text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 1990 and shall come into force on 4th April 1990.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“business” includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate;
“centralised scheme” has the meaning that it has for the purposes of paragraph 28 of the Schedule;
“exempt approved scheme” means a scheme which is for the time being within paragraph (a) or (b) of section 592(1) of the Income and Corporation Taxes Act 1988 ;
“relevant statutory scheme” means a scheme within section 611A(1) of the Income and Corporation Taxes Act 1988 ;
“relevant employer” in relation to another employer means —
an employer who is associated with the other employer, or
an employer —
who has acquired, or who has been acquired by or who has merged with, the other employer in circumstances where the other employer had established an exempt approved scheme before 14th March 1989, or
who has taken over the whole or part of the business of the other employer in those circumstances;
“the Schedule” means Schedule 6 to the Finance Act 1989.
2
For the purpose of this regulation an employer is associated with another employer if (directly or indirectly) one is controlled by the other or if both are controlled by a third person.
3
In paragraph (2) above the reference to control —
a
in relation to an employer which is a body corporate and a close company within the meaning of section 414 of the Income and Corporation Taxes Act 1988 , shall be construed in accordance with section 416 of that Act , and
b
in relation to an employer which is a body corporate other than one mentioned in sub-paragraph (a) above or a partnership, shall be construed in accordance with section 840 of that Act;
and the like definition to that in the said section 840 shall apply (with the necessary modifications) in relation to an employer which is an unincorporated association as that definition applies to a body corporate.
4
In these Regulations references to an exempt approved scheme established by an employer include references to such a scheme to which that employer had contributed.
Exempt approved schemes – disapplication of paragraph 5(4) of the Schedule
3
1
In relation to any exempt approved scheme of which an employee is a member, the circumstances prescribed for the purposes of paragraph 18(4) of the Schedule as being those in which paragraphs 5(4) of the Schedule shall not have effect as regards that employee’s remuneration in respect of an employment are, subject in each case to the satisfaction of one of the conditions contained in paragraph (3) below, any of those specified in paragraph (2) below.
2
The circumstances specified in this paragraph are the following —
a
before 1st June 1989 the employee became a member of the exempt approved scheme which came into existence before 14th March 1989;
b
on or after 1st June 1989 the employee became a member of the exempt approved scheme which came into existence before 14th March 1989, but before the former date his employer was contractually bound to him to provide the benefits provided by the scheme;
c
the employee became a member of the exempt approved scheme which came into existence on or after 14th March 1989, but before that date his employer was contractually bound to him to provide the benefits provided by the scheme;
d
the employee became a member of a relevant statutory scheme in the circumstances described in regulation 4(2)(a),(b) or(c) below and on or after 1st June 1989 —
i
the office or employment by virtue of which contributions to that scheme were paid became an employment in respect of which the exempt approved scheme was established by his employer, and
ii
one of the conditions contained in regulation 4(3) below was satisfied at the time in relation to his membership of the relevant statutory scheme;
and in paragraph (3) below “the scheme” means the exempt approved scheme referred to in sub-paragraph (a), (b), (c) or (d) above as the case may require.
3
Subject to paragraph (4) below, the conditions contained in this paragraph are that —
a
at all times since the employee became a member of the scheme benefits have continued to accrue to him under the scheme; or
b
at all times since he became such a member benefits have continued to accrue to him under the scheme except during one or more periods in any of the circumstances specified in paragraph (5)(b),(c),(d) and (e) below; or
c
benefits continued to accrue to him under the scheme at all times after he became such a member until they ceased so to accrue and —
i
he became a member of another exempt approved scheme, whenever it came into existence, (in this paragraph and in paragraph (5) below referred to as “the other scheme”) in any of the circumstances specified in that paragraph, and
ii
at all times since benefits have continued to accrue to him under the other scheme, or have continued so to accrue to him except as stated in sub-paragraph (b) above,
and this condition shall apply in relation to the cessation of the accrual of benefits under that other scheme (and under any further scheme of which the employee has become a member in any of those circumstances) as it applies in relation to the scheme and for the purposes of that application “the scheme” and “the other scheme” shall be construed accordingly.
4
Where any of the schemes referred to in paragraph (3) above is a centralised scheme, benefits shall not be regarded as continuing to accrue to an employee under that scheme for the purposes of the relevant condition in that paragraph unless they continue so to accrue by virtue of his being employed by the same employer or by two or more employers who are relevant employers in relation to each other.
5
The circumstances specified in this paragraph are circumstances where —
a
benefits ceased to accrue to the employee under the scheme and he thereupon became a member of the other scheme which was established by his employer or by an employer who was a relevant employer in relation to his employer;
b
benefits ceased to accrue to the employee under the scheme by reason of his secondment or posting to another employer and —
i
at the end of the period of his secondment or posting he again became a member of the scheme or became a member of the other scheme which was established by the employer by whom he was seconded or posted or by an employer who was a relevant employer in relation to that employer, and
ii
at the time of his secondment or posting he had a definite expectation that the condition contained in paragraph (i) of this sub-paragraph would be fulfilled;
c
benefits ceased to accrue to the employee under the scheme by reason of his unpaid absence and, within one month of returning to work, he again became a member of the scheme or became a member of the other scheme which was established by the employer who established the scheme or by an employer who was a relevant employer in relation to that employer;
d
