text:
Citation and commencement
1
These Regulations may be cited as the Education (Training Grants) Regulations 1990 and shall come into force on 5th October 1990.
Interpretation
2
1
In these Regulations–
“determine” means determine by notice in writing;
“education authority” means a local education authority;
“eligible training” means training of a kind mentioned in regulation 4;
“expenditure” means expenditure of a kind mentioned in regulation 5;
“expenditure incurred by an education authority” includes expenditure incurred–
by the governing body of an aided school,
by the persons responsible for the maintenance of a special school not maintained by an education authority or of an institution of further or higher education, or
by persons employing youth and community workers,
and reimbursed by the authority;
“further education” has the meaning assigned to it by section 41 of the Education Act 1944;
“grant” means a grant in pursuance of these Regulations;
“higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988;
“higher rate” means 65 per cent;
“institution of further or higher education” means an institution providing further education or higher education or both and either–
maintained by an education authority, or
designated by or under regulations for the time being in force under section 218 of the Education Reform Act 1988 as an institution substantially dependent for its maintenance on assistance from education authorities or on grants under section 100(1)(b) of the Education Act 1944;
“nursery nurse” means a person who holds the Certificate in Nursery Nursing or the Certificate in Post-Qualifying Studies of the National Nursery Examination Board or the National Diploma in Caring Services of the Business & Technician Education Council and who is employed in connection with the education of children under the age of 5;
“qualified teacher” means a person who, by virtue of the regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988, is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
“special educational needs” has the meaning assigned to it by section 1 of the Education Act 1981;
“standard rate” means 60 per cent;
“trainee” means a person undergoing eligible training in respect of whom grant is payable under these Regulations.
2
In these Regulations a reference to a regulation is a reference to a regulation contained therein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Employment connected with leisure-time facilities
3
All categories of employment connected with leisure-time facilities, excluding those of a solely administrative, secretarial, clerical or manual nature, are hereby prescribed for the purpose of the definition of “youth and community worker” in section 50(4) of the Education (No. 2) Act 1986.
Grants by the Secretary of State
4
The Secretary of State is hereby authorised, subject to and in accordance with these Regulations, to make grants to education authorities to facilitate and encourage–
a
the further training as teachers of qualified teachers, whether or not they are employed as such;
b
the training or further training as teachers of persons other than qualified teachers who are employed as teachers by an education authority, by the governing body of an aided school or by the persons responsible for the maintenance of a special school not maintained by an education authority or of an institution of further or higher education;
c
the training as teachers of students studying for the Postgraduate Certificate in Education under arrangements made with an education authority for their training in schools maintained by the authority and known as the “Articled Teachers Scheme”;
d
the training of qualified teachers (whether or not they are employed as such) and other persons who are employed as teachers by an education authority, by the governing body of an aided school or by the persons responsible for the maintenance of an institution of further or higher education as–
i
youth and community workers,
ii
educational psychologists,
iii
education authority inspectors, or
iv
education advisers;
e
the training or further training of those employed–
i
as youth and community workers,
ii
as educational psychologists,
iii
as education authority inspectors, or
iv
by an education authority as education advisers;
f
the further training of those employed by an education authority as nursery nurses.
Expenditure in respect of which grants are payable
5
Grants shall be payable only in respect of expenditure incurred or to be incurred by an education authority on or after 1st April 1991 on–
a
tuition fees, examination fees and residential and other charges payable in respect of eligible training;
b
discretionary awards under section 2 of the Education Act 1962 paid as bursaries to students participating in the Articled Teachers Scheme referred to in regulation 4(c);
c
travelling, subsistence and other incidental expenses of a trainee;
d
that part of the remuneration of persons whose employment is necessary to free the trainee for training which relates to the period during which their employment is so necessary;
e
the cost of providing, planning, co-ordinating, monitoring and evaluating eligible training, including the provision of premises for such training:
provided that where such costs are incurred for such purposes and for other purposes grant shall be payable only on such proportion of those costs as is attributable to the provision, planning, co-ordinating, monitoring or evaluation of eligible training.
Conditions for payment of grant
6
It shall be a condition for the payment of grant to any education authority that the authority shall have submitted to the Secretary of State proposals for expenditure to be incurred by them on eligible training–
a
in such form,
b
at such time,
c
containing such particulars of expenditure which the authority proposes to incur on training eligible for grant at the higher rate, and
d
containing such particulars of expenditure which the authority proposes to incur in respect of such other eligible training,
as the Secretary of State may determine.
Amount of grant
7
1
The Secretary of State shall notify the education authority in writing of the maximum amount of expenditure to be incurred by the authority on training for each particular purpose which will be eligible for grant, which maximum amount may, in any case, be nil.
2
Where it appears to the Secretary of State that an education authority does not expect to incur expenditure up to, or wishes to incur expenditure in excess of, a maximum amount notified for a particular purpose under paragraph (1), the Secretary of State may, after consulting the authority, by notice in writing to the authority reduce or increase the maximum amount of expenditure so notified. A notice given under this paragraph shall, for the purposes of these Regulations, be deemed to be a notice of the maximum amount of expenditure to be incurred by the authority on training for that particular purpose which will be eligible for grant.
Rate of grant
8
1
Grant at the higher rate shall be payable on any expenditure incurred by an education authority on training for the following purposes, namely–
a
training to meet the special educational needs of pupils who have disabilities of hearing;
b
training to meet the special educational needs of pupils who have disabilities of sight;
c
training to meet the special educational needs of pupils who have severe learning difficulties, including pupils who are both deaf and blind;
d
training teachers who have special responsibility for pupils with special educational needs in schools other than special schools;
e
training to develop the skills of staff responsible for organising or making provision for students with special educational needs in institutions of further or higher education;
f
training educational psychologists;
g
training licensed teachers;
h
training students participating in the Articled Teachers Scheme referred to in regulation 4(c);
i
training teachers to teach Welsh as a second language or to teach through the medium of Welsh;
up to the maximum amount for such expenditure notified under regulation 7(1) or (2).
2
Grant at the standard rate shall be payable on any expenditure incurred by an education authority on any other eligible training up to the maximum amount so notified.
Applications for payment of grant
9
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant shall relate to expenditure incurred or to be incurred during one or more of the following periods–
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March;
and contain such particulars as the Secretary of State may determine.
3
Where an application relating to expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted on or before 15th March in that year, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (4)(a).
4
Each authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March, shall, during the period commencing on 1st April or as soon as practicable thereafter–
a
submit to the Secretary of State an application which shall specify the expenditure in respect of which grant has been or is being applied for which has been incurred by the authority during that year; and
b
secure the submission to the Secretary of State of an unqualified certificate, signed by the auditor appointed by the Audit Commission to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the application submitted by the authority pursuant to this paragraph are fairly stated and that a grant at the rate applied for is properly payable pursuant to these Regulations.
5
No payment of grant shall be made on or after 1st April 1991 in respect of expenditure by an education authority incurred in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (4)(b) for that year.
6
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (4)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the authority, be adjusted by payment between the authority and the Secretary of State.
Requests to be complied with
10
Any education authority to whom a payment of grant has been made shall, if so requested by the Secretary of State, furnish him with such further information as may be determined by him to enable him to verify that any grant paid has been properly paid under these Regulations.
11
Any education authority to whom payments of grant are made shall comply with such requests (including requests for the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be determined by the Secretary of State in the case in question.
Further Conditions and Requests
12
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of these Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined in pursuance of this regulation.
Revocation and Transitional Provisions
13
The Education (Training Grants) Regulations 1987 , the Education (Training Grants) (Amendment) Regulations 1988 and the Education (Training Grants) (Amendment) Regulations 1990 are hereby revoked, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those regulations in respect of expenditure incurred on or before 31st March 1991, or affect any condition or request prescribed by or determined under any of the regulations so revoked.
John MacGregor
Secretary of State for Education and Science
12th September 1990
David Hunt
Secretary of State for Wales
12th September 1990


