text:
Citation and commencement
1
These Regulations may be cited as the Tax-exempt Special Savings Account Regulations 1990 and shall come into force on 19th December 1990.
Interpretation
2
In these Regulations unless the context otherwise requires–
“account” means a deposit account or share account which is a tax-exempt special savings account for the purposes of section 326A of the Taxes Act ;
“account-holder” means the holder of an account;
“the Board” means the Commissioners of Inland Revenue;
“notice” means notice in writing and “notify” shall be construed accordingly;
“the principal sections” means sections 326A and 326B of the Taxes Act ; a “society or institution” means a building society or an institution authorised under the Banking Act 1987 ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“year” means a year beginning with 6th April in any year and ending with 5th April in the following year.
Introductory
3
These Regulations–
a
prescribe a condition additional to those set out in section 326A of the Taxes Act which must be satisfied if an account is to be or remain a tax-exempt special savings account;
b
make provision for the giving by the Board to societies and institutions of notices prohibiting them from operating new accounts, including provision about appeals against the giving of notices;
c
require societies and institutions operating or proposing to operate accounts to give information and send documents to the Board and to make documents available for inspection;
d
make provision as to the transfer of accounts from one society or institution to another;
e
generally supplement the provisions of the principal sections.
Additional condition as to transferability
4
An account must be transferable from one society or institution to another society or institution which–
a
has notified the Board of its intention to operate accounts,
b
has not ceased, or ceased to be entitled, to operate accounts, and
c
has not been prohibited from operating new accounts by the giving of a prohibition notice which is in force,
but not otherwise, on such terms as may be agreed between the account-holder and any society or institution concerned.
Notification by society or institution of intention to operate accounts
5
1
A society or institution shall before it begins to operate accounts notify the Board of its intention to do so and as part of that notification shall provide the Board with the information specified in paragraph (2) and a certificate in the terms specified in paragraph (3).
2
The information specified in this paragraph is–
a
the name under which it is incorporated or registered and, if it is not incorporated or registered in the United Kingdom, the State or territory in which it is incorporated or registered;
b
its principal address in the United Kingdom including postcode;
c
the tax office to which its accounts are submitted and its reference number there; and
d
the date from which it intends to operate accounts.
3
The certificate specified in this paragraph is a certificate that the society or institution is a building society or is authorised under the Banking Act 1987 as the case may be.
Conditions for application for an account to be opened
6
1
An application by an individual for an account to be opened must be made to a society or institution in writing and shall contain the information as to the individual specified in paragraph (2), the declaration by the individual specified in paragraph (3) and the statement specified in paragraph (4).
2
The information specified in this paragraph is–
a
his full name,
b
his permanent address including postcode,
c
his date of birth, and
d
if he has one, his national insurance number.
3
The declaration by the individual specified in this paragraph is that–
a
he is aged 18 or more,
b
he has not made an application for any other account to be opened (with the same or any other society or institution) nor has such an account been opened,
c
he will not make any other application for an account to be opened (with the same or any other society or institution) while he holds the account opened in pursuance of the application,
d
he will not hold the account on behalf of another person, and
e
to the best of his knowledge all information provided in the application is true.
4
The statement specified in this paragraph is that false statements made in connection with the application may result in penalties or prosecution.
5
A society or institution may not accept an application from an individual if it has reason to believe that he–
a
is not, or might not be entitled to, open an account, or
b
has given untrue information in his application.
Transfer of accounts
7
1
Subject to paragraph (2), where–
a
arrangements are made by an account-holder to transfer an account from one society or institution (“the transferor”) to another society or institution (“the transferee”), or
b
an account is transferred in consequence of the transferor ceasing, or ceasing to be entitled, to operate accounts,
the transfer shall have effect and the account shall not be otherwise affected for the purposes of the principal sections and these Regulations by reason of the transfer.
2
The transferor shall within 30 days after the date of transfer give the transferee a notice containing the information specified in paragraph (3) and the declaration specified in paragraph (4) and shall supply the transferee with the original written application made by the account-holder for the account to be opened or a certified copy of that application.
3
The information specified in this paragraph is–
a
as regards the account-holder–
i
his full name,
ii
his permanent address including postcode,
iii
his date of birth, and
iv
if he he has one, his national insurance number, and
b
as regards the account–
i
the number allocated to that account by the transferor,
ii
the date of transfer,
iii
the date on which the account was opened (whether with the transferor or with any other society or institution which previously operated the account),
iv
the total of all amounts deposited in, or subscribed for shares in connection with, the account since it was opened,
v
the total of all amounts of interest, dividend and bonus paid or credited to the account since it was opened,
vi
the total of all amounts deposited in, or subscribed for shares in connection with, the account in the period beginning with the last anniversary of the opening of the account before the date of transfer and ending with the date of transfer,
vii
the amount of interest, dividend and bonus paid or credited to the account which was not available for withdrawal at the date of transfer, and
viii
the amount which was available for withdrawal at that date.
4
The declaration specified in this paragraph is a declaration by the transferor that–
a
the total of all amounts withdrawn from the account in the period beginning with the date on which it was opened and ending with the date of transfer, together with any fee payable to the transferor in connection with the transfer which is to be paid out of the account, does not exceed the total of all amounts of interest, dividend and bonus paid or credited to the account in that period after deducting income tax from each such amount at the basic rate when it was paid or credited;
b
the account-holder has not assigned any rights to the account nor used such rights as security for a loan;
c
the information contained in the notice is to the best of its knowledge correct and that it has fulfilled all its obligations to the account-holder.
Prohibition notices
8
1
The Board may in the circumstances specified in paragraph (2) give a notice (in this regulation and in regulation 9 referred to as a “prohibition notice”) to a society or institution prohibiting the society or institution to which it is given from operating new accounts.
2
The circumstances specified in this paragraph are where the Board have reason to believe that the society or institution has failed to comply with any provision of the principal sections or of these Regulations.
3
A prohibition notice shall state–
a
the date from which the society or institution is prohibited from operating new accounts; and
b
the circumstances in which the notice is given.
4
A prohibition notice shall remain in force until it is cancelled by a further notice given by the Board to the society or institution withdrawing the prohibition from operating new accounts or it is quashed by the Special Commissioners on appeal.
Appeals against prohibition notices
9
1
A society or institution to whom a prohibition notice has been given under regulation 8 may appeal against the notice by notice given to the Board within 30 days after the date of the notice of prohibition.
2
The appeal shall be to the Special Commissioners.
3
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to an appeal under this regulation and the Special Commissioners shall on appeal to them confirm the prohibition notice unless they are satisfied that it ought to be quashed.
Society or institution ceasing to act
10
A society or institution shall give notice to the Board and to the account-holder of its intention to cease to operate an account within a reasonable time before it so ceases so that its obligations in relation to the account (including the transfer of the account to another society or institution) can be conveniently discharged at or about the time it ceases to act.
Society or institution ceasing to be entitled to operate accounts
11
A society or institution shall cease to be entitled to operate accounts and shall notify the Board forthwith of that fact where–
a
it ceases to be a building society or, as the case may be, to be authorised under the Banking Act 1987 ; or
b
its directors have made a proposal under Part I of the Insolvency Act 1986 for a composition in satisfaction of its debts or a scheme of arrangement of its affairs; or
c
an administration order is made in relation to it; or
d
a receiver or manager of its property has been appointed; or
e
a resolution has been passed or a petition has been presented to wind it up.
Return of aggregate information by society or institution
12
1
A society or institution shall within 30 days after each of the aggregate reporting dates specified in paragraph (2), and after ceasing to or ceasing to be entitled to operate accounts, deliver to the Board a return signed on behalf of the society or institution making it which contains the aggregate information specified in paragraph (3).