benefits ceased to accrue to the employee under the scheme by reason of her pregnancy or confinement and, within one month of returning to work, she again became a member of the scheme or became a member of the other scheme which was established by the employer who established the scheme or by an employer who was a relevant employer in relation to that employer;
e
benefits ceased to accrue to the employee under the scheme for a period not exceeding one month in circumstances other than those specified in sub-paragraph (b), (c) or (d) above.
Relevant statutory schemes – disapplication of paragraph 6(5) of the Schedule
4
1
In relation to any relevant statutory scheme of which a person is a member, the circumstances prescribed for the purposes of paragraph 18(4) of the Schedule as being those in which paragraph 6(5) of the Schedule shall not have effect as regards that person’s remuneration in respect of an office or employment are, subject in each case to the satisfaction of one of the conditions contained in paragraph (3) below, any of those specified in paragraph (2) below.
2
The circumstances specified in this paragraph are the following —
a
before 1st June 1989 the person became by virtue of his office or employment a member of the relevant statutory scheme which was established before 14th March 1989;
b
on or after 1st June 1989 the person became a member of the relevant statutory scheme which was established before 14th March 1989, but before the former date he was entitled by virtue of his office or employment to be provided with the benefits provided by the scheme;
c
the person became a member of the relevant statutory scheme which was established on or after 14th March 1989, but before that date he was entitled by virtue of his office or employment to be provided with the benefits provided by the scheme;
d
the person became a member of an exempt approved scheme in the circumstances described in regulation 3(2)(a),(b) or (c)above and on or after 1st June 1989 —
i
the employment in respect of which contributions to that scheme were made became an office or employment by virtue of which contributions were paid to the relevant statutory scheme, and
ii
one of the conditions contained in regulation 3(3) above was satisfied at the time in relation to his membership of the exempt approved scheme;
and in paragraph (3) below “the scheme” means the relevant statutory scheme referred to in sub-paragraph (a),(b),(c) or (d) aboveas the case may require.
3
The conditions contained in this paragraph are that —
a
at all times since the person became a member of the scheme benefits have continued to accrue to him under the scheme; or
b
at all times since he became such a member benefits have continued to accrue to him under the scheme except during one or more periods in any of the circumstances specified in paragraph (4)(b),(c),(d) and (e) below; or
c
if benefits have ceased to accrue to him under the scheme —
i
he has become a member of another such scheme by virtue of the same office or employment, or of another such scheme having the same rules as the scheme or, where the other such scheme is a scheme established in another part of the United Kingdom, corresponding to the scheme, (in this paragraph and in paragraph (4) below referred to in either case as “the other scheme”) in any of the circumstances specified in that paragraph, and
ii
at all times since benefits have continued to accrue to him under the other scheme, or have continued to accrue to him except as stated in sub-paragraph (b) above,
and this condition shall apply in relation to the cessation of the accrual of benefits under the other scheme (and under any further scheme of which the person has become a member in any of the circumstances referred to above) as it applies in relation to the scheme and for the purposes of that application “the scheme” and “the other scheme” shall be construed accordingly.
4
The circumstances specified in this paragraph are where —
a
benefits ceased to accrue to the person under the scheme and he thereupon became a member of the other scheme;
b
benefits ceased to accrue to the person under the scheme by reason of his secondment or posting to another office or employment and —
i
at the end of the period of his secondment or posting he again became a member of the scheme or became a member of the other scheme, and
ii
at the time of his secondment or posting he had a definite expectation that the condition contained in paragraph (i)of this sub-paragraph would be fulfilled;
c
benefits ceased to accrue to the person under the scheme by reason of his unpaid absence and, within one month of returning to work, he again became a member of the scheme or became a member of the other scheme;
d
benefits ceased to accrue to the person under the scheme by reason of her pregnancy or confinement and, within one month of returning to work, she again became a member of the scheme or became a member of the other scheme;
e
benefits ceased to accrue to the person under the scheme for a periodof time, in circumstances other than those specified in sub-paragraph (a),(b),(c) or (d) above, and notwithstanding that period ofcessation the person is entitled under the scheme to have remuneration taken into account for any year of assessment in arriving at —
i
his relevant annual remuneration for the purposes of calculating benefits, and
ii
his remuneration for that year for the purposes of any restriction on the aggregate amount of contributions payable,
in excess of that which, if the scheme were a retirement benefits scheme to which Part II of the Schedule applies, would be the permitted maximum for that year (within the meaning of paragraph 20 of the Schedule).
Additional voluntary contributions – further disapplication of paragraphs 5(4) and 6(5) of the Schedule
5
1
In relation to an exempt approved scheme or a relevant statutory scheme (in this regulation referred to in either case as “the AVC scheme”) which provides benefits in addition to those provided by an exempt approved scheme or a relevant statutory scheme of which an employee or a person is a member, the circumstances prescribed for the purposes of paragraph 18(4) of the Schedule, as being those in which neither paragraph 5(4) nor paragraph 6(5) of the Schedule shall have effect as regards that employee’s or that person’s remuneration in respect of an office or employment, shall include those specified in paragaph (2) below.
2
The circumstances specified in this paragraph are where —
a
in relation to the exempt approved scheme which provides benefits to which the benefits provided by the AVC scheme areadditional, paragraph 5(4) of the Schedule does not have effect as regards the employee’s remuneration in respect of an employment by virtue of regulation 3 above, or
b
in relation to the relevant statutory scheme which provides benefits to which the benefits provided by the AVC scheme are additional, paragraph 6(5) of the Schedule does not have effect as regards the person’s remuneration in respect of an office or employment by virtue of regulation 4 above,
and the employee or the person became a member of the AVC scheme in circumstances other than those specified in regulation 3(2) or 4(2) above.
A J G Isaac
L J H Beighton
Two of the Commissioners of Inland Revenue
13th March 1990