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Education (Inner London Education Authority) (Horniman and Geffrye Museums) (Transfer of Functions) Order 1990 and shall come into force on 1st April 1990.
2
1
The functions of the Inner London Education Authority under the provisions specified in paragraphs (2) and (3) below (which functions were transferred to that Authority by section 45 of the Local Government Act 1985 and article 4 of the Local Government Reorganisation (Property etc. ) ( No. 2) Order 1986 respectively) are hereby transferred to the London Residuary Body.
2
The functions transferred by the said Act of 1985 are functions under —
a
section 46 of the London County Council (General Powers) Act 1901 (which relates to the Horniman Museum); and
b
section 29 of the London County Council (General Powers) Act 1959 (which relates to the Geffrye Museum).
3
The functions transferred by the said Order of 1986 are functions under —
a
sections 13, 19 and 20 of the Public Libraries and Museums Act 1964 ; and
b
articles 7 to 11, 13, 15, 16, 18 and 19 of the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 .
John MacGregor
Secretary of State for Education and Science
26th February 1990


text:
1
These Regulations may be cited as the Police (Amendment No. 3) Regulations 1990.
2
These Regulations shall come into force on 1st September 1990 and shall have effect for the purposes of regulation 3(5) and (6) as from 1st July 1989 and for the purposes of regulation 3(7), (8) and (9) as from 1st April 1990.
3
1
The Police Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 13(1)(b) (qualifications for appointment to a police force), the words which follow the words “18 years 6 months” shall be omitted.
3
In regulation 13(1)(d), the words from “ — (i) unless” to “and (ii)” shall be omitted.
4
In regulation 21(1) (personal record of member leaving force), the words “and the reason, cause or manner of his leaving the force” and the proviso to that paragraph shall be omitted.
5
In regulation 39 (London weighting) there shall be substituted for the words “in respect of the period from 1st July1987 to 30th June 1988 by £1,017 and with effect from 1st July 1988 by £1,089” the words “by £1,170”.
6
In paragraph 3(2) of Schedule 4 (university scholars' supplementary pay) there shall be substituted for the words “£1,017 a year in respect of the period from 1st July 1987 to 30th June 1988 and £1,089 a year with effect from 1st July 1988” the words “£1,170 a year”.
7
In regulation 49B(4)(b) there shall be substituted for the words “for the financial year” the words “and any compensatory grant in relation to such rent allowance in respect of the period”.
8
There shall be inserted after regulation 49B(5) the following paragraph:
5A
Where a member in receipt of a transitional rent allowance —
a
was entitled on 31st March 1990 to a flat-rate rent allowance, and
b
is married to (but not separated from) a woman member of a police force who on or after 1st April 1990 begins a period of unpaid maternity leave,
his transitional rent allowance shall, during his wife’s period of unpaid maternity leave, be payable at an annual rate equivalent to the maximum limit rent allowance which would have been payable to him on 31st March 1990 in respect of the accommodation in which he was living on 31st March 1990 if his wife had then been on unpaid maternity leave.
.
9
There shall be substituted for regulation 52A (1) the following paragraph:
1
This paragraph applies to —
a
a member of a police force who was on 31st March 1990 occupying a house or quarters with which he was provided by his police authority free of rent and rates and who on and after 1st April 1990 continues to occupy such accommodation free of rent;
b
a woman member of a police force who on 31st March 1990 was on unpaid maternity leave under regulation 35 and had ceased to occupy a house or quarters so provided by reason only of her being on that leave and who on her subsequent return to duty is again provided with a house or quarters free of rent (but applies only from the date of that return to duty);
and again applies (from the date of her return to duty) to a woman member of a police force to whom sub-paragraph (a) or (b) has applied, who has ceased to be provided with a house or quarters free of rent by reason only of her being on unpaid maternity leave under regulation 35 and who on her subsequent return to duty is again so provided.
.
Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
31st July 1990


text:
Title and commencement
1
This Order may be cited as the Building Societies (Designation of Qualifying Bodies) (Amendment) (No. 4) Order 1990 and shall come into force on 22nd June 1990.
Amendment of previous Order
2
The Building Societies (Designation of Qualifying Bodies) Order 1988 , shall have effect subject to the amendments set out in the Schedule to this Order.
In witness whereof the common seal of the Building Societies Commission is hereto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on 17th May 1990.
Norman Digance
Secretary to the Commission
We consent to this Order
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
17th May 1990


text:
Citation and commencement
1
This Order may be cited as the Electricity Act 1989 (Variation of Section 34(1)(a)) Order 1990 and shall come into force on 9th June 1990.
Substitution of capacity
2
Subsection (1) of section 34 of the Electricity Act 1989 shall have effect as if, for the capacity of 50 megawatts mentioned in paragraph (a) of that subsection, there were substituted the capacity of 10 megawatts.
John Wakeham
Secretary of State for Energy
11th May 1990
Malcolm Rifkind
Secretary of State for Scotland
14th May 1990


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1990.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1990 — 91 in sections 1(2) , 257 and 257A of that Act are set out in paragraphs (2), (3) and (4).
2
In section 1(2) of the said Act (basic rate limit) — £22,300.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £3,005;
b
in subsection (2) (personal allowance — age 65 to 74) — £3,670;
c
in subsection (3) (personal allowance — age 75 and over) — £3,820;
d
in subsection (5) (income limit for age-related allowances) — £12,300.
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,720;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £2,145;
c
in subsection (3) (married couple’s allowance — age 75 and over) — £2,185;
d
in subsection (5) (income limit for age-related allowances) — £12,300.
Stephen Dorrell
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1990


text:
Citation
1
This Order may be cited as the East Anglian, Essex and York (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
25th September 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Cheshire Hospitals National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to the National Health Service Act 1977 .
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mid Cheshire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mid Cheshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services at the Leighton Hospital, Middlewich Road, Crewe, Cheshire CW1 4QJ and associated hospitals.
b
provided to manage community health services from the Leighton Hospital, Middlewich Road, Crewe, Cheshire CW1 4QJ and to own the premises there from where these services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Crewe 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 Crewe 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 Crewe Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
1
These Regulations may be cited as the Education (Special Educational Needs) (Amendment) Regulations 1990and shall come into force on 1st September 1990.
2
The Education (Special Educational Needs) Regulations 1983 are hereby amended as follows —
1
in regulation 2(4) immediately after the definition of the expression “the Act of 1986” there shall be added the following —
“the Act of 1988 ” means the Education Reform Act 1988;
“the Act of 1989 ” means the Children Act 1989 ;
“assessment arrangements” has the same meaning as in section 2 of the Act of 1988;
“attainment targets” has the same meaning as in section 2 of the Act of 1988;
;
2
in regulation 2(4) immediately after the definition of the expression “education authority” there shall be added the following —
“foundation subjects” has the same meaning as in section 3 of the Act of 1988;
“hearing impaired” means deaf or partially deaf;
“local authority”, in relation to England and Wales, has the same meaning as in the Act of 1989;
“modifications” has the meaning assigned by section 235(1) of the Act of 1988;
“programmes of study” has the same meaning as in section 2 of the Act of 1988;
;
3
in regulation 2(4) at the end there shall be added the following —
“visually impaired” means blind or partially sighted.
;
4
for regulation 5(3) there shall be substituted the following —
3
Where it appears to the education authority, in consequence of medical advice or otherwise, that the child in question is —
a
hearing impaired, or
b
visually impaired, or
c
both hearing impaired and visually impaired,
and the person from whom advice is sought as provided in paragraph (1)(a) or (b) is not qualified to teach pupils who are hearing impaired or visually impaired or who are both hearing impaired and visually impaired, as the case maybe, then the advice sought shall be advice given after consultation with a person who is so qualified.
;
5
in regulation 5(4) in sub-paragraph (a) for the words “regulations relating to the employment of teachers from time to time in force under section 27 of the Education Act 1980” there shall be substituted “regulations relating to the employment of teachers from time to time in force under section 218 of the Act of 1988”;
6
in regulation 5(4) in sub-paragraph (b) for the words “deaf or blind pupils” there shall be substituted “pupils who are hearing impaired, visually impaired or who are both hearing impaired and visually impaired” and for the words “deaf or, as the case may be, blind pupils” there shall be substituted “pupils who are, as the case may be, hearing impaired or visually impaired or both hearing impaired and visually impaired”;
7
in regulation 10(1) in sub-paragraph (a) immediately after the word “specify” there shall be inserted “ — (i)” and at the end there shall be inserted the following —
ii
any modifications to the provisions of the National Curriculum (in terms of attainment targets, programmes of study and assessment arrangements) in their application to the child which the education authority consider necessary to meet those needs;
iii
any exclusions from the application of the provisions of the National Curriculum (in terms of attainment targets, programmes of study, assessment arrangements and foundation subjects) which the education authority consider necessary in view of those needs; and
iv
the provision which the education authority propose to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum, being a curriculum which meets the terms of paragraphs (a) and (b) of section 1(2) of the Act of 1988 for the child;
;
8
in regulation 10(1) in sub-paragraph (b) after the letter “(a)” there shall be inserted “(i)”;
9
in regulation 10(1) for sub-paragraph (c)(i) there shall be substituted the following —
c
specify any non-educational provision —
i
which the education authority propose to make available or which they are satisfied will be made available by a district health authority, a social services authority or some other body, and
;
10
in regulation 11(1) in sub-paragraph (e) there shall be deleted the word “or”;
11
in regulation 11(1) in sub-paragraph (f) at the end there shall be added the word “or”;
12
in regulation 11(1) at the end there shall be added the following sub-paragraph —
g
for the purposes of a local authority in the performance of their duties under sections 22(3)(a), 85(4)(a), 86(3)(a)and 87(3) of the Act of 1989 (which relate to safeguarding and promoting the welfare of children)
;
13
in the Schedule, in Part III (Special Educational Provision) of the form of statement of special educational needs, for the words in the parenthesis there shall be substituted the following —
(Here specify —
1
in accordance with Regulation 10(1)(a)(i), the special educational provision which the education authority consider appropriate to meet the needs specified in Part II; and
2
in accordance with Regulation 10(1)(a)(ii), (iii) and (iv) —
a
any modifications to the provisions of the National Curriculum;
b
from the application of the provisions of the National Curriculum; and
c
the provision which it is proposed to substitute for any such exclusions in order to maintain a balanced and broadly based curriculum.)
.
John MacGregor
Secretary of State for Education and Science
25th July 1990
David Hunt
Secretary of State for Wales
25th July 1990