2
The aggregate reporting dates specified in this paragraph are 31st March, 30th June, 30th September and 31st December in each year that the society or institution operates accounts.
3
The aggregate information specified in this paragraph is information relating to the period beginning with 1st January 1991, or the date on which the society or institution first began to operate accounts, and ending with the relevant aggregate reporting date or date of cessation, as to–
a
the total number of accounts opened by the society or institution in that period (including accounts transferred to other societies or institutions but excluding those transferred from other societies or institutions);
b
the total number of accounts closed in that period, whether at the end of the period of five years beginning with the day on which they were opened or on the earlier death of the account-holder;
c
the total number of accounts which ceased to be tax-exempt special savings accounts in that period for any of the reasons mentioned in section 326B(1) of the Taxes Act;
d
the total number of accounts transferred to other societies or institutions in that period;
e
the total amount which in that period was deposited in, or subscribed for shares in connection with, accounts which were being operated by the society or institution at the relevant aggregate reporting date or date of cessation;
f
the total amount of interest, dividends and bonus which in that period was credited to accounts which were being operated by the society or institution at the relevant aggregate reporting date or date of cessation;
g
the total amount held in accounts at the relevant aggregate reporting date or date of cessation; and
h
the total amount of income tax deducted from interest, dividends and bonus paid or credited to accounts which ceased to be tax-exempt special savings accounts for any of the reasons mentioned in section 326B(1) of the Taxes Act.
Return of individual information by society or institution
13
1
A society or institution shall within three months after each of the individual reporting dates specified in paragraph (2), and after ceasing to or ceasing to be entitled to operate accounts, deliver to the Board a return signed on behalf of the society or institution making it (or, where the return is made on magnetic tape, accompanied by a certificate signed on behalf of the society or institution as to the contents of the tape) which contains the individual information specified in paragraph (3).
2
The individual reporting dates specified in this paragraph are 31st March 1992 and 31st March in each year thereafter.
3
The individual information specified in this paragraph is information relating to each account operated in the period beginning with the date on which the society or institution began to operate accounts, or with the day following the previous individual reporting date, whichever is the later, and ending with the relevant individual reporting date or date of cessation, as to–
a
as regards the account-holder–
i
his full name,
ii
his permanent address including postcode,
iii
his date of birth, and
iv
if he has one, his national insurance number, and
b
as regards the account–
i
the number allocated to that account by the society or institution,
ii
the date on which the account was opened (whether with the society or institution making the return or with any other society or institution which previously operated the account),
iii
all amounts deposited in, or subscribed for shares in connection with, the account in the period beginning with the date on which the account was opened and ending with the relevant individual reporting date or date of cessation,
iv
the balance at the relevant individual reporting date or date of cessation,
v
in the case of an account which has closed or has ceased to be a tax-exempt special savings account, the date on which that happened, and
vi
in either of the cases referred to in paragraph (v), whether the account was closed at the end of the period of five years beginning with the day on which the account was opened, or on the earlier death of the account holder, or ceased to be a tax-exempt special savings account for any of the reasons mentioned in section 326B(1) of the Taxes Act, or was transferred to another society or institution.
Records to be kept by society or institution
14
A society or institution shall at all times keep sufficient records in respect of each account that it operates to enable the requirements of the principal sections and of these Regulations to be satisfied and in particular, but without prejudice to the generality of the foregoing, every application under regulation 6 and a record of amounts deposited in, or subscribed in connection with or withdrawn from an account shall be preserved by the society or institution so as to be available for inspection under regulation 16 for a period of two years after the account was closed or ceased to be a tax-exempt special savings account.
Information to be provided to the Board
15
The Board may by notice require any society or institution which operates or which at any time has operated accounts, or any individual who is or has at any time been an account-holder, within such time (not being less than 14 days) as may be provided by the notice, to furnish them with such information (including copies of or extracts from any relevant books or other records) relating to–
a
any account; or
b
any account (not being a tax-exempt special savings account) with which they have reason to believe an account is or may be connected within the meaning of section 326A(8) of the Taxes Act;
as they may reasonably require for the purposes of the principal sections or of these Regulations.
Inspection of records by officer of the Board
16
The Board may by notice require any society or institution which operates or which at any time has operated accounts, or any individual who is or has at any time been an account-holder, within such time (not being less than 14 days) as may be provided in the notice, to make available for inspection by an officer of the Board authorised for that purpose such documents (including relevant books and other records) as are in that person’s possession or under that person’s control containing information relating to–
a
any account; or
b
any account (not being a tax-exempt special savings account) with which they have reason to believe an account is or may be connected within the meaning of section 326A(8) of the Taxes Act;
as they may reasonably require for the purposes of the principal sections or of these Regulations.
A J G Isaac
R R B Shutler
Two of the Commissioners of Inland Revenue
28th November 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of the principal Regulations
2
1
In regulation 6(1)(e)(ii) of the principal Regulations (exemption from charges for persons suffering from specified disorders)–
a
the words “for which specific substitution therapy is essential” shall be omitted;
b
for the words from “Addison’s disease” to “hypoadrenalism,” there shall be substituted the words “forms of hydroadrenalism (including Addison’s disease) for which specific substitution therapy is essential,”;
c
after the words “diabetes mellitus,” there shall be inserted the words “except where treatment is by diet alone,”.
2
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) of that Schedule (the subject matter of which is indicated in column (2) of that Schedule), there shall be substituted the amount specified in relation to it in column (4) of that Schedule.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
8th March 1990


text:
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 1990 and shall come into force on 1st May 1990.
2
Column 2 of Schedule 2 to the Court of Protection (Enduring Powers of Attorney) Rules 1986 shall be amended as follows:
a
for the figure “£30.00” there shall be substituted the figure “£50.00”
b
for the figure “£5.00” there shall be substituted the figure “£10.00”
Mackay of Clashfern, C.
Dated 2nd April 1990
We concur
Thomas Sackville
Kenneth Carlisle
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 3rd April 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 3 Regulations 1990 and shall, subject to paragraph (2), come into force as follows–
a
except regulation 7, on 1st October 1990;
b
regulation 7, on 15th October 1990.
2
These Regulations shall not apply in relation to a particular claimant until the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) which applies in his case; and for this purpose the expressions
“claimant” and “benefit week” have the same meanings as in the General Regulations .
3
In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) for the definition of “water charges” there shall be substituted the following definition:–
“water charges” means–
as respects England and Wales, any water and sewerage charges under Chapter IV of Part II of the Water Act 1989 ;
as respects Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ;
in so far as such charges are in respect of the dwelling which a person occupies as his home.
.
Amendment of regulation 3 of the General Regulations
3
In regulation 3(2) of the General Regulations (definition of non-dependant), for sub-paragraph (d) the following sub-paragraphs shall be substituted–
d
any person who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of the occupation of the dwelling;
da
any person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;
db
any other member of the household of the person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;
.
Amendment of regulation 42 of the General Regulations
4
In regulation 42(4)(a)(ii) of the General Regulations (notional income) the words “in England and Wales” shall be omitted.
Amendment of regulation 51 of the General Regulations
5
In regulation 51 of the General Regulations (notional capital)–
a
in paragraph (1) for the words from “except where” to the end there shall be inserted the words–
except–
a
where that capital is derived from a payment made in conse quence of any personal injury and is placed on trust for the benefit of the claimant; or
b
to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 51A (diminishing notional capital rule).
;
b
in paragraph (3)(a)(ii) the words “in England and Wales” shall be omitted.
Insertion of regulation 51A into the General Regulations
6
After regulation 51 of the General Regulations (notional capital) there shall be inserted the following regulation–
Diminishing notional capital rule
51A
1
Where a claimant is treated as possessing capital under regulation 51(1) (notional capital), the amount which he is treated as possessing–
a
in the case of a week that is subsequent to–
i
the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
ii
a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (2);
b
in the case of a week in respect of which paragraph (1)(a) does not apply but where–
i
that week is a week subsequent to the relevant week, and
ii
that relevant week is a week in which the condition in paragraph (3) is satisfied,
shall be reduced by the amount determined under paragraph (3).