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sole (Western English Channel) (Prohibition of Fishing) Order 1990 and shall come into force on 15th December 1990.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means the statistical division of the International Council for the Exploration of the Sea described in the Schedule hereto.
Prohibition
2
Fishing for sole ( Solea vulgaris ) —
a
within any part of the sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of the sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1991.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat the powers conferred by paragraphs (2) to (4) below.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
12th December 1990
David Hunt
Secretary of State for Wales
11th December 1990
J. Hanley
Parliamentary Under Secretary of State Northern Ireland Office
13th December 1990


text:
1
This Order may be cited as the Free Zone (Liverpool) Designation (Variation) Order 1990 and shall come into force on 31st January 1990.
2
The area designated a free zone by the Free Zone (Liverpool) Designation Order 1984 shall be varied so as to consist of the area of 643 acres in the Borough of Sefton in the County of Merseyside, shown enclosed by a red line on a map (being of a scale of 2 5 inches to a mile), marked “Map referred to in article 2 of the Free Zone (Liverpool) Designation (Variation) Order 1990”, signed by a Collector of Customs and Excise and dated 15th December 1989.
3
The map referred to in article 2 above shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ (and a copy thereof at the offices of the Mersey Docks and Harbour Company) in substitution for the map substituted by article 4 of the Free Zone (Liverpool) Designation (Variation) Order 1988 .
Thomas Sackville
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1990


text:
1
This Order may be cited as the Marshall Scholarships Order 1990 and shall come into force on 31st May 1990.
2
Section 1 of the Marshall Aid Commemoration Act 1953 shall have effect with the substitution for the reference to thirty scholarships of a reference to forty scholarships.
G I de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Tryptophan in Food Regulations 1990 and shall come into force on 12th September 1990.
2
In these Regulations unless the context otherwise requires —
“tryptophan” means dextrorotatory tryptophan, laevorotatory tryptophan, or racemic tryptophan, or any salt or peptide prepared from any of those forms,
and references to adding tryptophan to food —
a
do not include references to adding food which contains only tryptophan occurring naturally in it to any other such food or to food which contains no tryptophan;
b
but otherwise include references to adding food to which tryptophan has been added to any other food.
Prohibition on sale, etc of food containing tryptophan
2
1
Subject to paragraph (4) of this regulation, the addition of tryptophan to food intended for sale for human consumption is prohibited.
2
Subject to paragraph (4) of this regulation, the sale or offer for sale of food containing tryptophan is prohibited.
3
The exposure for sale of food containing tryptophan is prohibited.
4
Food containing tryptophan may be sold or offered for sale by a pharmacist or in the course of the activities of a hospital to a person in respect of whom there is an appropriate medical certificate or to someone acting on that person’s behalf, and
a
any person may add tryptophan to food intended for sale in those circumstances for human consumption; and
b
any person may sell, or offer for sale, food containing tryptophan for the purposes of its being sold in those circumstances.
5
Subject to paragraph (6) of this regulation, a person who contravenes or fails to comply with paragraph (1), (2) or (3) of this regulation commits an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
6
A pharmacist or a person acting in the course of the activities of a hospital who contravenes or fails to comply with paragraph (2) of this regulation by reason only that a document purporting to be the appropriate medical certificate is not genuine does not commit an offence if, having exercised all due diligence, he has reasonable cause to believe that the document was an appropriate medical certificate.
7
In this regulation —
“appropriate medical certificate” means a certificate in writing given by a registered medical practitioner that a person requires food to which tryptophan has been added to treat a condition from which a registered medical practitioner has diagnosed him to be suffering;
“food containing tryptophan” means food intended for human consumption which does not comply with paragraph (1) of this regulation in that tryptophan has been added to it otherwise than in accordance with paragraph (4)(a) of this regulation;
“hospital” includes a clinic, nursing home, or similar institution; and
“pharmacist” means a person lawfully conducting a retail pharmacy business within the meaning of section 69 of the Medicines Act 1968 .
Certificate of public analyst
3
1
Where any food is certified by a public analyst as having had tryptophan added to it the food may be treated for the purposes of section 9 of the Food Act 1984 (under which food may be seized) as being unfit for human consumption.
2
In its application for the purposes of these Regulations, section 9(3) of the Food Act 1984 shall have effect as if after the words “he shall” there were inserted the words “if he is satisfied that it is intended for sale in contravention of regulation 2(2) of the Tryptophan in Food Regulations 1990”.
Application of various provisions of the Food Act 1984
4
1
Subject to paragraph (2) of this regulation, the following provisions of the Food Act 1984 shall apply for the purposes of these Regulations as if references therein to proceedings or a prosecution under, or proceedings taken or brought under, that Act included references to proceedings or a prosecution under, or proceedings taken or brought under, these Regulations —
a
section 95(5) and (6) (which relates to prosecutions);
b
section 97(1), (2) and (3) (which relates to evidence of analysis);
c
section 99 (which relates to the power of a court to require
d
section 100 (which relates to a contravention due to some person other than the person charged);
e
section 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence);
f
section 103 (which relates to offences in relation to warranties and certificates of analysis).
2
In its application for the purposes of these Regulations section 99 of the Food Act 1984 shall have effect as if the reference therein to section 95(6) of that Act were a reference to that subsection as applied by paragraph (1) of this regulation.
Authorities to enforce and execute Regulations
5
It shall be the duty of every local authority and of every food and drugs authority to enforce and execute the provisions of these Regulations within their area.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st August 1990
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
21st August 1990
David Hunt
Secretary of State for Wales
21st August 1990


text:
1
These Rules may be cited as the Registered Designs (Amendment) Rules 1990 and shall come into force on 13th August 1990.
2
Rule 11 of the Registered Designs Rules 1989 is hereby revoked.
Douglas Hogg
Minister of State,
Department of Trade and Industry
18th July 1990


text:
Citation and commencement
1
This Order may be cited as the Special Hospitals Service Authority (Establishment and Constitution) Amendment Order 1990 and shall come into force on 17th October 1990.
Amendment of Order
2
1
The Special Hospitals Service Authority (Establishment and Constitution) Order 1989 shall be amended in accordance with the following provisions of this article.
2
After article 4 there shall be added the following article —
Remuneration of members
5
The Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.
.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
19thSeptember 1990