text:
1
1
This Order may be cited as the Fixed Penalty Offences Order 1990 and shall come into force on 1st April 1990.
2
This Order shall not extend to Scotland.
3
In this Order, “the 1988 Act ” means the Road Traffic Offenders Act 1988.
2
1
The offences in paragraph 2 of this article shall be fixed penalty offences for the purposes of Part III of the 1988 Act.
2
The offences referred to in paragraph (1) above are —
a
failing to accord precedence to a foot passenger on a “zebra” crossing in contravention of regulation 8 of the “Zebra” Pedestrian Crossings Regulations 1971 ;
b
causing a vehicle to proceed across a “pelican” crossing in contravention of regulation 16 of the “Pelican” Pedestrian Crossings Regulations and General Directions 1987 ; and
c
failing to accord precedence to a pedestrian on a “pelican” crossing in contravention of regulation 17 of the said Regulations and General Directions of 1987.
3
In consequence of the provisions of article 2 of this Order, the entry in Schedule 3 to the 1988 Act relating to section 25(5) of the Road Traffic Regulation Act 1984 shall be modified by the addition, after the word “vehicle”, of the words “other than a contravention of regulation 8 of the “Zebra” Pedestrian Crossings Regulations 1971 or of regulation 16 or 17 of the “Pelican” Pedestrian Crossings Regulations and General Directions 1987”.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1990 and shall come into force on 9th April 1990.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which a person is or is not to be treated as gainfully employed) for the sum of £12 in each place where it occurs, there shall be substituted the sum of £20.
Revocation
3
The Social Security (Invalid Care Allowance) Amendment Regulations 1982 are hereby revoked.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
15th March 1990


text:
Citation, commencement and expiration
1
1
The Order may be cited as the A1 Trunk Road (Islington) (Bus Lanes) Red Route Experimental Traffic Order 1990.
2
This Order shall come into force on 1st January 1991 and remain in force until29th June 1992.
General interpretation
2
1
In this Order:
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“enactment” includes any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” has the same meaning as in Part II of the Transport Act 1985 ;
“pedestrian crossing” means a crossing for foot passengers marked on a road in accordance with regulations made under section 25 of the Road Traffic Act 1984;
“Schedule” means the Schedule to this Order; and
“water authority” means a water or sewerage undertaker within the meaning of the Water Act 1989 ;and the expressions “pedal cycle”, “school bus” and “works bus” have the same meanings as in the Traffic Signs Regulations and General Directions 1981 .
Interpretation of references to a bus lane, a length of road and associated expressions
3
1
In this Order, “bus lane” means the area bounded by —
a
the relevant edge of the carriageway of a length of road specified in the Schedule; and
b
a traffic sign consisting of a longitudinal single white line on the same side of the road as that edge (such a white line being referred to in this Order, in relation to a bus lane, as “the single white line”);and extending along the whole of that length of road.
2
Without prejudice to the generality of paragraph (1) above, where the single white line marking the boundary of a bus lane is broken by a gap opposite and adjacent to the junction of such a length of road with any other road or at a pedestrian crossing, the boundary shall nevertheless be regarded as continuing unbroken.
3
In this Order —
a
a reference to a length of road specified in the Schedule or a part of the Schedule is a reference to a length of road described in a single paragraph of the Schedule or that part of the Schedule;
b
a reference to the relevant edge of the carriageway, in relation to a length of road described in a paragraph of the Schedule, is a reference to the edge on the side of the road indicated by the Schedule;
c
a reference to an adjacent part of the road, in relation to a bus lane, is a reference to an area that is not within the bus lane but is within the carriageway of the length of road which comprises the bus lane;
d
a reference, in relation to a bus lane, to a gap in the single white line includes a reference to a place where instead of there being a single white line there is a broken line.
Application
4
This Order applies to the lengths of road in the London Borough of Islington specified in the Schedule.
Restriction on use of bus lanes
5
No person shall cause or permit any vehicle to enter or proceed in a bus lane comprised in a length of road specified in —
a
Part I of the Schedule at any time;
b
Part II of the Schedule between 0700 hours and 1000 hours and between 1600 hours and 1900 hours on Mondays to Fridays inclusive.
c
Part III of the Schedule between 0700 hours and 1300 hours on Mondays to Fridays inclusive.
d
Part IV of the Schedule between 0700 hours and 1300 hours on Mondays to Saturdays inclusive.
Exemptions relating to classes of vehicles and vehicles being used for certain purposes
6
1
Article 5 does not apply to —
a
a vehicles used in the provision of a London bus service;
b
a school bus or a works bus;
c
any other vehicle constructed or adapted to carry more than 11 passengers;
d
any other vehicle which is constructed or adapted for the carriage of disabled persons and those accompanying them and which is being used for the carriage of such persons;
e
a pedal cycle;
f
a licensed cab;
g
a vehicle being used for ambulance, fire brigade or police purposes if the observance of any provision of this Order would hinder the use of the vehicle for the purpose for which it is being used on that occasion;
h
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane.
2
Article 5 does not apply to a vehicle being used in connection with —
a
any building operation or demolition;
b
the removal of any obstruction to traffic;
c
the maintenance, improvement or reconstruction of any road;
d
the laying, erection, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus as defined in Schedule 2 of the Telecommunications Act 1984 in or near any road;
e
a vehicle being used in the service of a water authority in pursuance of its statutory powers and duties; or
f
the placing, maintenance or removal of any traffic sign,provided that in all the circumstances it is necessary for the vehicle to enter a bus lane.
Exemptions relating to crossing and turning traffic
7
— A person who causes or permits a vehicle to enter a bus lane shall not contravene article 5 if the vehicle enters the bus lane —
a
from a road which does not comprise the bus lane and forthwith leaves the bus lane through the gap in the single white line situated opposite and adjacent to the junction of that road with a bus lane, or if there is no such gap, at a point opposite that road;
b
from an adjacent part of the road through any gap in the single white line and forthwith enters a road which lies opposite that gap;
c
from any vehicular accessway or crossing over the footway adjoining the bus lane and forthwith leaves the bus lane at a point opposite that vehicular accessway or crossing; or
d
from an adjacent part of the road at a point opposite any vehicular accessway or crossing over the footway adjoining a bus lane and forthwith enters that vehicular accessway or crossing.
Exemptions in other circumstances
8
1
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so for the sole purpose of enabling a person suffering from any disability or injury (including blindness) which seriously impairs his ability to walk to board or alight from that vehicle and the vehicle —
a
does not remain at rest for more than 2 minutes, and
b
in any event, does not remain in the bus lane for longer than necessary for that purpose.
2
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so —
a
in order to prevent an accident and the vehicle then leaves the bus lane as soon as practicable;
b
in order to deliver postal packets addressed to premises adjacent to the bus lane; or
c
in order to collect postal packets from such premises or posting boxes adjacent to the bus lane.
3
Article 5 of this Order does not apply to anything done —
a
with the permission or at the direction of a constable in uniform or a traffic warden, or
b
in accordance with any indication given by a traffic sign which has been placed pursuant to section 66 or 67 of the Road Traffic Regulation Act 1984.
Savings relating to other enactments
9
The prohibition imposed by this Order is in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment.
Power to modify or suspend this Order
10
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after —
a
consulting with the Commissioner of Police of the Metropolis, and
b
giving such notice as the Secretary of State may direct,make modifications of any descriptions (other than additions) to this Order or suspend this Order or any provision of this Order.
11
The power to make modifications under article 10 does not include power to designate additional parking places on a highway for which charges are made.
Signed by authority of theSecretary of State for Transport.
P. E. Butler
Assistant Secretary, London Regional Directorate of the
Department of Transport
11th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1990 and shall come into force on 3rd December 1990.
Amendment of Schedule 1
2
Schedule 1 to the Nursing Homes and Mental Nursing Homes Regulations 1984 (fees to accompany applications) shall be amended as follows —
a
in paragraph 1 for “£600” there shall be substituted “£678”; and
b
in paragraph 2 for “£380” there shall be substituted “£410”.
Revocations
3
The Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1986 and regulation 2 of the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1988 are hereby revoked.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
1st November 1990


