted the Table in the Schedule to these Regulations;
c
in paragraph 3 (family premium) for the amount “£7.95” there shall be substituted the amount “£8.70”;
d
in paragraph 14ZA (carer premium) after sub-paragraph (2) there shall be added the following sub-paragraphs–
3
Where a carer premium is awarded but the person in respect of whom it is awarded either ceases to be in receipt of invalid care allowance or ceases to be treated as being in receipt of invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
4
Where a person who has been receiving, or who has been treated as receiving invalid care allowance, ceases to be in receipt of, or ceases to be treated as being in receipt of, that allowance and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.
;
e
in paragraph 14A for the words “paragraphs 12 to 14” there shall be substituted the words “paragraphs 12 to 14ZA”.
Amendment of Schedule 3 to the 1987 Regulations
16
In paragraph 15 of Schedule 3 to the 1987 Regulations (sums to be disregarded in the calculation of earnings) for the words “24 hours” there shall be substituted the words “16 hours”.
Amendment of Schedule 4 to the 1987 Regulations
17
In Schedule 4 to the 1987 Regulations (sums to be disregarded in the calculation of income other than earnings) in paragraph 14 for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
a pension paid by the government of a country outside Great Britain which is either–
i
analogous to a war disablement pension; or
ii
analogous to a war widow’s pension;
.
Amendment of Schedule 5 to the 1987 Regulations
18
In Schedule 5 to the 1987 Regulations (capital to be disregarded)–
a
in paragraph 4(a) after the word “family” there shall be inserted the words “as his home”;
b
in paragraph 30 after the word “occupational” there shall be inserted the words “or personal”.
Amendment of regulation 3 of the 1989 Regulations
19
In regulation 3(1) of the 1989 Regulations (remunerative work) for the words “24 hours” there shall be substituted the words “16 hours”.
Amendment of regulation 12 of the 1989 Regulations
20
In regulation 12 of the 1989 Regulations (calculation of income on a weekly basis)–
a
in paragraph (1)(a) for the words “this Part” there shall be substituted the words “this Part and Part V;”;
b
for paragraph (2) there shall be substituted the following paragraph–
2
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 24 (capital treated as income) and income which a claimant is treated as possessing under regulation 25 (notional income).
.
Amendment of regulation 21 of the 1989 Regulations
21
In regulation 21(2) of the 1989 Regulations (calculation of net profit of selfemployed earners) for the words “paragraphs 1 to 11” there shall be substituted the words “paragraphs 1 to 12”.
Amendment of regulation 25 of the 1989 Regulations
22
In regulation 25(5) of the 1989 Regulations (notional income for services provided by a claimant)–
a
in sub-paragraph (b) for the words “the area; and” there shall be substituted the words “the area,”;
b
sub-paragraph (c) shall be omitted;
c
after the words “for that employment” there shall be inserted the words “unless the claimant satisfies the authority that the means of that person are insufficient for him to pay or to pay more for the service”.
Amendment of regulation 33A of the 1989 Regulations
23
In regulation 33A of the 1989 Regulations (diminishing notional capital rule) –
a
in paragraph (4)(b) after head (ii) the following words shall be added–
and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of housing benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;
;
b
in paragraph (8) for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
“part-week”–
i
in paragraph (4)(a) means a period of less than a week for which community charge benefit is allowed,
ii
in paragraph 4(b) means a period of less than a week for which housing benefit is payable;
.
Amendment of regulation 36 of the 1989 Regulations
24
In regulation 36 of the 1989 Regulations (interpretation)–
a
after the definition of “grant income” there shall be inserted the following definition–
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
;
b
in the definition of “period of study”–
i
in paragraph (a) for the words “to the end” there shall be substituted the words “and ending with the last day of the course”;
ii
in paragraph (b) after the words “any subsequent year of the course,” there shall be added the words “other than the final year of the course,”;
iii
after paragraph (b)(ii) there shall be added the following paragraph–
c
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
;
c
in the definition of “student” for the words “the end of the course” there shall be substituted the words “the last day of the course”.
Amendment of regulation 38 of the 1989 Regulations
25
In regulation 38(2)(g) of the 1989 Regulations (calculation of grant income) for the amount “£246” there shall be substituted the amount “£257”.
Amendment of regulation 42A of the 1989 Regulations
26
In regulation 42A(2)(b) of the 1989 Regulations (treatment of student loans) for the words “the date on which the course ends,” there shall be substituted the words “the last day of the course,”.
Amendment of regulation 60 of the 1989 Regulations
27
In regulation 60(6)(bb) of the 1989 Regulations (the date on which a claim is made) after the words “designated office” there shall be inserted the words “or appropriate social security office”.
Amendment of regulation 65 of the 1989 Regulations
28
In regulation 65 of the 1989 Regulations (notification of determinations) at the beginning there shall be inserted the words “Except in cases to which paragraphs (a) to (d) of regulation 83 (excess benefits in consequence of a reduction of an appropriate authority’s personal community charge) refer,”.
Amendment of regulation 84 of the 1989 Regulations
29
In regulation 84 of the 1989 Regulations (recoverable excess benefits)–
a
in paragraph (2) at the beginning there shall be inserted the words “Subject to paragraphs (4) and (5),”;
b
after paragraph (4) there shall be added the following paragraph–
5
Where in consequence of an official error a person has been awarded excess benefits, upon the award being reviewed any excess benefits which remain credited to him by the appropriate authority in respect of a period after the date of the review, shall be recoverable.
.
Amendment of Schedule 1 to the 1989 Regulations
30
In Schedule 1 to the 1989 Regulations (applicable amounts) –
a
in paragraph 1 for the amount “£31.15” there shall be substituted the amount “£31.40”;
b
for the Table in paragraph 2 (allowances with respect to a child or young person) there shall be substituted the Table in the Schedule to these Regulations;
c
in paragraph 3 (family premium) for the amount “£7.95” there shall be substituted the amount “£8.70”;
d
in paragraph 15A (carer premium) after sub-paragraph (2) there shall be added the following sub-paragraphs–
3
Where a carer premium is awarded but the person in respect of whom it is awarded either ceases to be in receipt of invalid care allowance or ceases to be treated as being in receipt of invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of 8 weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
4
Where a person who has been receiving, or who has been treated as receiving invalid care allowance, ceases to be in receipt of, or ceases to be treated as being in receipt of, that allowance and makes a claim for community charge benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of 8 weeks from the date the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.
;
e
in paragraph 16 for the words “paragraphs 13 to 15” there shall be substituted the words “paragraphs 13 to 15A”.
Amendment of Schedule 2 to the 1989 Regulations
31
In paragraph 15 of Schedule 2 to the 1989 Regulations (sums to be disregarded in the calculation of earnings) for the words “24 hours” there shall be substituted the words “16 hours”.
Amendment of Schedule 3 to the 1989 Regulations
32
In Schedule 3 to the 1989 Regulations (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 13(2) for the words “community charge” there shall be substituted the words “personal community charge, collective community charge contribu tions” and after the word “family” there shall be added the words “or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable”;
b
in paragraph 14 for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
a pension paid by the government of a country outside Great Britain which is either–
i
analogous to a war disablement pension; or
ii
analogous to a war widow’s pension;
.
Amendment of Schedule 4 to the 1989 Regulations
33
In Schedule 4 to the 1989 Regulations (capital to be disregarded)–
a
in paragraph 4(a) after the word “family” there shall be inserted the words “as his home”;
b
in paragraph 30 after the word “occupational” there shall be inserted the words “or personal”.
Amendment of Schedule 5 to the 1989 Regulations
34
In Schedule 5 to the 1989 Regulations (matters to be included in a notice of a benefit determination) in paragraph 13 at the beginning there shall be inserted the words–
Except in cases to which paragraphs (a) to (d) of regulation 83 (excess benefits in consequence of a reduction in an appropriate authority’s personal community charge) refer,
.
Transitional provision
35
Where an appropriate authority reviews an award of housing benefit or community charge benefit solely in consequence of–
a
the increases in the allowance applicable in respect of a child or young person or in the family premium made by regulations 15(b) and (c) and 30(b) and (c) of these Regulations; and
b
the increase in child benefit made under the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No. 2 Regulations 1991 ;
and determines that no change in the amount of the award is to be made, the authority shall not be required under either regulation 77 of the 1987 Regulations or regulation 65 of the 1989 Regulations (notification of determinations) to issue a notification of their determination to any person affected by the determination.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
11th July 1991