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) Regulations 1990 and shall come into force on 6th April 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Plant Varieties and Seeds Act 1964;
“maintainer” means a person indicated in a National List as responsible for the maintenance of a plant variety;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food, and “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State for Northern Ireland acting jointly;
“National List” means a list of plant varieties prepared and published in accordance with the principal Regulations ;
“plant breeders' rights” means rights which may be granted in accordance with Part I of the Act, and “plant breeders' rights scheme” means a scheme made under that Part of the Act to enable a grant of such rights;
“the principal Regulations” means the Seeds (National Lists of Varieties) Regulations 1982 ;
“renewal fee” means a fee payable in respect of the retention of a plant variety in a National List.
2
Any reference in these Regulations to “the Schedule” shall be construed as a reference to the Schedule to these Regulations.
Payment of fees
3
1
Subject to paragraphs (2) and (3) below, there shall be paid to the Minister in respect of matters arising under the principal Regulations —
a
a fee on making an application for the entry of a plant variety in a National List, being the new fee set out in the second column of Part I of the Schedule opposite the reference in the first column of the said Part I to the plant variety of the kindto which the application relates, such fee being payable on making the application;
b
a fee payable in respect of tests for one year for distinctness, uniformity and stability of a plant variety which is the subject of an application for entry in a National List, being the new fee set out in the second column of Part II of the Schedule opposite the reference in the first column of the said Part II to the plant variety of the kind to which the tests relate, such fee being payable within 14 days of a demand made by the Minister;
c
a fee payable in respect of trials for value for cultivation and use of a plant variety which is the subject of an application for entry in a National List and is referred to in the first column of Part III of the Schedule, being the new fee set out in the second column of the said Part III opposite that reference, such fee being payable in respect of each year of a trials cycle and so payable within 14 days of a demandmade by the Minister;
d
a renewal fee, being the new fee set out in the second and third columns of Part IV of the Schedule in relation to the particular year of retention of a plant variety in a National List opposite the reference in the first column of the said Part IV to the plant variety of the kind retained in the National List, such fee being payable, subject to regulation 4(3) below, before the beginning of the particular year of retention in the National List;
e
the fees payable in respect of the matters referred to in the first column of Part V of the Schedule, being the new fees set out in the third column of the said Part V opposite the respective references to those matters, such fees being payable at the times specified in respect of each such matter in the second column of the said Part V.
2
The fees prescribed in Part II of the Schedule shall not be payable by an applicant who has paid the fees prescribed by regulations made under the Act in respect of tests carried out on his behalf for the purposes of a grant of plant breeders' rights in respect of the same variety.
3
The fees prescribed in Part III of the Schedule shall not be payable in respect of trials for value for cultivation and use for a plant variety where any part of those trials is conducted by a person who is the holder of a valid licence to conduct such trials issued under regulations made under section 16(1A) of the Act.
4
If the fee payable by a person in connection with tests of a plant variety shall not have been paid within 14 days of a demand made by the Minister, the Minister shall not be obliged to take any further steps in relation to the tests until the fee shall have been paid.
Renewal fees
4
1
The renewal fee shall be paid by the maintainer who is indicated in the National List incompliance with regulation 18(1) of the principal Regulations.
2
Where two or more maintainers are indicated in a National List as responsible for the maintenance of a plant variety there shall when the occasion arises be paid by each of them, in place of the renewal fee prescribed in Part IV of the Schedule, a fee equal to one-half of such fee and if a fee so payable by a maintainer is not paid the Ministers shall remove from the National List the reference to such person as a maintainer of the plant variety.
3
The Ministers may extend the time for the payment of a renewal fee if they consider that it is reasonable in all the circumstances to do so.
Revocation
5
The Seeds (National Lists of Varieties) (Fees) Regulations 1987 , the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1988 and the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1989 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
8th March 1990
Peter Walker
Secretary of State for Wales
7th March 1990
Peter Brooke
Secretary of State for Northern Ireland
15th March 1990