2
This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that–
a
he is in receipt of income support; and
b
but for regulation 51(1), he would have received an additional amount of income support in that benefit week or, as the case may be, that part week;
and in such a case, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to that additional amount.
3
Subject to paragraph (4), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to income support in the relevant week, but for regulation 51(1), and in such a case the amount of the reduction shall be equal to the aggregate of–
a
the amount of income support to which the claimant would have been entitled in the relevant week but for regulation 51(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient by 7;
b
the amount of housing benefit (if any) equal to the difference between his maximum housing benefit and the amount (if any) of housing benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Housing Benefit (General) Regulations 1987 (interpretation), which includes the last day of the relevant week;
c
the amount of community charge benefit (if any) equal to the difference between his maximum community charge benefit and the amount (if any) of community charge benefit which he is awarded in respect of the benefit week, within the meaning of regulation 2(1) of the Community Charge Benefits (General) Regulations 1989 (interpretation) which includes the last day of the relevant week.
4
The amount determined under paragraph (3) shall be re-determined under that paragraph if the claimant makes a further claim for income support and the conditions in paragraph (5) are satisfied, and in such a case–
a
sub-paragraphs (a), (b) and (c) of paragraph (3) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to paragraph (6), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
5
The conditions are that–
a
a further claim is made 26 or more weeks after–
i
the date on which the claimant made a claim for income support in respect of which he was first treated as possessing the capital in question under regulation 51(1); or
ii
in a case where there has been at least one re-determination in accordance with paragraph (4), the date on which he last made a claim for income support which resulted in the weekly amount being re-determined; or
iii
the date on which he last ceased to be in receipt of income support; whichever last occurred; and
b
the claimant would have been entitled to income support but for regulation 51(1).
6
The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
7
For the purpose of this regulation–
a
“part-week” means a period to which sub-section (1A) of section 21 of the Act (amount etc. of income support) applies;
b
“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 51(1)–
i
was first taken into account for the purpose of determining his entitlement to income support; or
ii
was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, income support;
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
c
“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.
.
Amendment of regulation 57 of the General Regulations
7
In regulation 57 of the General Regulations (period over which payments other than periodical payments are to be taken into account), for sub-paragraph (b) of paragraph (1) there shall be substituted the following sub-paragraph–
b
where the payment is in respect of one, or more than one, child or young person who is a member of the family, the lesser of the amount (or the aggregate of the amounts) prescribed under Schedule 2, in respect of–
i
the personal allowance of the claimant and each such child or young person;
ii
any family and lone parent premium;
iii
any disabled child premium in respect of such a child; and
iv
any carer premium if, but only if, that premium is payable because the claimant is in receipt, or is treated as being in receipt, of invalid care allowance by reason of the fact that he is caring for such a child or young person who is severely disabled;
and the aggregate of £2 and the amount of income support which would be payable had the payment not been made.
.
Amendment of Schedule 2 to the General Regulations
8
In Schedule 2 to the General Regulations (applicable amounts)–
a
in paragraph 4 for the reference “8 to 14” there shall be substituted the reference “8 to 14ZA”;
b
in paragraph 6(2) for the words “The disabled child premium to which paragraph 14 applies” there shall be substituted the words “The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply”;
c
i
paragraph 7 shall be renumbered as sub-paragraph 7(1) and the words “Subject to sub-paragraph (2)” shall be inserted at the beginning of the sub-paragraph,
ii
after sub-paragraph (1) there shall be added the following sub-paragraph–
2
For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance.
;
d
after paragraph 14 there shall be inserted the following paragraph–
Carer premium
14ZA
1
The condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act .
2
If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979 , where–
a
the claim for that allowance was made on or after 1st October 1990, and
b
the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,
he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.
;
e
in paragraph 15 at the end the following sub-paragraph shall be added–
7
Carer Premium
7
£10 in respect of each person who satisfied the condition specified in paragraph 14ZA.
.
Amendment of Schedule 3 to the General Regulations
9
In Schedule 3 to the General Regulations (housing costs)–
a
in paragraph 7–
i
for sub-paragraph (4) there shall be substituted the following sub-paragraphs–
4
Subject to sub-paragraph (3A), the following provisions of this paragraph, and paragraph 6, the weekly amount of eligible interest shall be the amount calculated by the formula–
A × B 52
where–
A
the gross annual interest calculated by the formula C × D;
B
the difference between 100% and the basic rate (expressed as a percentage) of income tax within the meaning of section 832(1) of the Income and Corporation Taxes Act 1988 for the year of assessment in which the payment of interest becomes due;
C
the amount of the loan which from time to time is outstanding and in respect of which eligible interest is payable; and
D
the rate of interest chargeable on that loan or any part thereof expressed as a percentage.
4A
Where section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) does not apply to the interest on a loan or to part of a loan, sub-paragraph (4) shall apply in respect of that loan or part as if it contained no reference to factor B.
4B
Where the eligible interest is charged at more than one rate, the amount of that interest shall be calculated by making a separate calculation under sub-paragraph (4) in respect of each of those rates of interest and aggregating the results.
4C
Where evidence supplied by the lender shows that the eligible interest charged is different from that calculated under sub-paragraph (4), the weekly amount of eligible interest shall be calculated by reference to the interest charged.
;
ii
in sub-paragraph (6) for the words following head (b) there shall be substituted–
or
c
where, under the terms or conditions on which a loan has been made, for an initial period of at least 2 years the whole or part of the interest on that loan is not, or has not been, payable;
and, where either head (a) or (b) applies only to the extent that the arrears do not exceed 50 per cent of the eligible interest that otherwise would have been payable during the period in question and where head (c) applies only to the extent that interest is deferred and accrues further interest under the terms or conditions on which the loan is made.
;
iii
after sub-paragraph (6) there shall be added the following sub-paragraph–
6A
For the purposes of sub-paragraph (6), in determining whether interest is, or is not, payable regard shall not be had to any obligation to pay interest which, under the terms or conditions on which a loan has been granted, is deferred for an initial period of at least 2 years.
;
b
in paragraph 9, after sub-paragraph (2)(b) there shall be inserted the following head–
c
where the costs are inclusive of any amount in respect of repairs or improvements within the meaning of paragraph 8(3), any amount attribu table to those repairs and improvements.
;
c
in paragraph 10–
i
in sub-paragraph (3), for the reference “to (6)” there shall be substituted the reference “to (6A).”;
ii
in sub-paragraph (4), the words “Subject to sub-paragraphs (5) and (6),” shall be omitted; for the words “and shall be restricted and the excess not allowed, if and to the extent that” there shall be substituted the word “where–”; and at the end there shall be added the words–
but
for the purposes of this sub-paragraph no regard shall be had to the capital value of the dwelling occupied as the home.
;
iii
after sub-paragraph (6) there shall be inserted the following sub-paragraph–
6A
Where sub-paragraph (4) applies the amounts to be met shall be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.
;
d
in paragraph 11–
i
for sub-paragraph (2) there shall be substituted the following sub-paragraph–
2
In the case of a non-dependant aged 18 or more to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies the adjudication officer that the non-dependant’s gross weekly income is less than £56.05, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b).
;
ii
in sub-paragraph (7)(c), after the words “period of study” there shall be inserted the words “or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course;”.
Amendment of Schedule 9 to the General Regulations
10
In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 15(2) the words “in England and Wales” shall be omitted;
b
after paragraph 47 there shall be added the following paragraphs–
48
1
Any payment or repayment made–
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
49
Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
50
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
.