text:
1
This Order may be cited as the Value Added Tax (Charities) Order 1991 and shall come into force on 1st April 1991.
2
Group 16 (Charities, etc. ) of Schedule 5 to the Value Added Tax Act 1983 shall be varied in accordance with articles 3 to 8 of this Order.
3
For item 1 there shall be substituted the following item:
1
The supply by a charity of any goods which have been donated for sale or the supply of such goods by a taxable person who has covenanted by deed to give all the profits of that supply to a charity.
4
For item 8 there shall be substituted the following item:
8
The supply to a charity, for the purpose of raising money for, or making known the objects or reasons for the objects of, the charity, of —
a
the broadcast on television or radio or screening in a cinema of an advertisement; or
b
the publication of an advertisement in any newspaper, journal, poster, programme, annual leaflet, brochure, pamphlet, periodical or similar publication; or
c
any goods or services in connection with the preparation of an advertisement within (b) above.
5
In item 9, after the word “medical” where it appears for the second time, there shall be inserted the words “or veterinary”.
6
In item 10, after the word “medical”, there shall be inserted the words “or veterinary”.
7
Note (2) shall be deleted.
8
In Note (4)(a), after the word “medical” where it appears for the second time, there shall be inserted the words “or veterinary”.
9
Group 12 (Fund-Raising Events by Charities and Other Qualifying Bodies) of Schedule 6 to the Value Added Tax Act 1983 shall be varied by inserting after Note (1) the following Note:
1A
For the purposes of item 1 “charity” includes a body corporate which is wholly owned by a charity and whose profits (from whatever source) are payable to a charity by virtue of a deed of covenant or trust or otherwise.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1991