text:
1
This Order may be cited as the Value Added Tax (Transport) Order 1990 and shall come into force on 1st May 1990.
2
Group 10 (transport) of Schedule 5 to the Value Added Tax Act 1983 shall be varied in accordance with the following articles of this Order.
3
In item 3 —
a
in paragraph (a) for the words “the Royal National Lifeboat Institution” there shall be substituted the words “a charity providing rescue or assistance at sea”;
b
for paragraph (b) there shall be substituted the following paragraph:
b
the construction, modification, repair or maintenance for a charity providing rescue or assistance at sea of slipways used solely for the launching and recovery of lifeboats.
.
4
In item 4 —
a
in paragraph (b) the word “or” shall be deleted; and
b
at the end of paragraph (c) there shall be added the word “; or” and the following paragraph:
d
from a place within to a place outside the United Kingdom or vice versa, to the extent that those services are supplied in the United Kingdom.
.
5
In item 5 the words “passengers or” shall be deleted.
6
In item 6 —
a
in paragraph (a) for the words “or customs and excise airport” there shall be substituted the words “, customs and excise airport or outside the United Kingdom”;
b
in paragraph (b) after the word “handling” there shall be added the words “or storage”.
7
In item 9 the words “within or outside the United Kingdom” shall be deleted.
8
In item 11 the words “or passengers” shall be deleted.
9
For Note (1) there shall be substituted the following Note:
1
In items 1 and 2 the supply of a ship or, as the case may be, aircraft includes the supply of services under a charter of that ship or aircraft except where the services supplied under such a charter consist wholly of any one or more of the following:
a
transport of passengers,
b
accommodation,
c
entertainment,
d
education,
being services wholly performed in the United Kingdom.
.
10
After Note (2) there shall be inserted the following Note:
2A
Item 3 shall not apply unless, before the supply is made, the recipient of the supply gives to the person making the supply a certificate stating:
a
the name and address of the recipient,
b
that the supply is of a description specified in item 3 of this Group.
.
11
For Note (3) there shall be substituted the following Note:
3
“Lifeboat” means any vessel used or to be used solely for rescue or assistance at sea.
.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 1990


text:
1
This Order may be cited as the Patents Act 1977 (Isle of Man) (Variation) Order 1990 and shall come into force on 7th January 1991.
2
1
The Patents Act 1977 (Isle of Man) Order 1978 shall be varied in accordance with the following provisions of this article.
2
After article 3 there shall be inserted the following article:
4
The Patents Act 1977 shall, in its extension to the Isle of Man, be construed —
a
as if references to the Crown included the Crown in right of the Government of the Isle of Man;
b
as if references to a Government department included references to a Department of the Government of the Isle of Man, and in relation to such a Department as if references to the Treasury were references to the Treasury of the Isle of Man, and
c
for the purposes of any arbitration in pursuance thereof and of the application thereto of the Arbitration Act 1976 (an Act of Tynwald), as if it were an Act of Tynwald.
.
3
In the Schedule —
a
in paragraph 7, for the words from ““Companies Act 1948”” to the end there shall be substituted ““Companies Act 1985” insert “or the corresponding enactments in force in the Isle of Man””;
b
in paragraph 11(a), for the words ““Companies Act 1948” insert “or the Companies Act 1931 (Act of Tynwald)”” there shall be substituted ““Companies Act 1985” insert “or the corresponding enactments in force in the Isle of Man””, and
c
in paragraph 12 there shall be added at the end the following provision:
and after the definition of “employer” there shall be inserted the following definition:
“enactment” includes an Act of Tynwald
.
.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990.
2
These Regulations come into force on 27th June 1990. Definitions
2
In these Regulations —
“ 1973 Act ” means the Social Security Act 1973.
“ Taxes Act ” means the Income and Corporation Taxes Act 1988 .
Occupational pension schemes that qualify under section 69 of the 1973 Act
3
1
An occupational pension scheme qualifies under section 69 of the 1973 Act at any time when it satisfies the requirements of any of paragraphs (2) to (6) of this regulation.
2
This paragraph requires the scheme to be a superannuation fund to which exemption from income tax is allowed under section 608 of the Taxes Act.
3
This paragraph requires the scheme to be a superannuation fund to which the Inland Revenue give relief from income tax under section 614(5) of the Taxes Act.
4
This paragraph requires the scheme to be a trust scheme approved by the Inland Revenue for the purposes of section 620(5) of the Taxes Act.
5
This paragraph requires the scheme, or part of the scheme, to be a retirement benefits scheme approved by the Inland Revenue for the purposes of Chapter I of Part XIV of the Taxes Act. Where an application for approval of the scheme or part of the scheme has been made under section 604 of the Taxes Act, the scheme will be treated as satisfying the requirements of this paragraph for so long as the appliction is not withdrawn or refused and the Inland Revenue have not told the applicant that they believe the application has been dropped.
6
This paragraph requires the scheme to be a retirement benefits scheme and the Inland Revenue to be satisfied, under section 596(2)(b) of the Taxes Act, that the scheme corresponds to a scheme approved by the Inland Revenue for the purposes of Chapter I of Part XIV of that Act.
Personal pension schemes that qualify under section 69 of the 1973 Act
4
A personal pension scheme qualifies under section 69 of the 1973 Act of any time when it is approved by the Inland Revenue for the purposes of Chapter IV of Part XIV of the Taxes Act.Where an application for approval of the scheme has been made under section 631 of the Taxes Act, the scheme will be treated as satisfying the requirements of this regulation for so long as the application is not withdawn or refused and the Inland Revenue have not told the applicant that they believe the application has been dropped.
Schemes that cease to qualify under section 69 of the 1973 Act
5
An occupational pension scheme that ceases to be contracted-out or to satisfy the requirements of any of paragraphs (2) to (6) of regulation 3, and a personal pension scheme that ceases to be an appropriate scheme or to satisfy the requirements of regulation 4, will nevertheless be treated as continuing to qualify under section 69 of the 1973 Act for a further period of 2 years from the cesser, or for such longer period as the Occupational Pensions Board consider reasonable in the case of the particular scheme.
Revocation of the Occupational Pension Schemes (Perpetuities) Regulations 1973
6
The Occupational Pension Schemes (Perpetuities) Regulations 1973 and the Occupational Pension Schemes (Perpetuities) Amendment Regulations 1975 are revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th May 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Helens and Knowsley Hospital Services National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the St. Helens and Knowsley Hospital Services 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 St. Helens and Knowsley Hospital Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Whiston Hospital, Warrington Road, Whiston, Prescot L35 5DR and associated hospitals.
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 St. Helens and Knowsley 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 St. Helens and Knowsley 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 St. Helens and Knowsley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Industrial Training (Transfer of the Activities of Establishment) Order 1990 and shall come into force on 21st May 1990.
Transfer of establishment’s activities
2
The activities carried on at the establishment specified in column 1 of the Schedule to this Order, being an establishment of an employer in the industry of an industrial training board, shall instead of being included for the purposes of the 1982 Act in the industry of the industrial training board established by the industrial training order specified in column 2 of that Schedule, be included for those purposes in the industry of the industrial training board established by the industrial training order specified in column 3 of that Schedule.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
18th April 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 principal road as from the date on which this Order comes into force.
2
In this Order —
a
“the deposited plan”
means the plan numbered RSE A423/5/65/2/1, marked “The A423 Trunk Road (Sandford on Thames) 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;
b
“principal road”
as a classification for a new highway, means that the highway is a principal road for the purposes 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;
c
“the Trunk Road”
means the A423 Trunk Road.
3
This Order shall come into force on 1st October 1990 and may be cited as the A423 Trunk Road (Sandford on Thames) Detrunking Order 1990.
Signed by authority of the Secretary of State for Transport
D Gruffydd Jones
Regional Director South East Region
Department of Transport
14th August 1990