text:
Citation and commencement
1
1
This Order may be cited as the Avon, Somerset and Wiltshire (County Boundaries) Order 1990.
2
This Order shall come into force on 7th March 1990 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1990.
Interpretation
2
In this Order “boundary map” means one of the 8 maps prepared by the Department of the Environment, marked “Maps of the Avon, Somerset and Wiltshire (County Boundaries) Order 1990”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Avon to Somerset
3
1
The part of the county of Avon, the district of Wansdyke and the parish of Wellow marked A11 on boundary map 8 shall be transferred to —
a
the county of Somerset and the East Mendip electoral division of that county;
b
the district of Mendip and the Nordinton ward of that district;
c
the parish of Norton St. Philip;
d
the Frome petty sessional division;
e
the Eastern Somerset Coroner’s district.
2
The part of the county of Avon, the district of Woodspring and the parish of Loxton marked A10 on boundary map 7 shall be transferred to —
a
the county of Somerset and the Brent electoral division of that county;
b
the district of Sedgemoor and the Axe Vale ward of that district;
c
the parish of Compton Bishop;
d
the Sedgemoor petty sessional division;
e
the Western Somerset Coroner’s district.
Transfers from Avon to Wiltshire
4
1
The part of the county of Avon, the district of Northavon and the parish of Acton Turville marked A8 on boundary map 6 shall be transferred to —
a
the county of Wiltshire and the Kington electoral division of that county;
b
the district of North Wiltshire and the Nettleton ward of that district;
c
the parish of Nettleton;
d
the Chippenham petty sessional division;
e
the Wiltshire Coroner’s district.
2
The part of the county of Avon, the district of Northavon and the parish of Hawkesbury marked A2 on boundary map 2 shall be transferred to —
a
the county of Wiltshire and the Malmesbury electoral division of that county;
b
the district of North Wiltshire and the Sherston ward of that district;
c
the parish of Luckington;
d
the Malmesbury petty sessional division;
e
the Wiltshire Coroner’s district.
Transfers from Somerset to Avon
5
1
The parts of the county of Somerset, the district of Mendip and the parish of Kilmersdon marked A4 and A5 on boundary maps 4 and 5 shall be transferred to —
a
the county of Avon and the Radstock electoral division of that county;
b
the district of Wansdyke and the Radstock ward of that district;
c
the parish of Norton-Radstock and the Radstock ward of that parish;
d
the Wansdyke petty sessional division;
e
the Avon Coroner’s district.
2
The part of the county of Somerset, the district of Sedgemoor and the parish of Compton Bishop marked A9 on boundary map 7 shall be transferred to —
a
the county of Avon and the Priory electoral division of that county;
b
the district of Woodspring and the Winscombe ward of that district;
c
the parish of Loxton;
d
the Weston-Super-Mare petty sessional division;
e
the Avon Coroner’s district.
Transfers from Wiltshire to Avon
6
1
The parts of the county of Wiltshire, the district of North Wiltshire and the parish of Nettleton marked A6 and A7 on boundary map 6 shall be transferred to —
a
the county of Avon and the Sodbury electoral division of that county;
b
the district of Northavon and the Badminton ward of that district;
c
the parish of Acton Turville;
d
the Avon North petty sessional division;
e
the Avon Coroner’s district.
2
The part of the county of Wiltshire, the district of North Wiltshire and the parish of Nettleton marked A3 on boundary map 3 shall be transferred to —
a
the county of Avon and the Sodbury electoral division of that county;
b
the district of Northavon and the Badminton ward of that district;
c
the parish of Tormarton;
d
the Avon North petty sessional division;
e
the Avon Coroner’s district.
3
The part of the county of Wiltshire, the district of North Wiltshire and the parish of Sopworth marked A1 on boundary map 1 shall be transferred to —
a
the county of Avon and the Sodbury electoral division of that county;
b
the district of Northavon and the Hawkesbury ward of that district;
c
the parish of Hawkesbury and the Hawkesbury ward of that parish;
d
the Avon North petty sessional division;
e
the Avon Coroner’s district.
Town and country planning
7
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1990 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Signed by authority of the Secretary of State for the Environment
David Heathcoat-Amory
Parliamentary Under Secretary of State,
Department of the Environment
1st February 1990


text:
1
These Regulations may be cited as the Enrolment of Deeds (Change of Name) (Amendment) Regulations 1990, and shall come into force on 1st January 1991.
2
In regulation 8(5)(b) of the Enrolment of Deeds (Change of Name) Regulations 1983 , after the words “the Master of the Rolls” shall be inserted the words “, or another judge of the Supreme Court,”.
Donaldson of Lymington, M.R.
Dated 5th December 1990


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Modification) Regulations 1990.
2
These Regulations come into force on 12th November 1990.
Reduction of pension fund surpluses
2
1
In this regulation and in regulation 3, “surplus” means the amount by which the value of the assets of the scheme exceeds the value of the liabilities, as shown by the valuation, or stated in the certificate, referred to in regulation 3(2) below.
2
Where all the requirements of regulation 3 are satisfied, the Occupational Pensions Board may make an order under section 64(1A) of the Social Security Act 1973 to enable the surplus to be reduced or eliminated in the way or ways specified in the application for the order.
3
Where the Board make an order for the purpose prescribed by paragraph (2) of this regulation, section 64(7) of the Social Security Act 1973 is modified so that it does not apply except insofar as it requires the Board to be satisfied that it is reasonable in all the circumstances to make the order.
Requirements for regulation 2 to apply
3
1
The Occupational Pensions Board may make an order under section 64(1A) of the Social Security Act 1973 for the purpose prescribed by regulation 2(2) only if all the requirements of this regulation are satisfied.
2
The first requirement is that an actuarial valuation of the assets and liabilities of the scheme produced under paragraph 2 of Schedule 22 to the Income and Corporation Taxes Act 1988 shows, or a certificate given under that paragraph states, that the value of the assets exceeds the value of the liabilities by a percentage which is more than the maximum prescribed for the purposes of that Schedule .
3
The second requirement is that the trustees or managers of the scheme are satisfied that it is in the interests of the beneficiaries that the surplus be reduced or eliminated in the way or ways specified in the application for the order. The specified way or ways must be permitted ways of reducing or eliminating the surplus in accordance with paragraph 3 of Schedule 22 to the Income and CorporationTaxes Act 1988.
4
The third requirement is that the proposals for reducing or eliminating the surplus are approved by the Commissioners of Inland Revenue for the purposes of Schedule 22 to the Income and Corporation Taxes Act 1988.
5
The fourth requirement is that–
a
the scheme provides for the annual rate of every pension which commences or has commenced under the scheme to be increased each year by at least an amount equal to the appropriate percentage of that rate; or
b
the proposals for reducing or eliminating the surplus include a provision for increasing each pension under the scheme as mentioned in sub-paragraph (a).
6
In paragraph (5) above and in this paragraph–
“annual rate”, in relation to a pension, means the annual rate of the pension, as previously increased under the rules of the scheme;
“the appropriate percentage”, in relation to an increase in the annual rate of a pension, means the percentage specified in the last revaluation order made before the increase is to take effect as the revaluation percentage for the last revaluation period of 12 months;
“pension” does not include–
a guaranteed minimum pension or any increase in such a pension under section 37A of the Social Security Pensions Act 1975 ; or
any money purchase benefit (as defined in section 66(1) of the Social Security Pensions Act 1975) ;
“revaluation order”, “revaluation percentage” and “revaluation period” mean the same as in section 52A of the Social Security Pensions Act 1975 .
Reflecting overriding legislation in scheme rules
4
The Occupational Pensions Board may make an order under section 64(1A) of the Social Security Act 1973 for the purpose of reflecting, in the rules of the scheme, any requirements of overriding legislation.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th October 1990