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) (No. 2) Regulations 1991 and shall come into force on 9th December 1991.
2
The following shall be substituted for paragraph (3) of regulation 7 of the Education (Bursaries for Teacher Training) Regulations 1988 —
3
In addition to the sums payable under paragraph (1), an allowance of £500 a year shall be paid to a student who attends a course which is designed to prepare persons to teach pupils either aged 11 to 16 or of all ages in secondary schools and the principal subject matter of which is physics.
Kenneth Clarke
Secretary of State for Education and Science
14th November 1991
David Hunt
Secretary of State for Wales
14th November 1991


text:
Citation and commencement
1
1
This Order may be cited as the Bure Valley Railway Light Railway (Amendment) Order 1991 and shall come into force on 19th September 1991.
2
This Order and the Bure Valley Railway Light Railway Order 1989 may be cited together as the Bure Valley Railway Light Railway Orders 1989 to 1991.
Amendment of 1989 Order
2
For the definition of “the Company” in article 2 of the Bure Valley Railway Light Railway Order 1989 there shall be substituted the following definition —
“the Company” means Bure Valley Railway (1991) Limited incorporated under the Companies Act 1985 and having its registered office at Imperial Buildings, Corporation Street, Rotherham, S60 1PB.
Costs of Order
3
All costs, charges and expenses incurred by the Council in, or incidental to, the preparing for, obtaining and making of this Order, or otherwise in relation thereto, shall be paid by the Council and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
18th September 1991


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 1991 and shall come into force on 1st January 1992.
2
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules 1991 made on 15th October 1991 by the Insurance Brokers Registration Council in exercise of their powers under section 8(2) of the Insurance Brokers (Registration) Act 1977 are hereby approved.
3
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 1988 is hereby revoked.
John Redwood
Minister of State,
Department of Trade and Industry
6th November 1991


text:
1
This Order may be cited as the Merseyside Traffic Control System (Revocation) (No. 2) Order 1991 and shall come into force on the 31st March 1991.
2
1
The Merseyside Traffic Control System (Revocation) Order 1991 is hereby amended as follows.
2
In article 2–
a
for paragraph (1) there shall be substituted the following paragraph–
1
The Merseyside Traffic Control System (Transfer) Order 1986 is hereby revoked.
;
b
after paragraph (1), there shall be inserted the following paragraph–
1A
Article 3 of the Merseyside Traffic Control System (Transfer) Order 1988 shall be omitted.
3
After article 3 there shall be inserted the following article–
3A
Subject to articles 4and 5, Part V of the Road Traffic Regulation Act 1984 shall have effect as from revocation date as if the Merseyside Traffic Control System (Transfer) Order 1986 had never been made.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
22nd March 1991