text:
Citation and commencement
1
This Order may be cited as the Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment (No. 2) Order 1990 and shall come into force on 15th April 1990.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ;
“the 1990 Order ” means the Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990;
“boundary map 1” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment (No. 2) Order 1990 Map 1” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment (No. 2) Order 1990 Map 2” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 3” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment (No. 2) Order 1990 Map 3” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 4” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment (No. 2) Order 1990 Map 4” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 4a” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment (No. 2) Order 1990 Map 4a” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Those parts of the City of Glasgow District, being the areas described in Part I of the Schedule to this Order, namely:–
a
the areas A, C and D which areas are shown delineated, hatched and marked “Area A”, “Area C” and “Area D” respectively on Boundary Map 1;
b
the areas E, G, H and K which areas are shown delineated, hatched and marked “Area E”, “Area G”, “Area H” and “Area K” respectively on Boundary Map 2; and
c
the area M which is shown delineated, hatched and marked “Area M” on Boundary Map 3;
shall all be transferred to Renfrew District.
2
Those parts of Renfrew District, being the areas described in Part II of the Schedule to this Order, namely–
a
the area B which area is shown delineated, hatched and marked “Area B” on Boundary Map 1;
b
the areas F and J which areas are delineated, hatched and marked “Area F” and “Area J” respectively on Boundary Map 2; and
c
the areas L and N which areas are delineated, hatched and marked “Area L” and “Area N” respectively on Boundary Map 3;
shall all be transferred to the City of Glasgow District.
3
Those parts of the City of Glasgow District, being the areas O and Q described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area O” on boundary map 4 and “Area Q” on boundary map 4a respectively, shall be transferred to Renfrew District.
4
Part of Renfrew District, being the area P described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area P” on boundary map 4a, shall be transferred to the City of Glasgow District.
5
Part of the City of Glasgow District, being the area S described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area S” on boundary map 4a, shall be transferred to Renfrew District.
Consequential changes of electoral arrangements
5
1
Each of the areas A, C, D, E, G, H, K and M described in Part I of the Schedule to this Order (being the areas transferred by article 4(1)(a) to (c) of this Order)–
a
shall cease to form part of electoral division 29 (Penilee/Cardonald) of Strathclyde Region and of ward 41 (Penilee) of the City of Glasgow District ; and
b
shall form part of electoral division 78 (Paisley Abercorn) of Strathclyde Region and of ward 20 (Ralston) of Renfrew District .
2
Each of the areas B, F, J, L and N described in Part II of the Schedule to this Order (being the areas transferred by article 4(2)(a) to (c) of this Order)–
a
shall cease to form part of electoral division 78 (Paisley Abercorn) of Strathclyde Region and of ward 20 (Ralston) of Renfrew District; and
b
shall form part of electoral division 29 (Penilee/Cardonald) of Strathclyde Region and of ward 41 (Penilee) of the City of Glasgow District.
3
Each of the areas O and Q described in Part I of the Schedule to this Order (being the areas transferred by article 4(3) of this Order) –
a
shall cease to form part of electoral division 31 (Crookston/Cowglen) of Strathclyde Region and of ward 46 (Cowglen) of the City of Glasgow District; and
b
shall form part of electoral division 77 (Paisley Central) of Strathclyde Region and of ward 13 (Hawkhead) of Renfrew District.
4
Area P described in Part II of the Schedule to this Order (being the area transferred by article 4(4) of this Order)–
a
shall cease to form part of electoral division 77 (Paisley Central) of Strathclyde Region and of ward 13 (Hawkhead) of Renfrew District; and
b
shall form part of electoral division 31 (Crookston/Cowglen) of Strathclyde Region and of ward 46 (Cowglen) of the City of Glasgow District.
5
Area S described in Part I of the Schedule to this Order (being the area transferred by article 4(5) of this Order)–
a
shall cease to form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 47 (South Nitshill) of the City of Glasgow District; and
b
shall form part of electoral division 77 (Paisley Central) of Strathclyde Region and of ward 13 (Hawkhead) of Renfrew District.
6
Area R shown delineated, cross-hatched and marked “Area R” on Boundary Map 4a and described in Part III of the Schedule to this Order–
a
shall cease to form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 47 (South Nitshill) of the City of Glasgow District; and
b
shall form part of electoral division 31 (Crookston/Cowglen) of Strathclyde Region and of ward 46 (Cowglen) of the City of Glasgow District.
Revocation
6
The 1990 Order is hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
6th April 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Miscellaneous Amendments and Repeal) Order 1990 and shall come into force on 19th July 1990.
Provisions amended
2
The provisions mentioned in the Schedule hereto are hereby amended as so mentioned.
Provision repealed
3
Section 30 of the Channel Tunnel Act 1987 is hereby repealed.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
21st June 1990