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1990 and shall come into force on 1st April 1990.
2
1
The provisions specified in paragraph (2) below (“the specified provisions”) shall apply in relation to the London Residuary Body as respects a relevant course as if that Body were the local education authority for the area comprising the area of all the inner London councils.
2
The specified provisions are sections 1, 2 and 4 of, and Schedule 1 to, the Education Act 1962 , the Education (Mandatory Awards) Regulations 1989 and section 209 of the Act.
3
The specified provisions shall not apply to the inner London councils to the extent that they apply to the London Residuary Body by virtue of paragraph (1) above.
4
In paragraph (1) above “a relevant course” means a course to which section 1 or (as the case may be) section 2 of the said Act of 1962 applies —
a
in respect of which an award has been bestowed by the Inner London Education Authority (“ ILEA ”); or
b
which commenced on or after 1st September 1989 and before 1st April 1990 and in respect of which an application for an award has been made to ILEA (but not refused) or would fall to be made to ILEA but for its abolition.
3
Without prejudice to section 195 of the Act, anything which immediately before 1st April 1990 was in the process of being done by or in relation to ILEA in the exercise of or in connection with the specified functions as respects a relevant course may be continued by or in relation to the London Residuary Body.
John MacGregor
Secretary of State for Education and Science
29th March 1990


text:
1
The length of the A500 Principal Road described in Schedule 1 to this Order and shown by continuous black marking on the deposited plan shall become a trunk road as from the date this Order comes into force.
2
The length of the Trunk Road described in Schedule 2 to this Order and shown by broken black marking on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date this Order comes into force.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highways; and
2
i
“the deposited plan” means the plan numbered HA10/2 WM 141 marked “The (A500) Hanford-Etruria Principal Road (Trunking) and (A34) Winchester-Preston Trunk Road (De-trunking from Hanford to Talke) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Masham Street, London, SW1 3PY; and
ii
“a principal road” as a classification for a highway, is a principal road for the purpose of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
4
This Order shall come into force on 1st April 1990 and may be cited as the (A500) Hanford-Etruria Principal Road (Trunking) and (A34) Winchester-Preston Trunk Road (De-trunking from Hanford to Talke) Order 1990.
Signed by authority of the Secretary of State for Transport
D R Ritchie
Regional Director
Department of Transport West Midlands Region
15th February 1990


text:
1
This Order may be cited as the Land Charges (Fees) Order 1990 and shall come into force on 2nd April 1990.
2
The fees payable in Her Majesty’s Land Registry under the Land Charges Act 1972 shall be collected in money.
3
The Land Charges Fees Order 1985 so far as made under powers conferred by the Public Offices Fees Act 1879 is hereby revoked.
David Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury.
21st February 1990


text:
1
The London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section Slip Roads) (Part 1) Order 1988 (hereinafter referred to as the “principal order”) is amended as follows: —
a
in article 2 of the principal order, for the words “deposited plan”, there shall be substituted the words “depositedplan or the further deposited plan”;
b
in article 4 of the principal order,after sub-paragraph (i), there shall be inserted the following sub-paragraph —
i
A “the further deposited plan” means the plan numbered RSE A3/6B/65/2/31, marked “The London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section Slip Roads) (Part 1) Order 1988, Amendment Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, SW1P 3PY;
and
c
in the Schedule to the principal order, for the words and numbers “reference numbers 1, 2, 3, 4, 5 and 6 on the deposited plan”, there shall be substituted the words and numbers “reference number 1 on the deposited plan, reference number 2 on the further deposited plan and reference numbers 3, 4, 5 and 6 on the deposited plan”.
2
The heavy black line which is given the reference number “2” on the deposited plan shall be disregarded.
3
This Order shall come into force on 1st July 1990 and may be cited as the London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section Slip Roads) (Part 1) Order 1988, Amendment Order 1990.
Signed by authority of the Secretary of State for Transport
D. Gruffydd Jones
Regional Director, South East Region,
Department of Transport
30th May 1990


text:
1
These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 1990 and shall come into force on17th August 1990.
2
The forms in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 are amended as follows —
a
for paragraph 5 of form 2, paragraph 4 of form 6 and paragraph 4 of form 8 substitute —
;
b
omit paragraph 4 of form 7; and
c
in form 8 omit the first paragraph in the right hand column below the heading.
3
Nothing in these Regulations affects the validity of a notice served before17th December 1990 if the notice was in the form originally prescribed by the Regulations mentioned in regulation 2.
Chris Patten
Secretary of State for the Environment
23rd July 1990
David Hunt
Secretary of State for Wales
24th July 1990


text:
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) (Exempt Transfer) (Amendment) Regulations 1990 and shall come into force on 1st June 1990.
2
In the Schedule to the Stock Transfer (Gilt-edged Securities) (Exempt Transfer) Regulations 1985 for the words “The Thames Water Authority” there shall be substituted the words “Thames Water Utilities Limited”.
Thomas Sackville
John M Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
8th May 1990