text:
1
These Regulations may be cited as the Education (Particulars ofIndependent Schools) (Amendment) Regulations 1991 and shall come intoforce on 15th May 1991.
2
The Education (Particulars of Independent Schools) Regulations 1982 shall be amended as follows —
a
for regulation 7 (misconduct reports) there shall be substituted thefollowing regulation —
7
Where a person is dismissed from employment as a member of thestaff of a registered school on grounds of his misconduct (whether ornot he is convicted of a criminal offence) or would have been sodismissed or considered for dismissal but for his resignation, theproprietor shall report the facts of the case to the Secretary of Statein writing within one month of the dismissal or, if given, of any noticeof dismissal or, as the case may be, within one month of theresignation.
; and
b
for paragraph 7 of the Schedule (particulars relating to the school)there shall be substituted the following paragraph —
7
Individual particulars relating to the staff comprising, in respectof each individual, his full name, date of birth and the capacity inwhich he is employed and, in the case of each teacher, hisqualifications and a statement that he is the head teacher, a full-timeassistant teacher or a part-time assistant teacher.
.
3
Regulation 7 of the Education (Particulars of Independent Schools)Regulations 1982, as substituted by regulation 2(a) of theseRegulations, shall not apply in respect of a person, other than ateacher, where the dismissal or resignation takes place or the notice ofdismissal is given before the date that these Regulations come intoforce.
Kenneth Clarke
Secretary of State for Education and Science
16th April 1991
David Hunt
Secretary of State for Wales
16th April 1991


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Community Health Councils (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
These Regulations apply only to Community Health Councils in Wales.
Amendment of the Community Health Councils Regulations
2
1
The Community Health Councils Regulations 1985 shall be amended as follows.
2
In regulation 2(5) (exercise of functions relating to Councils) for the words “A District Authority in Wales” there shall be substituted the words “In Wales, the Welsh Health Common Services Authority ”.
David Hunt
Secretary of State for Wales
12th February 1991


text:
1
This Order may be cited as the Agricultural Mortgage Corporation (Specified Day for Repeals) Order 1991.
2
The 25th September 1991 is specified as the day on which the repeals in Part I of the Schedule to the Agriculture and Forestry (Financial Provisions) Act 1991 shall take effect.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th August 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
August 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1991 and shall come into force on 1st April 1991.
Interpretation
2
1
In these Regulations —
“the 1989 Regulations ” means the Education (Teachers) Regulations 1989 ;
“the Act 1981 ” means the Education Act 1981 ;
“approval” means approval of a school for the purposes of section 11(3)(a) of the Act of 1981 and “approved” in relation to such a school shall be construed accordingly;
“boarding school” means a school which has boarders whether or not it also has day children, and “boarder” includes a child at a boarding school who is accommodated there during there during school holidays and a child who is accommodated there during the week, but not at weekends, in the school term;
“child with a statement” means a child for whom a statement is maintained under section 7 of the Act 1981;
“head of care” means a person who is in daily charge of the care and welfare of boarders;
“hearing impaired” means deaf or partially hearing;
“local authority” means a local authority acting in the discharge of their functions under any of the enactments specified in Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to the social services committee) or, so long as an order under section 12 of that Act is in force, the Council of the Isles of Scilly;
“relevant local education authority”, in relation to a child with a statement, means the local education authority by whom that statement is maintained; and
“visually impaired” means blind or partially sighted.
2
Except where the context otherwise requires, any reference in these Regulations to a regulation of Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Shedule to a paragraph is a reference to a paragraph of the regulation or Schedule, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Conditions of approval of independent schools
3
The requirements set out in Schedule 1 shall be complied with by an independent school as a condition of its approval for the purposes of section 11(3)(a) of the Act of 1981.
Requirements to be complied with by an approved independent school
4
While an approval is in force with respect to an independent school the school shall comply with the requirements set out in Schedules 1 and 2.
Withdrawal of approval
5
1
Subject to paragraph (2), the Secretary of State may withdraw his approval of a school on the ground that, in the case of that school, there has been a failure to comply with any of the requirements referred to in regulation 4.
2
Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of children at the school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without —
a
consulting the proprietor of the school, and
b
if the proprietor so requests, affording the school a period specified by the Secretary of State within which to comply with the requirement with which the school has not complied.
3
The Secretary of State shall withdraw his approval of a school if the proprietor thereof in writing requests him so to do.