Amendment of Schedule 10 to the General Regulations
11
In Schedule 10 to the General Regulations (capital to be disregarded)–
a
in paragraph 4(a) for the words “any member of” there shall be substituted the words “a single claimant or any member of”;
b
in paragraph 6 at the end there shall be added the following sub-paragraph–
2
The assets of any business owned in whole or in part by the claimant where–
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;
for a period of 26 weeks from the date on which the claim for income support is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
;
c
for paragraph 12 there shall be substituted the following paragraph–
12
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.
;
d
after paragraph 37, there shall be added the following paragraphs–
38
1
Any payment or repayment made–
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of receipt of the payment or repayment.
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.
39
Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.
40
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.
41
Any arrears of special war widows payment which is disregarded under paragraph 47 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) , but only for a period of 52 weeks from the date of receipt of the arrears.
.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
28th August 1990


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendment) Regulations 1990 and shall come into force on 3rd January 1991.
2
In these Regulations “the principal Regulations ” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 .
Amendment of the principal Regulations
2
In regulation 3(1) of the principal Regulations, in the definition of “agricultural or forestry tractor” —
a
in sub-paragraph (ii), after the words “specified in” there shall be inserted —
“Article 9 of Council Directive 77/536/ EEC or”, and
b
after sub-paragraph (ii), there shall be inserted the following sub-paragraph —
iia
in relation to the approval of a tractor in respect of its operating space, access to the driving position and doors and windows means a tractor as defined above and having the characteristic as to track width specified in Article 1.2 of Council Directive 80/720/EEC ;
.
3
In Schedule 2 to the principal Regulations —
a
in Part A, the reference to Council Directive 75/323/EEC shall be omitted;
b
in Part A in column 1 —
i
at the end of the reference to Council Directive 77/536/EEC there shall be added —
“and Council Directive 89/680/EEC ( OJ No. L398, 30.12.89, p.26)”,
ii
in the reference to Council Directive 78/764/EEC , after the words “Portuguese Republic” there shall be inserted —
“; Council Directive 87/354/EEC (OJ No. L192, 11.7.87, p.43)”,
iii
the reference to Council Directive 86/298/EEC shall be amended by adding —
“as amended by Council Directive 89/682/EEC (OJ No. L398, 30.12.89, p.29)”, and
iv
the reference to Council Directive 87/402/EEC shall be amended by adding —
“as amended by Council Directive 89/681/EEC (OJ No. L398, 30.12.89, p.27)”;
c
in Part B in column 1 —
i
at the end of the reference to Council Directive 77/536/EEC there shall be added —
“and Council Directive 89/680/EEC ”,
ii
in the reference to Council Directive 78/764/EEC , after the words “Portuguese Republic” there shall be inserted —
“; Council Directive 87/354/EEC ”,
iii
the reference to Council Directive 86/298/EEC shall be amended by adding —
“as amended by Council Directive 89/682/EEC ”, and
iv
the reference to Council Directive 87/402/EEC shall be amended by adding —
“as amended by Council Directive 89/681/EEC ”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd November 1990.
John Gummer
Minister of Agriculture, Fisheries and Food
Lord Strathclyde
Parliamentary Under Secretary of State, Scottish Office
16th November 1990


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1990 and shall come into force on 11th October 1990.
2
1
The Goods Vehicles (Operators' Licences, Qualifications and Fees) Regula-tions 1984 shall be amended in accordance with the following provisions of these Regulations.
2
These Regulations shall not apply in the case of an application for a licence made before the date of coming into force of these Regulations.
3
The amendment made by regulation 7(b) of these Regulations shall apply only in relation to a licence issued on or after the day on which these Regulations come into force other than a licence issued to a person who has continuously held a licence since before that day and up to the time when the new licence is issued.
3
In regulation 3 (Interpretation), in paragraph (1) —
a
for the definition of “relevant conviction” there shall be substituted the following definition: —
“relevant conviction” means
i
any conviction mentioned in section 69(4) or any conviction of contravening any provision of the law of Northern Ireland or of a country or territory outside the United Kingdom corresponding to any such conviction, or
ii
any other conviction of an offence which is a serious offence as defined in paragraph 1(4) or a road transport offence as defined in paragraph 1(5) of Schedule 6,
not being in either case a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974 ;
b
at the end of the definition of “the 1974 Council Directive” there shall be added the words “and, except in paragraph 7 of Schedule 6, as amended by Council Directive ( EEC ) No. 438/89 of 21st June 1989 ”; and
c
at the end of the definition of “the 1977 Council Directive” there shall be added the words “as amended by Council Directive (EEC) No. 438/89 of 21st June 1989”.
4
In regulation 5 (Qualifications of applicants) paragraph (3) shall be deleted.
5
In regulation 10 (Death, bankruptcy etc of licence holder or applicant), in sub-paragraph (c)(iii) of paragraph (5) for the words “satisfies, as regards the firm, the requirements of professional competence” there shall be substituted the words “manages the road transport business carried on by the partnership” and after that regulation there shall be inserted the following regulation: —
Partnerships
10A
1
The provisions of paragraph (1) of regulation 5 shall apply in any case where an applicant for a standard licence is persons in partnership so that the licensing authority is required to satisfy himself that —
a
every one of such persons is of good repute,
b
the firm satisfies the requirement of appropriate financial standing, and
c
either —
i
if one or more of those persons manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or
ii
the firm employs a transport manager or transport managers who, or if more than one each of whom, is of good repute and professionally competent.
2
The provisions of paragraph (1) of regulation 9 shall apply in any case where the holder of a licence is persons in partnership if —
a
any one or more of those persons cease to satisfy the requirement to be of good repute , or
b
the firm ceases to satisfy the requirement to be of appropriate financial standing, or
c
when the requirement as to professional competence is satisfied by one or more of those persons who manage the road transport business carried on by the firm, he, or if more than one each of them, ceases to do so, or when the firm employs a transport manager or transport managers such manager, or if more than one any of them, ceases to be of good repute, or when the firm relies upon the employment of a single transport manager to satisfy the requirement as to professional competence, that transport manager ceases to be employed by the firm.
3
In Schedule 6 —
a
the provision in paragraph 2 as regards determining whether the applicant for, or the holder of, a licence is of appropriate financial standing shall apply, in the case of persons in partnership, to the financial standing of the firm;
b
the provision in paragraph 3A that a company satisfies the requirement as to professional competence if, and so long as, it has a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent shall apply in the case of persons in partnership so that the firm satisfies the said requirement if, and so long as, each of such persons is of good repute, and either —
i
if one or more of those persons manage the road transport business carried on by the partnership, he, or if more than one each of them, is professionally competent, or
ii
the firm employs a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent; and
c
in a case where one or more persons in partnership manage the road transport business carried on by the firm or the firm employs a transport manager or transport managers the provision in paragraph 5 shall apply —
i
as regards one such person or a single transport manager employed by the firm as it applies as regards a single transport manager employed by a company, and
ii
as regards two or more such persons or two or more transport managers employed by the firm as it applies as regards two or more transport managers employed by a company.
4
In this regulation “firm” has the same meaning as in section 4 of the Partnership Act 1890
.
6
After regulation 34 (Classes of vehicle for which a licence is not required) there shall be inserted the following regulation: —
34A
Notwithstanding section 60(1), before the consultations referred to in Article 2(2) of the 1974 Council Directive are completed a licensing authority for any area may, for the purpose of enabling an emergency to be dealt with or otherwise enabling a special need to be met, by notice in writing grant a temporary exemption from the requirement for a standard licence for the use of a vehicle, or a vehicle of any class, for hire or reward on national transport operations by a person engaged exclusively in such operations having only a minor impact on the transport market because of the nature of the goods carried or the short distance involved.