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Food Labelling (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
These regulations extend to England and Wales.
3
In these Regulations —
“the Combined Nomenclature ” means the codes given in Council Regulation ( EEC ) No. 2658/87 (as amended) on the tariff and statistical nomenclature and on the Common Customs Tariff; and
“the principal Regulations ” means the Food Labelling Regulations 1984 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as specified in the following provisions of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified in the principal Regulations.
3
For regulation 3(1) there shall be substituted the following paragraph —
1
Subject to paragraph (2) of this regulation, these Regulations shall apply to cream and to food containing milk, but except as aforesaid they shall not apply to cows' milk.
.
4
For regulation 6(c) there shall be substituted the following paragraph —
c
the appropriate durability indication, that is to say —
i
in the case of a food other than one specified in sub-paragraph (ii) of this paragraph, an indication of minimum durability;
ii
in the case of a food which, from the microbiological point of view, is highly perishable and in consequence likely after a short period to constitute an immediate danger to human health, a “use by” date;
.
5
1
To the heading “Indication of minimum durability” preceding the heading to regulation 21 there shall be added the words “or “use by” date”.
2
At the end of regulation 21(2)(a) the word “and” shall be deleted.
3
In regulation 21(2)(b) there shall be inserted immediately after the words “three months” the words “but not more than 18 months” and at the end there shall be inserted the word “, and”.
4
Immediately following regulation 21(2)(b) there shall be inserted the following sub-paragraph —
c
in the case of a food which can reasonably be expected to retain its specific properties for more than 18 months it may be expressed either in terms of a month and year only or in terms of a year only, if (in either case) the words “best before” are replaced by the words “best before end”.
5
Regulation 21(4) and (5) shall be deleted.
6
Immediately following regulation 21 there shall be inserted the following regulation —
Form of indication of “use by” date
21A
1
Where a “use by” date is required in respect of a food it shall be indicated by —
a
the words “use by” followed by the date up to and including which the food, if properly stored, is recommended for use, and
b
any storage conditions which need to be observed.
2
The “use by” date shall be expressed in terms either of a day and a month (in that order) or of a day, a month and a year (in that order).
3
The date up to and including which a food required to bear a “use by” date is recommended for use may appear separately from the words “use by”, provided that those words are followed by a reference to the place where the date appears.
.
7
For regulation 22 there shall be substituted the following regulation —
Foods which need not bear an indication of minimum durability or a “use by” date
22
The following foods need not be marked or labelled with an indication of minimum durability or a “use by” date —
a
fresh fruit and vegetables (including potatoes but not including sprouting seeds, legume sprouts and similar products) which have not been peeled or cut into pieces;
b
wine, liqueur wine, sparkling wine, aromatized wine and any similar drink obtained from fruit other than grapes and any drink made from grapes or grape musts and coming within codes 2206 00 91, 2206 00 93 and 2206 00 99 of the Combined Nomenclature;
c
any drink with an alcoholic strength by volume of 10 per cent or more;
d
any soft drink, fruit juice or fruit nectar or alcoholic drink, sold in a container containing more than 5 litres and intended for supply to catering establishments;
e
flour confectionery and bread which are normally consumed within 24 hours of their preparation;
f
vinegar; (g) cooking and table salt;
h
solid sugar and products consisting almost solely of flavoured or coloured sugars;
i
chewing gums and similar products;
j
edible ices in individual portions;
k
until 20th June 1992 —
i
deep-frozen food,
ii
cheese which is intended to ripen completely or partially in its packaging,
iii
any food which, if properly stored, can be expected to retain its specific properties for more than eighteen months.
.
8
For regulation 27 there shall be substituted the following regulation —
Small packages and certain indelibly marked bottles
27
1
Subject to paragraphs (2) and (3) of this regulation, any prepacked food, either contained in an indelibly marked glass bottle intended for re-use and having no label, ring or collar, or the largest surface of whose packaging has an area of less than ten square centimetres, need not by virtue of these Regulations be marked or labelled with any of the particulars specified in regulation 6 except the name of the food and, unless the food is not required to be marked or labelled with such an indication, an indication of minimum durability or, as the case may be, a “use by” date.
2
This regulation does not apply to any food to which regulation 24, 25, 28, 29 or 31A applies.
3
Until 1st January 1997 any bottle referred to in paragraph (1) of this regulation need not be marked or labelled with an indication of minimum durability or, as the case may be, a “use by” date.
.
9
For regulation 32(2)(d) there shall be substituted the following sub-paragraph —
d
in relevant trade documents furnished on or before delivery of the food and, in respect of the particulars required by regulation 6(a), (c) and (e), on the external packaging in which that food is sold.
.
10
1
In regulation 35(1) and (2) there shall be inserted immediately after the words “of minimum durability”, on each occasion that these occur, the words “or, as the case may be, of a “use by” date”.
2
Immediately following regulation 35(2) there shall be inserted the following paragraph —
3
Paragraphs (1) and (2) of this regulation shall not apply to any food sold in a bottle or packaging where such bottle or packaging is the subject of regulation 27.
.
11
At the end of regulation 40(e) the word “or” shall be inserted and immediately following regulation 40(e) there shall be inserted the following paragraphs —
f
sells any food after the date shown in a “use by” date relating to it, or
g
being a person other than whichever of the manufacturer, packer or seller established within the European Economic Community was originally responsible for so marking the food, alters the indication of minimum durability or, as the case may be, the “use by” date relating to that food,
.
12
For regulation 41 there shall be substituted the following regulation —
Enforcement
41
1
Subject to paragraph (2) below, each food authority shall enforce and execute these Regulations in its area.
2
Each port health authority shall enforce and execute these Regulations in its district in relation to imported food.
3
For the purposes of this regulation “food authority” shall mean —
a
for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
b
as respects a non-metropolitan district, in relation to regulation 40(f) only, and in addition to any other food authority, severally, the council of that district.
.
13
Immediately after regulation 41 there shall be inserted the following regulation —
Defence in cases of alteration of appropriate durability indication
41A
In any proceedings for an offence under regulation 40(g) it shall be a defence for the person charged to prove that each alteration in respect of which the offence is alleged was effected under the written authorisation of a person capable of effecting that alteration without contravention of that provision.
.
14
In Schedule 7 there shall be inserted after the entry concerning the description “dealcoholised” and the conditions applying thereto the following entry: —
In column 1(Words and descriptions) In column 2(Conditions)
The description “low alcohol” or any other word or description which implies that the drink being described is low in alcohol
Shall not be applied to any alcoholic drink unless —
the drink has an alcoholic strength by volume of not more than 1.2 per cent, and
the drink is marked or labelled with an indication of its maximum alcoholic strength (in one of the forms specified in regulation 31(1) immediately preceded by the words “not more than”).
.
Transitional provision
15
1
It shall not be an offence under the principal Regulations to sell or advertise for sale any alcoholic drink described as “low alcohol” (or bearing any other word or description which implies that the drink being described is low in alcohol) in contravention of the provisions of regulation 38 of the principal Regulations and Schedule 7 thereto (as herein amended) where such drink was prepacked and labelled before the coming into force of these Regulations.
2
It shall not be an offence under the principal Regulations to sell before 1st April 1991 any food which is not marked or labelled with the appropriate durability indication referred to in regulation 6(c) in circumstances where that food is marked or labelled in accordance with what would have been the requirements of regulation 21 had these Regulations not come into force.
In witness whereof the official Seal of the Minister of Agriculture, Fisheries and food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under-Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of West Sussex that the new trunk roads are open for through traffic.
2
In this Order: —
a
All measurements of distance are measured along the route of the relevant highway;
b
i
“classified road” as a classification for a highway, means the highway is not a principal road for the purposes of enactments or instruments, which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered RSE A27/4A/08/1/1, marked “The A27 Trunk Road (Westhampnett Bypass Detrunking) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways mentioned in article 1 of the A27 Trunk Road (Westhampnett Bypass and Slip Roads) Order 1990 ;
iv
“the Trunk Road” means the Folkestone-Honiton Trunk Road (A27).
3
This Order shall come into force on 1st February 1991 and may be cited as the A27 Trunk Road (Westhampnett Bypass Detrunking) Order 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
6thDecember 1990


text:
1
This Order may be cited as the Value Added Tax (Insurance) Order 1990 and shall come into force on 1st December 1990.
2
Schedule 6 to the Value Added Tax Act 1983 shall be varied by substituting for item 1 of Group 2 (Insurance) the following: —
1
The provision of insurance and reinsurance by —
a
a person permitted in accordance with section 2 of the Insurance Companies Act 1982, to carry on insurance business; or
b
an insurer who belongs outside the United Kingdom against any risks or other things described in Schedules 1 and 2 to the Insurance Companies Act 1982.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
15th October 1990


text:
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England) (Amendment) Order 1990 and shall come into force on 30th August 1990.
2
In article 2 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 , after paragraph (2), there shall be inserted–
3
References in this Order to section 2(2) of the Act are references to that section as amended from time to time by the addition of paragraphs by order made under section 2(3) of the Act.
.
Chris Patten
Secretary of State for the Environment
27th July 1990


text:
Citation and commencement
1
This Order may be cited as the Home Purchase Assistance (Winding Up of Scheme) Order 1990 and shall come into force on 31st March 1990.
Winding Up Provisions
2
1st April 1990 is specified as the date from which account will no longer be taken under the assistance legislation of —
a
any notice given on or after that date under paragraph 34(5) of the Home Purchase Assistance Directions 1978, or
b
any period of two years as described in paragraph 34(8) of those Directions which starts to run on or after that date.
3
1st April 1993 is specified as the date from which account will no longer be taken under the assistance legislation of the making of any application for assistance.
Chris Patten
Secretary of State for the Environment
26th February 1990
Peter Walker
Secretary of State for Wales
26th February 1990
Malcolm Rifkind
Secretary of State for Scotland
27th February 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Electricity Council and Electricity Boards Regulations 1990 and shall come into force on 31st March 1990.
2
In these Regulations “a residual body” means the Electricity Council, the Generating Board and any Area Board.
Appointment and tenure of office
2
1
Subject to the provisions of these Regulations a member of a residual body shall hold and vacate office in accordance with the terms of the instrument appointing him and shall, on ceasing to be a member, be eligible for re-appointment.
2
Any member of a residual body may resign his office by giving to the Secretary of State not less than three months notice in writing or such shorter notice as the Secretary of State may approve.
Vacation of Office
3
If the Secretary of State is satisfied that a member of a residual body —
a
has been absent from meetings of the body of which he is a member for a period longer than six consecutive months without the permission of that body;
b
has become bankrupt or made an arrangement with his creditors;
c
is incapacitated by physical or mental illness; or
d
is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may declare his office as a member to be vacant; and thereupon the office shall become vacant.
Proceedings and quorum
4
1
The validity of any proceedings of a residual body shall not be affected by a vacancy amongst the members of that body or by a defect in the appointment of a member.
2
The quorum of any residual body shall be two.
Execution of Instruments
5
The seal of any residual body shall be authenticated by the signature of the secretary of that body or of some person generally or specially authorised by that body to act in that behalf.
Proof of documents
6
Every document purporting to be an instrument executed or issued by or on behalf of any residual body and to be duly executed under the seal of that body or to be signed or executed by the secretary of any residual body or a person authorised by that body to act in that behalf, shall be received in evidence and be deemed, without further proof, to be so executed or issued unless the contrary is shown.
Revocation
7
The Electricity (Central Authority and Area Boards) Regulations 1947 , the Electricity (Central Authority and Area Boards) (Amendment) Regulations 1957 and the Electricity (Central Authority and Area Boards) (Amendment) Regulations 1968 are hereby revoked.
John Wakeham
Secretary of State for Energy
13th February 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No. 1) Order 1990 and shall come into force on 29th October 1990.
2
In this Order “ the Act ” means the British Railways (Penalty Fares) Act 1989.
Activation of penalty fare provisions
2
Sections 4 to 9 of the Act shall have effect with respect to the train services provided by the Board specified in the Schedule to this Order, as from the 29th October 1990.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
1st October 1990