text:
Citation and Commencement
1
This Order may be cited as the Marine, & c, Broadcasting (Offences) (Prescribed Areas of the High Seas) Order 1990 and shall come into force on 1st January 1991.
Interpretation
2
In this Order–
“co-ordinates” means co-ordinates of latitude and longitude on European Datum (First Adjustment 1950); and
“nautical mile” means a nautical mile of 1,852 metres.
The prescribed areas of the high seas
3
The areas of the high seas prescribed for the purposes of section 2A of the Marine, & c, Broadcasting (Offences) Act 1967 shall be the areas described in the Schedule hereto.
John Redwood
Minister of State,
Department of Trade and Industry
8th December 1990


text:
1
The Secretary of State is authorised to provide along the route described in Schedule 1 hereto a special road for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of the special road is indicated by a heavy black line on the deposited plan.
3
The special road shall become a trunk road on the date when this Scheme comes into force.
4
The Secretary of State is also authorised to construct the bridge specified in Schedule 2 as part of the special road.
5
In this Scheme: —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan” means the plan numbered RSE/O/M20/4/01/24/7 marked “The M20 Motorway (Medway Bridge Section) Scheme 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the motorway” means the special road provided in pursuance of the Maidstone By-Pass Special Road Scheme 1958 ;
iii
“the special road” means the special road mentioned in article 1 of this Scheme.
6
This Scheme shall come into force on 14th December 1990 and may be cited as the M20 Motorway (Medway Bridge Section) Scheme 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
26th November 1990


text:
Citation and commencement
1
This Order may be cited as the Merseyside Development Corporation (Planning Functions) Order 1990 and shall come into force on 24th August 1990.
Interpretation
2
In this Order–
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the development area” means the area designated as an urban development area by the Merseyside Development Corporation (Area and Constitution) Order 1980 ; and
“the development corporation” means the Merseyside Development Corporation.
Planning functions of the development corporation
3
1
The development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1990 Act in relation to all kinds of development.
2
The development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1990 Act and the Listed Buildings Act specified in Part I of Schedule 29 to the 1980 Act.
Modifications of provisions of the 1990 Act and the Listed Buildings Act
4
All the provisions of the 1990 Act and the Listed Buildings Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with the modifications specified in that Part.
Revocation
5
The Merseyside Development Corporation (Planning Functions) Order 1981 is hereby revoked.
Chris Patten
Secretary of State for the Environment
30th July 1990


text:
1
The (A69) Carlisle–Sunderland Trunk Road (Derwenthaugh to Scotswood Road De-Trunking) Order 1986 (hereinafter referred to as “the principal order”) is amended as follows: —
a
in article 1 of the principal order, for the words “the Schedule to this Order”, are substituted the words “Schedule1 to this Order”;
b
the following article is added to the principal order —
1A
The length of the trunk road described in Schedule 1A to this Order shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the Councils of Gateshead Metropolitan Borough and Newcastle upon Tyne City that the works on Scotswood Bridge and Scotswood Bridge South Approach Viaduct are complete.
;
c
in article 2 of the principal order, for paragraph (1) (definition of “deposited plan”), is substituted the following paragraph —
i
“the deposited plan” means the plan numbered DN503808/T25/02 marked “The (A69) Carlisle–Sunderland Trunk Road (Derwenthaugh to Scotswood Road De-Trunking) Order 1986 Amendment 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;
;
d
1
for the words “THE SCHEDULE”, at the commencement of the Schedule to the principal order, are substituted the word and number “SCHEDULE 1”;
2
in that Schedule, for the words “to the junction of the trunk road with Scotswood Road (at the points marked E on the deposited plan)”, are substituted the words —
“to a point 10 metres south of the face of the south abutment of Scotswood Bridge South Approach Viaduct (which point is marked “F” on the deposited plan)”;
3
the Schedule to this Order (numbered 1A) is added to the principal order.
2
This Order shall come into force on the 27th November 1990 and may be cited as the (A69) Carlisle-Sunderland Trunk Road (Derwenthaugh to Scotswood Road De-Trunking) Order 1986 Amendment Order 1990.
Signed by authority of the Secretary of State for Transport
J. A. Owen
Regional Director Northern Region
Department of Transport
1st November 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable North (Dumbarton) Ltd) Order 1990 and shall come into force on 28th February 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
29th January 1990