7
In Schedule 6 (Qualifications for Licence) —
a
at the end of paragraph 1 there shall be inserted the following sub-paragraphs —
3
A licensing authority shall determine that an individual is not of good repute if he —
a
has been convicted of serious offences; or
b
has been repeatedly convicted of road transport offences.
4
For the purposes of sub-paragraph (3)(a) above a serious offence is —
a
an offence under the law in force in any part of the United Kingdom for which a sentence of imprisonment for a term exceeding three months, a fine exceeding level 4 on the standard scale or a community service order for more than sixty hours was imposed; and
b
any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed.
5
For the purposes of sub-paragraph (3)(b) above a road transport offence is —
a
an offence under the law in force in any part of the United Kingdom relating to road transport, including in particular drivers' hours and rest periods, the weights and dimensions of commercial vehicles and road and vehicle safety; and
b
any corresponding offence under the law of a country or territory outside the United Kingdom.
6
In sub-paragraph (4)(a) above “a sentence of imprisonment” includes any form of custodial sentence or order other than one under the enactments relating to mental health and “a community service order” means an order under section 14 of the Powers of Criminal Courts Act 1973 or the Community Service by Offenders (Scotland) Act 1978 .
7
In sub-paragraphs (4)(a) and (5)(a) above references to an offence under the law in force in any part of the United Kingdom include a reference to a civil offence (wherever committed) within the meaning of the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 .
8
For the purposes of sub-paragraph (3) above spent convictions shall be disregarded; and a licensing authority may also disregard an offence if such time as he considers appropriate has elapsed since the date of the conviction.
9
Sub-paragraph (3) above is without prejudice to the power of a licensing authority to determine that an individual is not of good repute for reasons other than convictions of the kind there mentioned.
10
In this paragraph references to an individual include references to a transport manager as well as to an individual who is an applicant for, or the holder of, a licence.
b
the existing provisions of paragraph 2 shall become sub-paragraph (1) of that paragraph and after that sub-paragraph there shall be inserted the following sub-paragraphs: —
2
An applicant for, or holder of, a licence authorising the use of vehicles for international transport operations shall not be considered to be of appropriate financial standing unless he has available capital and reserves of an amount equal to at least —
a
3,000 European Currency Units multiplied by the number of vehicles which are to be or are used under the licence; or
b
150 European Currency Units multiplied by the number of tonnes of the aggregate of the relevant maximum weights of such vehicles,
whichever is the less.
3
In sub-paragraph (2) above “relevant maximum weight” has the same meaning as in section 108(1) of the Road Traffic Act 1988 .
c
in paragraph 3A for the words “, or such number of them as the licensing authority may require” there shall be substituted the words “or managers, and such number of them as the licensing authority may require”;
d
in paragraph 5 for the words “relies on a transport manager”, there shall be substituted the words “relies on a single transport manager”; and
e
the existing paragraph 5, as amended by sub-paragraph (d) above, shall become sub-paragraph (1) of that paragraph and after that sub-paragraph there shall be inserted —
2
Where the holder of a standard licence is a company with two or more transport managers and any of them ceases to be of good repute the company shall nevertheless not be treated as failing to satisfy the requirement as to professional competence until the expiry of such period as in the opinion of the licensing authority is reasonably required for his removal or the appointment of a transport manager in his place.
Cecil Parkinson
Secretary of State for Transport
30th August 1990


text:
Citation
1
This Order may be cited as the Cambridge, East Surrey, East Worcestershire and Yorkshire (Pipelaying and Other Works) (Codes of Practice) Order 1990.
Codes of Practice
2
The Codes of Practice prepared by the Companies and certified as such by the Secretary of State are hereby approved.
Signed by authority of the Secretary of State for the Environment
Dinah Nichols
An Under Secretary in the
Department of the Environment
27thJuly 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nuffield Orthopaedic Centre National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Nuffield Orthopaedic Centre National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Nuffield Orthopaedic Centre National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Nuffield Orthopaedic Centre, Windmill Road, Headington, Oxford OX3 7LD including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Oxford.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Oxfordshire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Oxfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Oxfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Staff Transfer) Order 1990 and shall come into force on 1st April 1990.
2
In this Order–
“ the Act ” means the Education Reform Act 1988;
“adult education post” means any post at an adult education institute falling within a class or description set out in Part 3 of Schedule 1 hereto;
“ ILEA ” means the Inner London Education Authority;
“institution” means an institution which provides higher education or further education or both, and which is maintained by the Inner London Education Authority;
“main grade staff” means persons appointed to ILEA main service grades 13 to 7 set out in section A of the ILEA Staff Code ;
“non-teaching post” means any post falling within a class or description set out in relation to schools and institutions in Parts 1 and 2 respectively of Schedule 1 hereto;
“peripatetic teacher” means a teacher employed to teach pupils or students in more than one school or institution and falling within a class or description set out in Part 4 of Schedule 1 hereto;
“the Schools Order ” means the Education (Inner London Education Authority) Schools Designation Order 1989 ;
“supply teacher” means a teacher employed to substitute in the temporary absence of the holder of a teaching post or to occupy temporarily a vacant teaching post;
“teacher” means a person defined as a “school teacher” or as a “teacher in further education” in section 7(1) of the Teachers' Pay and Conditions Act 1987 ; and
“teaching post” means any post in a school or institution occupied by a teacher for the purpose of teaching.
3
1
This article applies to–
a
any teaching or non-teaching post (whether full-time or part-time) in–
i
a school designated by the Schools Order; or
ii
an institution listed in column 1 of Schedule 2 hereto which was occupied on 29th September 1989 by an employee of ILEA;
b
any peripatetic or supply teacher employed on 29th September 1989 by ILEA; and
c
any person who is employed by ILEA after 29th September 1989 to replace such a peripatetic or supply teacher
in respect of whom provision is not made by a relevant order.
2
a
Any person who is on 31st March 1990 occupying such a post as is mentioned in paragraph 1(a) above otherwise than as a supply teacher is hereby designated for the purposes of section 172 of the Act in relation to the inner London authority designated as successor authority in relation to the school in the Schools Order, or listed opposite the name of the institution in column 2 of Schedule 2 hereto, as the case may be.
b
Any person who falls within paragraph (1)(b) or (1)(c) above and who is on 31st March 1990 still so employed by ILEA, is hereby designated for the purposes of section 172 of the Act in relation to the inner London council in the area of which he so worked for the greatest proportion of his contractual working hours during the period beginning on 1st October 1989 and ending on 31st March 1990.
3
In paragraph (1) above “relevant order” means any other order made after this Order under the Act which effects the transfer of employees of ILEA and which comes into force on 1st April 1990.
4
1
Notwithstanding article 3, this article applies to any person who falls within a class or description set out in Parts 1 to 11 of Schedule 3 hereto or is named in one of those Parts.
2
Any such person who is employed by ILEA on 29th September 1989, or any person who is employed by ILEA after 29th September 1989 to replace such a person, and who is on 31st March 1990 still employed by ILEA, is hereby designated for the purposes of section 172 of the Act in relation to the inner London council to which those Parts of Schedule 3 respectively refer.
3
For the purposes of that Schedule a person shall be taken to be based at an institution or location if he was so based on 29th September 1989.
5
1
Notwithstanding articles 3 and 4, this article applies to any person employed–
a
in the Greater London Supplies Division of the ILEA Supplies and Transport Services Branch who on 31st March 1990 is seconded to the London Residuary Body by or under the provisions of an agreement dated 4th July 1989 made between ILEA and that body; or
b
on 31st March 1990 at Woolverstone Hall School, near Ipswich, Suffolk IP9 1AZ.
2
Any such person is hereby designated for the purposes of section 172 of the Act in relation to the London Residuary Body.