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1990 and shall come into force on 1st April 1990 immediately after the coming into force of the provisions of the Income Support (General) Amendment Regulations 1990 specified in regulation 1(1)(a) (commencement) of those Regulations.
Amendment of Regulations
2
1
The National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) after the definition of “income support” there shall be inserted the following definition: —
“partner” has the meaning assigned to it in regulation 2(1) of the Income Support (General) Regulations 1987 ;
;
b
in paragraph (2) for the words from “an instrument” to “a reference” there shall be substituted the words “a provision of the Social Security Act 1986 or to an instrument made under that Act is to be construed as a reference to that provision or, as the case may be,”.
3
In Table A in Part I of Schedule 1 (calculation of resources) —
a
the entry “regulation 24” in column (1) and the corresponding entry in column (2) shall be omitted;
b
in the substituted regulation 25 set out in column (2) in relation to the entry “regulation 25” in column (1) —
i
after the words “normal weekly income” there shall be inserted the words “from those payments”;
ii
in sub-paragraph (b) after the word “average” there shall be inserted the word “amount”;
c
in column (2) the words from “; and for” to ““, 41 and 42”” where they appear in relation to the entry “regulation 28” in column (1) shall be omitted;
d
in column (2) for the words “paragraphs (2) to (5)” and the words “paragraphs (2) to (6)” where they appear in relation to the entry “regulation 32” in column (1) there shall in each case be substituted the words “paragraphs (2) to (7)”;
e
the entries “regulation 33” and “regulation 37” in column (1) and the corresponding entries in column (2) shall be omitted;
f
n column (2) for the words “and paragraph (3)” where they appear in relation to the entry “regulation 41” in column (1) there shall be substituted the words “and paragraphs (3) and (4)”;
g
the entry “regulation 43” in column (1) and the corresponding entry in column (2) shall be omitted;
h
in column (2) for the words “paragraphs (2), (3) and (8)” where they appear in relation to the entry “regulation 44” in column (1) there shall be substituted the words “paragraphs (2), (3), (8) and (9)”;
i
or the entry in column (2) corresponding to the entry “regulation 48” in column (1) there shall be substituted the following entry: —
As if in paragraph (2) the words from “Except” to “applies”, were omitted; in paragraph (5) the words “Subject to paragraph (6)” were omitted; and paragraphs (6) and (10)(a) and (b) were omitted.
;
j
n the entry in column (2) corresponding to the entry “Schedule 8” in column (1), immediately below the words “As if paragraph 6 were omitted.” there shall be inserted the following words: —
9 “As if in paragraph 7 for the words “none of paragraphs 4 to 6” there were substituted the words “neither of paragraphs 4 or 5”.”;
k
for the entry “Schedule 9” in column (1) and the corresponding entry in column (2) there shall be substituted the following entries: —
Schedule 9 As if paragraph 12 were omitted. As if in paragraph 15 the references to paragraph 37 were omitted in sub-paragraphs (1) and (2); and sub-paragraph (3)(b) were omitted. As if in paragraph 16 for the words “paragraphs 36 and 37” there were substituted “paragraph 36”. As if in paragraph 21(1) the words from “or in the case” to “applies” were omitted. As if in paragraph 28 the words from “Except” to “return to work)” were omitted. As if paragraphs 30, 34 and 37 were omitted. Schedule 10 As if in paragraph 17 for the words from “Except” to “payment” there were substituted the words “Any payment”.
.
4
For paragraph 3 in Part II of Schedule 1 (calculation of requirements) there shall be substituted the following paragraph: —
3
A claimant’s requirements shall be calculated as being the amount referred to in sub-paragraph (a) of this paragraph, less, where applicable, the amount referred to in sub-paragraph (b) of this paragraph, as follows: —
a
the amount which represents the aggregate of —
i
the weekly applicable amount which would apply to him, including that in respect of any other member of his family, in connection with a claim for income support as specified by the provisions of regulations 17 to 21 of, and Schedules 2, 3, 4 and 7 to, the Income Support (General) Regulations 1987 , but subject to the modifications referred to in paragraph 2(b) and (c) and paragraph 4, and
ii
80 per cent. of the weekly amount of any personal community charge which the claimant or his partner is liable to pay under section 12 of the Local Government Finance Act 1988 or section 8 of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 , or of any collective community charge contribution which he or his partner is liable to pay under section 9 of the Local Government Finance Act 1988 or section 11(11) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987, but disregarding any such amount where the person liable to pay it is a person in respect of whom section 13 of that Act of 1988 or section 3(5) of that Act of 1987 applies;
b
the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any community charge benefit received by the claimant or by any member of his family under the provisions of Part II of the Social Security Act 1986 .
.
5
In paragraph 4 in Part II of Schedule 1 the words from “except” to the end of the paragraph shall be omitted.
6
In Table B in Part II of Schedule 1 —
a
in the entry in column (2) corresponding to the entry “regulation 17” in column (1) after ““18 to 21”” there shall be added the words “; and as if paragraph (1)(g) were omitted”;
b
in the entry in column (2) corresponding to the entry “regulation 18” in column (1) for ““19 to 21”” there shall be substituted the words ““19 and 21”; and as if paragraph (1)(h) were omitted”;
c
for the entry “regulations 19 to 21” in column (1) and the corresponding entry in column (2) there shall be substituted the following entries: —
regulations 19 and 21 As if in paragraph (1) of each of these regulations the references to regulation 22 were omitted. Schedule 2
As if in column (1) of the Table in paragraph 1, for heads (a) and (b) of sub-paragraphs (1) and (2) there were substituted in each of those sub-paragraphs the following heads: —
a
except where head (b) of this sub-paragraph applies, less than 18;
b
less than 18 and in respect of whom an amount is applicable under Schedule 3;
;
as if head (c) of sub-paragraphs (1) and (2) were omitted in columns (1) and (2) of that Table; as if in head (a) of sub-paragraph (3) in column (1) of that Table the word “and” and sub-heads (i) to (v) were omitted; as if in head (d) of sub-paragraph (3) in column (1) of that Table the words from “and the other” to the end of the head were omitted; and as if heads (aa), (b), (e) and (f) of sub-paragraph (3) were omitted in columns (1) and (2) of that Table.
;
d
in the entry in column (2) corresponding to the entry “Schedule 3” in column (1) —
i
the words “(l) 80 per cent. of the general rates payable in respect of the dwelling occupied as the home.” shall be omitted;
ii
for the words from “As if in paragraph 11” to “omitted” there shall be substituted the words “As if paragraph 11(7)(e) were omitted.”;
e
in column (2) for the words “paragraphs 4 to 12” where they appear in relation to the entry “Schedule 4” in column (1) there shall be substituted the words “paragraphs 5 to 12”;
f
he entry “Schedule 5” in column (1) and the corresponding entry in column (2) shall be omitted;
g
for the entry in column (2) corresponding to the entry “Schedule 7” in column (1) there shall be substituted the following entry: —
As if the references in paragraphs 1, 10A, 10B, 10C and 13 to “sub-paragraph (g) of regulation 17(1)” were omitted. As if the references in paragraphs 1, 10B and 13 to “sub-paragraph (h) of regulation 18(1)” were omitted. As if paragraphs 7 and 17 were omitted.
.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
8th March 1990


text:
1
1
This Order may be cited as the Damages for Bereavement (Variation of Sum) (England and Wales) Order 1990.
2
This Order shall come into force on 1st April 1991, and shall apply only to causes of action which accrue on or after that date.
2
In section 1A(3) of the Fatal Accidents Act 1976, for the figure “£3,500” there shall be substituted the figure “£7,500”.
Mackay of Clashfern, C.
Dated 17th December 1990