6
Notwithstanding any other provisions in this Order, a person named in Schedule 4 and who is employed by ILEA on 31st March 1990 is hereby designated for the purposes of section 172 of the Act in relation to the London Residuary Body.


text:
Citation and commencement
1
This Order may be cited as the Deposit Protection Board (Increase of Borrowing Limit) (No. 2) Order 1990 and shall come into force on 16th November 1990.
Increase of borrowing limit
2
The sum of £50 million is hereby prescribed for the purposes of section 64(1) of the Banking Act 1987 (borrowing powers of the Deposit Protection Board).
Revocation of earlier instrument
3
The Deposit Protection Board (Increase of Borrowing Limit) Order 1990 is hereby revoked.
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th October 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment Regulations 1990 and shall come into force —
a
for the purposes of regulation 6, in relation to the calculation of a particular person’s earnings from an employment, on the first day of the first assessment period to commence on or after 5th December 1990 where “assessment period” has the meaning ascribed to it in regulation 5(4) of the Social Security Benefit (Computation of Earnings) Regulations 1978 ;
b
for the purposes of regulation 16(3)(b), in relation to a particular beneficiary, at the first determination to be made by an adjudicating authority under paragraphs 5, 6 or 7 of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 on or after 5th December 1990;
c
for all other purposes 5th December 1990.
2
In these Regulations —
“ Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987;
“ Computation of Earnings Regulations ” means the Social Security Benefit (Computation of Earnings) Regulations 1978.
Amendment of the Social Security (Attendance Allowance) ( No. 2) Regulations 1975
2
1
The Social Security (Attendance Allowance) (No. 2) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) of regulation 5 (exception from regulations 3 and 4) for the words “4 weeks” there shall be substituted the words “28 days”.
3
In paragraph (2) of regulation 7 (children in hospital and certain other accommodation) for the words “4 weeks” there shall be substituted the words “28 days”.
Amendment of the Mobility Allowance Regulations 1975
3
In paragraph (2) of regulation 4 of the Mobility Allowance Regulations 1975 (entitlement to an allowance in respect of weeks before that in which claim is received by Secretary of State) for the words “by virtue of regulation 6” there shall be substituted the words “by virtue of regulation 40 of the Social Security (Claims and Payments) Regulations 1987 ”.
Amendment of regulation 6 of the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977
4
1
Regulation 6 of the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977 (application of the Social Security Act 1975 etc. in relation to vehicle scheme beneficiaries) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (a) for the reference to “75” there shall be substituted a reference to “80” .
3
In paragraph (c) —
a
for the reference to “the Social Security (Adjudication) Regulations 1984” there shall be substituted a reference to “the Social Security (Adjudication) Regulations 1986” ;
b
in sub-paragraph (i) for the words “regulations 54 after paragraph (1)(b)” there shall be substituted the words “regulation 56 after paragraph (2)(b)”; and
c
for sub-paragraph (ii) there shall be substituted the following sub-paragraph —
ii
in regulation 62 after paragraph (4) there were added —
5
Where the grounds of an application under paragraph (2) are that a certificate issued for the purposes of section 13 of the Social Security (Miscellaneous Provisions) Act 1977 has been cancelled, the adjudication officer may himself determine any medical question arising on review adversely to the person in question without referring it to a medical board and the provisions of regulations 57(3) and 58 to 61 shall apply to that determination as if it were an adverse determination under regulation 57(2).
.
Amendment of regulation 3 of the Computation of Earnings Regulations
5
In paragraph (1)(b) of regulation 3 of the Computation of Earnings Regulations (payments to be disregarded) —
a
after the reference to “37(1)(b),” there shall be inserted a reference to “41(2A) ,”; and
b
after the reference to “49” there shall be inserted a reference to “, 64(1A) ”.l
Amendment of regulation 5 of the Computation of Earnings Regulations
6
In regulation 5 of the Computation of Earnings Regulations (calculation of earnings of certain retirement pensioners and adult dependants of pensioners) —
a
in paragraph (1)(a) after the words “specified benefit” (and within the brackets) there shall be added the words “or section 41(2A) or section 64(1A) of the Act applies and the beneficiary is entitled to a specified benefit or retirement pension”; and
b
in paragraph (2) for the words “sections 30(1), 45 to 49 (other than subsection (b) of section 49) and 66(4) of the Act” there shall be substituted the words “sections 30(1), 41, 45 to 49 (other than subsection (b) of section 49), 64 and 66(4) of the Act”.
Amendment of regulation 3 of the Claims and Payments Regulations
7
After paragraph (e) of regulation 3 of the Claims and Payments Regulations (claims not required for entitlement to benefit in certain cases) there shall be added the following paragraph —
f
in the case of an invalidity pension, where in any period of interruption of employment, the evidence of incapacity required for determining the beneficiary’s entitlement to sickness benefit in that same period of interruption of employment shows that his incapacity will continue into or beyond the first day on which there could be entitlement to an invalidity pension.
.
Amendment of regulation 4 of the Claims and Payments Regulations
8
In regulation 4(6) of the Claims and Payments Regulations (making a claim for benefit) for the words “if any” there shall be substituted the words “or to such other place”.
Amendment of regulation 6 of the Claims and Payments Regulations
9
In regulation 6(6) of the Claims and Payments Regulations (date of claim) after the words “on the date” there shall be inserted the words “not later than 5th December 1990”.
Amendment of regulation 24 of the Claims and Payments Regulations
10
In regulation 24(3) of the Claims and Payments Regulations (unemployment benefit, sickness or invalidity benefit, maternity allowance and severe disablement allowance) after the words “sickness or invalidity benefit” there shall be added the words “or severe disablement allowance”.
Amendment of regulation 30 of the Claims and Payments Regulations
11
1
Regulation 30 of the Claims and Payments Regulations (payments on death) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (5) after the words “the Social Security Act 1986” there shall be inserted the words “, or reduced earnings allowance or disablement benefit”.
3
After paragraph (6) there shall be inserted the following paragraph —
6A
Where the conditions specified in paragraph (6B) are satisfied, a person may make a claim for reduced earnings allowance or disablement benefit, including any increase under section 61 or 63 of the Social Security Act 1975 , in the name of a person who has died.
6B
The conditions specified for the purposes of paragraph (6A) are —
a
that the person who has died would have been entitled to the benefit claimed if he had made a claim for it in the prescribed manner and within the prescribed time;
b
that within 6 months of a death certificate being issued in respect of the person who has died, the person making the claim has applied to the Secretary of State to be made an appointee of the person who has died and the Secretary of State has appointed him;
c
the claim is made within 6 months of the appointment.
.
4
In paragraph (7) after the words “in accordance with paragraph (5)” there shall be inserted the words “or paragraph (6A)”.
Amendment of regulation 40 of the Claims and Payments Regulations
12
In regulation 40 of the Claims and Payments Regulations (claim received within 6 months after the end of a period for which mobility allowance awarded) for the reference to “75” there shall be substituted a reference to “80” .
Amendment of regulation 44 of the Claims and Payments Regulations
13
For regulation 44(5) of the Claims and Payments Regulations (payment of mobility allowance on behalf of a beneficiary) there shall be substituted the following paragraph —
5
In this regulation “Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter.
.
Amendment of Schedule 1 to the Claims and Payments Regulations
14
In Part I of Schedule 1 to the Claims and Payments Regulations (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) in Column (1) (benefit claimed) there shall be added at the end “Widow’s benefit” and in Column (2) (alternative benefit) (so as to correspond with the entry for “Widow’s benefit”) there shall be added “A retirement pension of any category or graduated retirement benefit.”.
Amendment of Schedule 7 to the Claims and Payments Regulations
15
For paragraph 7 of Schedule 7 to the Claims and Payments Regulations (manner and time of payment etc. in income support cases) there shall be substituted the following paragraph.
Date when change of circumstances is to take effect
7
1
Subject to the following sub-paragraphs where the amount of income support payable under an award is changed because of a change of circumstances that change of circumstances shall have effect —
i
where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or
ii
where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day, and
for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973 for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.
2
In the cases set out in sub-paragraph (3), the decision given on review shall have effect on the day on which the relevant change of circumstances occurs or is expected to occur.
3
The cases referred to in sub-paragraph (2) are where —
a
income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 20(3)(b) of the Social Security Act 1986 ;
b
a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;
c
a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters, or is expected to enter, a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;
d
a person referred to in paragraphs 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations either —
i
ceases, or is expected to cease, to be a patient, or
ii
a member of his family ceases, or is expected to cease, to be a patient,
in either case for a period of less than a week;
e
a person to whom section 23 of the Social Security Act 1986 (trade disputes) applies either —
i
becomes incapable of work by reason of disease or bodily or mental disablement, or
ii
enters the maternity period (as defined in section 23(2) of that Act) or the day is known on which that person is expected to enter the maternity period;
f
during the currency of the claim, a claimant makes a claim for a relevant social security benefit —
i
the result of which is that his benefit week changes; or
ii
under regulation 13 and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.
4
Where income is treated as paid on a particular day under regulation 31(1)(b) or (2) of the Income Support Regulations (date on which income is treated as paid) any relevant change of circumstances which occurs, or which is expected to occur, resulting from that payment shall have effect on the day on which it is treated as paid.
5
Where the relevant change of circumstances requires, or is expected to require, a reduction in the amount of income support then, if the Secretary of State certifies that it will be impracticable to give effect to that reduction from the day prescribed in the preceding sub-paragraphs, except where (3)(f) or (4) apply, the change shall have effect either from the first day of the following benefit week or, where the relevant change of circumstances is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.
6
Where, in the cases set out in sub-paragraphs (b), (c), (d), (e) and (f) of paragraph (3) the review has been carried out under section 104(1)(b) of the Social Security Act 1975 and the circumstances which have caused the award to be revised cease to apply and the award is reviewed and revised again that second change of circumstances shall take effect from the date of the second change.
.
Amendment of Schedule 9 to the Claims and Payments Regulations
16
1
Schedule 9 to the Claims and Payments Regulations (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 6(1) (fuel costs) after the words “any item of mains gas or mains electricity” there shall be inserted the words “including any charges for reconnection of gas or electricity”.
3
In paragraph 8(2) (maximum amount of payments to third parties) —
a
after the word “maximum” there shall be inserted the word “aggregate”; and
b
for the words “sub-paragraphs 5(5) and 6(6)” there shall be substituted the words “paragraphs 5(5), 6(6) and 7”.
Amendment of the Housing Benefit (General) Regulations 1987
17
In regulation 72(16) of the Housing Benefit (General) Regulations 1987 (time and manner in which claims are to be made) after the words “on the date” there shall be inserted the words “not later than 5th December 1990”.
Amendment of the Community Charge Benefits (General) Regulations 1989
18
In regulation 60(19) of the Community Charge Benefits (General) Regulations 1989 (time and manner in which claims are to be made) after the words “on the date” there shall be inserted the words “not later than 5th December 1990”.
Amendment of the Social Security (Refunds) (Repayment of Contractual Maternity Pay) Regulations 1990
19
In regulation 3 of the Social Security (Refunds) (Repayment of Contractual Maternity Pay) Regulations 1990 (refund of part of contributions) for the words “the amount” there shall be substituted the words “that amount”.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
7th November 1990


text:
1
These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1990 and shall come into force on 31st August 1990.
2
The Education (Teachers) Regulations 1989 shall be amended as follows —
1
In paragraph (1)(b) of regulation 3 the words “or under” shall be deleted.
2
In paragraph 9(1) of Schedule 1, after the words “local education authority” there shall be inserted the words “or a grant-maintained school or a special school which is not maintained by a local education authority”.
3
In Schedule 2 after the words “Northern College” there shall be substituted for the word “Oxford” the words “Nr. Barnsley”.
4
In paragraph 2(2)(c) of Schedule 5 there shall be substituted for sub-paragraph (iii) the following sub-paragraph —
iii
a statement —
1
that he has successfully completed not less than one term’s service as a licensed teacher and the training proposed in the recommendation for a licence; and
2
that before the date of commencement of the licence he had successfully completed either —
a
a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales; or
b
a first degree course and a post-graduate course of initial training for teachers in schools at such an institution (whether or not the same institution); and (3)that he had been employed for not less than one year as a teacher or lecturer in a school, independent school, institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy; or
.
5
At the end of paragraph 2(3)(a) of Schedule 6, there shall be added the words “and has not on completion of that period of employment been dismissed or refused extension of his contract on grounds other than redundancy”.
6
In paragraph 4(2) of Schedule 6 —
i
for the words “an authority or body who have” there shall be substituted the words “where the relevant authority or body have”;
ii
after the words “under sub-paragraph (1)” there shall be added the words “that authority or body, or in the case of a teacher at an aided school the governing body”; and
iii
in the proviso to sub-paragraph (a), for the words “the authority or body” in both places where they occur there shall be substituted the words “the relevant authority or body or the governing body (as the case may be)”.
7
In paragraph 4(3) of Schedule 6, for the words, “or body” there shall be substituted the words “or governing body”; and for the words “they have afforded him” there shall be substituted the words “he has been afforded”.
John MacGregor
Secretary of State for Education and Science
30th July 1990


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1990 and shall come into force on 26th June 1990.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that–
a
it is requisite that the provisions of regulations 3 and 4 shall apply as from 26th June 1990 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 3 (interpretation)
3
In the Table in regulation 3(2) the following entry shall be inserted in the appropriate place–
“off-road vehicle” an off-road vehicle as defined in Annex I to Council Directive 70/156/ EEC of 6th February 1970 as read with Council Directive 87/403/EEC of 25th June 1987 .
Amendments relating to exhaust emission
4
1
Regulation 61 shall be amended as follows.
2
In paragraphs (3) to (6) for the words “the Table” wherever they occur there shall be substituted the words “Table I”.
3
After paragraph (3) there shall be inserted the following paragraph–
3A
A motor vehicle to which an item in Table II applies shall be so constructed as to comply with the requirements relating to conformity of production models set out in the provisions specified in that item in column (4) of that Table.
4
After paragraph (6) there shall be inserted the following paragraphs–
7
Subject to paragraphs (8), (9) and (10), no person shall use, or cause or permit to be used, on a road a motor vehicle to which an item in Table II applies if, in relation to the emission of the substances specified in column (6) of the item, the vehicle does not comply with the requirements relating to conformity of production models specified in column (4) unless the following conditions are satisfied in respect to it–
a
the failure to meet those requirements in relation to the emission of those substances does not result from an alteration to the propulsion unit or exhaust system of the vehicle,
b
those requirements would neither be met in relation to the emission of those substances nor would such emissions be materially reduced if maintenance work of a kind which would fall within the scope of a normal periodic service of the vehicle were to be carried out on the vehicle, and
c
the failure to meet those requirements in relation to such emissions does not result from any device designed to control the emission of carbon monoxide, hydrocarbons, oxides of nitrogen or particulates fitted to the vehicle being other than in good and efficient working order.
8
Paragraph (7) shall not apply to a vehicle first used before 26th June 1990.
9
Where–
a
a vehicle is fitted with a device of the kind referred to in sub-paragraph (c) of paragraph (7),
b
the vehicle does not comply with the requirements specified in that paragraph in respect to it, and
c
the conditions specified in sub-paragraphs (a) and (b) of that paragraph are satisfied in respect to the vehicle,
nothing in paragraph (7) shall prevent the vehicle being driven to a place where the device is to be repaired or replaced.