text:
Title and commencement
1
These Regulations may be cited as the National Rivers Authority (Levies) Regulations 1990 and shall come into force on 31st January 1990.
Interpretation
2
1
In these Regulations, “the principal Act ” means the Land Drainage Act 1976 and, unless the context otherwise requires —
“the 1988 Act ” means the Local Government Finance Act 1988;
“ the Authority ” means the National Rivers Authority established by section 1 of the Water Act 1989;
“district” means a local flood defence district which is treated as such by virtue of section 139(2) of the Water Act 1989 or by virtue of section 89(2) of the principal Act, or is created by a scheme made in accordance with section 4 of the principal Act ;
“expenses” of the Authority for a chargeable financial year means qualifying expenses ascertained in accordance with section 45(2) of the principal Act, the reference in that section to sums received by virtue of section 46 of that Act being taken as a reference to sums received by virtue of any levy issued under these Regulations;
“local council”, in relation to a district, means the council of any county, metropolitan district or London Borough any part of whose area is comprised in that district and, if any part of the City of London is comprised in that district, the Common Council of the City of London.
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Power to issue levies
3
1
In order to meet its expenses in respect of a district, the Authority may, in respect of any chargeable financial year, issue a levy to a local council in accordance with these Regulations and with sections 46(5) to (8) and 47 of the principal Act .
2
When issuing a levy to a local council, the Authority shall notify the council whether the levy or any portion of it relates to part only of the council’s area and, if it does, which part.
Issue of levies
4
A levy must be issued before 15th February in the financial year preceding that for which it is issued, but is not invalid merely because it is issued on or after that date.
Maximum amount of levies
5
1
A levy issued by the Authority under these Regulations shall be subject to the provisions of section 46(5) to (7) of the principal Act, read with this regulation, the reference to precepts in the said section 46(5) being taken to be a reference to levies.
2
For the purposes of a levy issued by the Authority in respect of a district, the estimated penny rate product for a relevant area for a financial year referred to in the said section 46(5) shall be taken to be —
a
in respect of the financial year beginning in 1990, the product taken into account for the purpose of the said section 46(5) in respect of the relevant area in the financial year beginning in 1989; and
b
in respect of any subsequent financial year, the amount ascertained in accordance with sub-paragraph (a) above in respect of the relevant area, increased or decreased by the proportion by which the retail prices index for September of the financial year preceding that in respect of which the levy is issued differs from the retail prices index for September 1989.
3
For the purposes of a levy issued by the Authority in respect of a district, the reference in the said section 46(6) to the estimated penny rate product for a relevant area for a financial year shall be taken to be a reference to the amount for the financial year determined for the relevant area in accordance with paragraph (2) of this regulation.
4
References in paragraph (2)(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment of expenses
6
1
The Authority shall secure that such of its expenses in respect of a district as are to be met by levies issued by it under these Regulations are borne by the local councils (if more than one) in proportion.
2
Proportions under paragraph (1) of this regulation shall be determined by reference to the relevant population, for the financial year in respect of which the levies are issued, of each local council’s area or (as the case may be) the part which falls within the district.
3
For the purposes of this regulation and regulation 7, the relevant population for a financial year is —
a
in relation to the area of the council of a metropolitan district or London Borough, or to the City of London, the relevant population of the area for the year, calculated by the Secretary of State under paragraph 4 of Schedule 12A to the 1988 Act ;
b
in relation to the area of an English county council, the aggregate of the relevant populations for the year, calculated by the Secretary of State under paragraph 4 of the said Schedule 12A, of the areas of the charging authorities comprised in the county;
c
in relation to the area of a Welsh county council, the aggregate of the relevant populations for the year, calculated by the charging authorities in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraph 5(1) of the said Schedule 12A, of the areas of the charging authorities comprised in the county;
d
in relation to part of the area of the council of a metropolitan district or London Borough, or to part of the City of London, the relevant population of that part for the year, calculated in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraph 6(2) of the said Schedule 12A;
e
in relation to part of the area of an English county council, the aggregate of the relevant populations for the year of the areas of the charging authorities and of the parts of charging authorities' areas comprised in that part of the county, calculated in the manner described in paragraph (b) above or (as the case may be) paragraph (d) above;
f
n relation to part of the area of a Welsh county council, the aggregate of the relevant populations for the year of the areas of the charging authorities and of the parts of charging authorities' areas comprised in that part of the county, calculated in accordance with the rules for the time being effective (as regards the year) under regulations made under paragraphs 5 and 6 of the said Schedule 12A.
4
Regulations referred to in paragraphs (c), (d) and (f) of the preceding paragraph shall have effect for the purposes of this regulation as they have effect for the purposes of section 69 of the 1988 Act .
Notification of relevant population
7
1
This regulation applies where the expenses of the Authority in respect of a district are to be borne by more than one local council in accordance with regulation 6.
2
For the purposes of this regulation, each of the following is a notifying authority in relation to a district, namely —
a
a charging authority which is a local council, and
b
any other charging authority to which a county council, being a local council, has power to issue a precept.
3
An English notifying authority shall, within 3 working days after the relevant population of its area for a year has been communicated to it under paragraph 4(4)(a) of Schedule 12A to the 1988 Act, inform the Authority of the relevant population so communicated.
4
A Welsh notifying authority shall, within 3 working days after the relevant population of its area for a year has been calculated in accordance with paragraph 5 of Schedule 12A to the 1988 Act, inform the Authority of the relevant population so calculated.
5
A notifying authority in respect of part of whose area a levy may be issued by the Authority shall, as soon as is reasonably practicable after the relevant population of its area for a year has been communicated or calculated as above, calculate the relevant population of the part for that year in accordance with the rules referred to in regulation 6(3)(d) and (f), and shall inform the Authority of the relevant population so calculated within 3 working days thereafter.
Substituted levies
8
1
Where the Authority has issued a levy in respect of a district for a financial year (originally or by way of substitute), it may issue a levy in substitution.
2
A levy issued in substitution shall be issued in accordance with regulations 5 and 6.
3
No levy may be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted, except as provided by paragraph (4) below.
4
The amount of a levy issued in substitution (in this regulation called “a new levy”) may be greater than the amount of the levy for which it is substituted (in this regulation called “the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of regulation 6, but only by so much as is required to enable those requirements to be fulfilled.
5
Where the Authority issues a new levy, anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
6
But if the amount of the old levy exceeds that of the new levy —
a
the amount in excess shall be repaid if the local council by whom it was paid so requires;
b
in any other case, the amount in excess shall (as the Authority determines) either be repaid or be credited against any subsequent liability of the local council in respect of any levy issued by the Authority.
Payment of levies
9
A local council to which a levy is issued under these Regulations in respect of a financial year shall pay the amount of the levy to the Authority in that financial year —
a
at such time and in such instalments (if any) as may be agreed between the Authority and the council, or
b
in default of such agreement,
i
by four equal instalments due on 1st May, 1st July, 1st October and 1st January in the financial year, or
ii
if the levy is issued after 30th April in the financial year, by equal instalments or (as the case may be) by a single payment due on as many of the dates referred to in sub-paragraph (i) above as remain after the date of issue of the levy or, if none so remain, by a single payment due 30 days after the said date of issue.
Anticipation of levies: charging authorities
10
1
In this regulation “relevant charging authority” means a local council which is a charging authority.
2
Paragraphs (3) to (6) below apply where at the time when a relevant charging authority makes its calculations under section 95 of the 1988 Act for a financial year, the Authority has not issued to it a levy in respect of a district for that year.
3
A relevant charging authority may, in estimating its expenditure under section 95(2)(a) of the 1988 Act, take into account its estimate of the amount of the levy that it expects will be issued to it by the Authority.
4
If the relevant charging authority makes calculations for the year in substitution under section 96 of the 1988 Act at a time when a levy in respect of that year has not been issued to it by the Authority and an amount was taken into account under paragraph (3) above, the relevant charging authority shall, in estimating its expenditure under section 95(2)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the Authority issues no levy to the relevant charging authority in respect of a district for the year, the fact that an amount has been taken into account under paragraph (3) above does not make the relevant charging authority liable to pay anything in respect of that district to the Authority.
6
Section 33(4)(a) of the 1988 Act shall apply in relation to the levy anticipated under this regulation as it applies in relation to a levy which is issued.
Anticipation of levies: county councils
11
1
In this regulation, “relevant precepting authority” means a local council which is a county council.
2
Paragraphs (3) to (6) below apply where, at the time when a relevant precepting authority estimates its expenditure under section 68(4)(a) of the 1988 Act for a financial year, the Authority has not issued to it a levy in respect of a district for that year.
3
A relevant precepting authority may, in estimating its expenditure under section 68(4)(a) of the 1988 Act, take into account its estimate of the amount of the levy that it expects will be issued to it by the Authority.
4
If the relevant precepting authority issues a precept for the year in substitution under section 71 of the 1988 Act at a time when a levy in respect of that year has not been issued to it by the Authority, and an amount was taken into account under paragraph (3) above, the relevant precepting authority shall, in estimating its expenditure under section 68(4)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the Authority issues no levy to the relevant precepting authority in respect of a district for the year, the fact that an amount has been taken into account under paragraph (3) above does not make the relevant precepting authority liable to pay anything in respect of that district to the Authority.
6
Section 70(2)(b) of the 1988 Act shall apply in relation to the levy anticipated under this regulation as it applies in relation to a levy which is issued.
Modification of the principal Act
12
In respect of the financial year beginning in 1990 and subsequent financial years —
a
in sections 46(8) and 47(1) of the principal Act, the references to precepts shall be taken to be references to levies issued under these Regulations;
b
in section 110(1) of the principal Act, the reference to rating authorities shall be taken to be a reference to charging authorities;
c
in section 110(1) and (2) of the principal Act, the references to amounts due under sections 45 to 47 of that Act shall be taken to be amounts due in respect of levies issued under these Regulations.
Chris Patten
Secretary of State for the Environment
29th January 1990
Peter Walker
Secretary of State for Wales
29th January 1990


text:
1
This Order may be cited as the Land Registration Act 1988 (Commencement) Order 1990.
2
The Land Registration Act 1988 shall come into force on 3rd December 1990.
Mackay of Clashfern, C.
Dated 4th July 1990