10
Where–
a
a vehicle was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description, and
b
the propulsion unit of the vehicle had previously been used as the propulsion unit of one or more other vehicles,
paragraphs (3A), (7), (8) and (9) shall apply to the vehicle referred to in sub-paragraph (a) as if its date of first use was the date of first use of the other vehicle, or (if there was more than one such other vehicle) the vehicle in which the propulsion unit was first so used.
11
In this regulation, a reference to a vehicle to which an item in Table II applies is a reference to a vehicle which–
a
is of a class specified in that item in column (2) of that Table,
b
is first used on or after the date specified in that item in column (3) of that Table, and
c
is not exempted by the entry in that item in column (5) of that Table.
12
In Table II–
a
“exempt vehicle” means–
i
a vehicle with less than 4 wheels,
ii
a vehicle with a maximum gross weight of less than 400 kg ,
iii
a vehicle with a maximum speed of less than 25 km/h, or
iv
an agricultural motor vehicle;
b
“direct injection” means a fuel injection system in which the injector communicates with an open combustion chamber or the main part of a divided combusion chamber.
c
“indirect injection” means a fuel injection system in which the injector communicates with the subsidiary part of a divided combustion chamber.
d
a reference in column (5) to a vehicle complying with an item is a reference to a vehicle that complies with the provisions specified in that item in column (4) whether the vehicle is or is not within the class of vehicles to which that item applies and any instrument mentioned in that item shall for the purposes of the reference have effect as if it applied to the vehicle in question (whether it would otherwise have done so or not).
.
5
The Table shall be re-named “Table I” and in Table I as so re-named–
a
in item 3, column 4 there shall be added the following paragraph–
c
a vehicle to which any item in Table II applies.
;
b
item 4 shall be omitted.
6
After Table I as re-named in accordance with paragraph (5), there shall be inserted the following Table–
TABLE II (regulation 61(3A) and (7))
(1) Item (2) Class of Vehicle (3) Date of First Use (4) Design, construction and equipment requirements (5) Vehicles exempted from requirement (6) Emitted substances (a) Instrument (b) Place in instrument where requirements are stated
1 Vehicles propelled by a spark ignition engine. 1st October 1982.
Community Directive 78/665,
or
ECE Regulation 15.03.
Annex I, paragraphs 3 and 5.
Paragraphs 5, 8 and 11.
a
A vehicle whose maximum gross weight exceeds 3500 kg;
b
A vehicle which complies with the requirements of items 2, 4, 5 or 8;
c
A vehicle whose maximum speed is less than 50 km/h;
d
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 2 All vehicles. 1st April 1991.
Community Directive 83/351,
or
ECE Regulation 15.04.
Annex I, paragraphs 5, 7 and 8.
Paragraphs 5, 8 and 12.
a
A vehicle propelled by a compression ignition engine and whose maximum gross weight exceeds 3500 kg;
b
A vehicle which complies with the requirements of items 4, 5, 6 or 8;
c
An industrial tractor, works truck or engineering plant;
d
A vehicle whose maximum speed is less than 50 km/h;
e
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 3 Industrial tractors, works trucks and engineering plant propelled in each case by a compression ignition engine. 1st April 1993. ECE Regulation 49. Paragraphs 5 and 7. A vehicle which complies with the requirements of item 6. Carbon monoxide, hydrocarbons and oxides of nitrogen. 4
Passenger vehicles which –
are constructed or adapted to carry not more than 5 passengers excluding the driver, and
have a maximum gross weight of not more than 2500 kg,
not being in either case, an off-road vehicle and
are propelled by a spark ignition engine with a capacity of –
not less than 1400 cc and not more than 2000cc,
more than 2000cc, or
are propelled by an indirect injection compression ignition engine with a capacity of not less than 1400 cc, or
are propelled by a direct injection compression ignition engine with a capacity of –
not less than 1400 cc and not more than 2000cc, or
more than 2000cc.
1st April 1994.
1st April 1993.
1st April 1994.
1st April 1997.
1st April 1994.
Community Directive 88/76. Annex I, paragraphs 5, 7 and 8.
a
A vehicle which complies with the requirements of item 8;
b
A vehicle whose maximum speed is less than 50 km/h;
c
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 5
Vehicles which are not of a description specified in this column in items 4 and 8 but which –
are propelled by a spark ignition engine, and whose maximum gross weight is
not more than 2000 kg, or
more than 2000 kg.
are propelled by a compression ignition engine and whose maximum gross weight is
not more than 3500 kg, or
more than 3500 kg.
1st April 1992.
1st April 1994.
1st April 1991.
1st April 1994.
Community Directive 88/76. Annex I, paragraphs 5, 7 and 8.
a
A vehicle within the meaning given by Article 1 of Community Directive 88/77 and which complies with the requirements of item 6;
b
An industrial tractor, works truck or engineering plant;
c
A vehicle whose maximum speed is less than 50 km/h;
d
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 6 All vehicles propelled by compression ignition engines. 1st April 1991. Community Directive 88/77. Annex I, paragraphs 6, 7 and 8.
a
A vehicle whose maximum gross weight is less than 3500 kg, is first used before 1st April 1994 and which complies with the requirements of item 2;
b
A vehicle which complies with the requirements of items 4 or 5;
c
A fire appliance which is first used before 1st October 1992;
d
An industrial tractor, works truck or engineering plant;
e
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen. 7
Passenger vehicles which –
are constructed or adapted to carry not more than 5 passengers excluding the driver, and
have a maximum gross weight of not more than 2500 kg,
which are propelled by a compression ignition engine of
the indirect injection type, or
the direct injection type.
1st April 1991.
1st April 1997.
Community Directive 88/436. Annex I, paragraphs 5, 7 and 8 as far as they relate to particulate emissions.
a
A vehicle whose maximum speed is less than 50 km/h;
b
An off-road vehicle;
c
An exempt vehicle.
Particulates. 8
Passenger vehicles propelled by an engine with a capacity of less than 1400 cc which –
are constructed or adapted to carry not more than 5 passengers excluding the driver, and
have a maximum gross weight of not more than 2500 kg,
31st December 1992. Community Directive 89/458 Annex I, paragraphs 5, 7 and 8.
a
A vehicle whose maximum speed is less than 50 km/h;
b
An off-road vehicle;
c
An exempt vehicle.
Carbon monoxide, hydrocarbons and oxides of nitrogen.
Power measurement
5
In paragraph 1(b)(iii) of Part III of Schedule 8 there shall be inserted after the words “15th of February 1984” the words “or Annex 10 of ECE Regulation 24.03 or Community Directive 88/195”.
Minor and consequential amendments
6
1
In Table 1 of Schedule 2 after item 53 there shall be added the following items–
54 88/77 3.12.87 L36, 9.2.88, p. 33 Measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles 4E 2D 55 88/195 24.3.88 L92, 9.4.88, p. 50 Engine power of motor vehicles 80/1269 56 88/436 16.6.88 L214,6.8.88, p. 1 Measures to be taken against air pollution by gases from engines of motor vehicles (restriction of particulate pollutant emissions from diesel engines) 70/220 as amended by 74/290, 77/102, 78/665, 83/351 and 88/76 27 57 89/458 18.7.89 L226, 3.8.89, p. 1 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76 and 88/436
2
In Table II of Schedule 2, after item 21 there shall be inserted the following item–
21A 49 49 15.4.82. Emissions of gaseous pollutants — — —
3
In Schedule 3A–
a
in paragraph 1, the definition of “off-road vehicle” shall be omitted, and
b
paragraphs 3 and 4 shall be re-numbered as paragraphs 2 and 3 respectively.
Signed by the authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
23rd May 1990