text:
1
1
These Rules may be cited as the Merchant Shipping (Load Line) (Amendment) Rules 1990 and shall come into force on 27th November 1990.
2
The Merchant Shipping (Load Line) (Amendment) Rules 1980 are hereby revoked.
2
In the Merchant Shipping (Load Line) Rules 1968 (“the principal Rules”) for paragraph (5) of Rule 30 (information as to the stability of ships) there shall be substituted the following paragraph:
5
The information, and any fresh information to replace the same pursuant to paragraph (3) of this Rule, shall before issue to the master: —
a
if it relates to a ship which is —
i
an oil tanker over 100 metres in length,
ii
a bulk carrier, or an ore carrier, over 150 metres in length,
iii
a single deck bulk carrier over 100 metres but not exceeding 150 metres in length,
iv
a single deck dry cargo ship over 100 metres in length,
v
a purpose built container ship over 125 metres in length,
vi
a column stabilised mobile offshore drilling unit, or
vii
a column stabilised mobile offshore support unit,
be submitted in duplicate by or on behalf of the owner of the ship either to the Secretary of State or to the Assigning Authority which assigned freeboards to the ship for approval; or
b
if it relates to any other ship, be submitted in duplicate by or on behalf of the owner of the ship to the Secretary of State for approval.
The information shall incorporate such additions and amendments as the Secretary of State or the Assigning Authority to which it is submitted, as the case may be, may in any particular case specify for the purpose of ensuring that the information complies with the provisions of this Rule.
3
In Rule 33(1) of the principal Rules the following definitions shall be inserted in the appropriate alphabetical order:
“column stabilised” means, in relation to a unit, constructed with the main deck of the unit connected to its underwater hull or footings by columns or caissons;
“mobile offshore drilling unit” means a ship capable of engaging in drilling operations for the exploration or exploitation of resources beneath the sea bed such as liquid or gaseous hydrocarbons, sulphur or salt;
“mobile offshore support unit” means a ship used in connection with the offshore petroleum industry to provide ancillary services such, as accommodation, cranes or repair facilities.
Signed by authority of the Secretary of State for Transport
Lord Brabazon of Tara
Minister of State,
Department of Transport
26th October 1990


text:
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (England) (Amendment) Regulations 1990 and shall come into force on 20th November 1990.
2
Schedules 2, 3 and 4 to the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 are amended by substituting for the dates “1st January 1991” and “1st August 1991”, wherever they appear in relation to the defined activity of other cleaning, the dates “1st August 1991” and “1st January 1992” respectively.
Chris Patten
Secretary of State for the Environment
22nd October 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations, unless the context otherwise requires–
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986 ;
“adjudication officer” means an officer appointed in accordance with section 97(1) of the 1975 Act;
“appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;
“ Commissioner ” means the Chief or any other Social Security Commissioner appointed in accordance with section 97(3) of the 1975 Act or section 13(5) of the Social Security Act 1980 , and includes a Tribunal of 3 Commissioners constituted in accordance with section 116 of the 1975 Act;
“couple” means a married or unmarried couple;
“debtor” means a person against whom a liability order has been made;
“5 per cent. of the personal allowance for a single claimant aged not less than 25” and“5 per cent. of the personal allowance for a couple where both members are aged not less than 18” means, in each case, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent. to the next higher such multiple;
“income support” means income support within the meaning of the 1986 Act;
“liability order” means an order under regulation 29 of the Community Charges (Administration and Enforcement) Regulations 1989 ;
“married couple” has the meaning ascribed to it in section 20(11) of the 1986 Act;
“payments to third parties” means direct payments to third parties in accordance with Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 ;
“polygamous marriage” means a marriage to which section 22B of the Social Security Act 1986 refers ;
“single debtor” means a debtor who is not a member of a couple;
“tribunal”, except in relation to a Tribunal of 3 Commissioners, means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the 1975 Act; and
“unmarried couple” has the meaning ascribed to it in section 20(11) of the 1986 Act.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation and Schedule bearing that number in the Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.
Deductions from income support
2
1
Where a debtor is entitled to income support, an authority may apply to the Secretary of State by sending an application in respect of the debtor or, where a liability order is made against a couple, in respect of both of the couple, to an appropriate social security office asking the Secretary of State to deduct sums from any amount payable to the debtor, or as the case may be either of the couple by way of income support.
2
An application from an authority shall be in writing and shall contain the following particulars–
a
the name and address of the debtor or where the liability order is made against a couple, the names and address of both of them;
b
the name and place of the court which made the liability order;
c
the date when the liability order was made;
d
the total amount of the arrears specified in the liability order;
e
the total amount which the authority wishes to have deducted from income support.
3
Where it appears to the Secretary of State that an application from an authority gives insufficient particulars to enable the debtor to be identified he may require the authority to furnish such further particulars as may reasonably be required.
4
Subject to paragraph (5), where the Secretary of State receives an application from an authority, he shall refer it to an adjudication officer who shall determine the following questions–
a
whether there is sufficient entitlement to income support to enable the Secretary of State to make any deduction–
i
where a liability order is made against a single debtor, or a debtor who is a member of a couple, or a member of a polygamous marriage, at a rate of 5 per cent. of the personal allowance set out in Schedule 2 to the Income Support (General) Regulations 1987 , paragraph 1(1)(c) (single claimant aged not less than 25); or
ii
where a liability order is made against a couple and income support is payable in respect of both of them, at a rate of 5 per cent, of the personal allowance set out in Schedule 2 to the Income Support (General) Regulations 1987, paragraph 1(3)(c) (couple where both members are aged not less than 18),
and, if the amount payable by way of income support to the debtor were to be 10 pence or more after any such deduction, the adjudication officer shall determine that there is sufficient entitlement;
b
the priority of any sum to be deducted as against any payments to third parties where there is insufficient entitlement to income support to meet both the deduction in respect of arrears of community charges and those payments to third parties, and the following priorities shall apply–
i
any liability mentioned in paragraph 3 of Schedule 9 (housing costs) to the Social Security (Claims and Payments) Regulations 1987;
ii
any liability mentioned in paragraph 5 of Schedule 9 (service charges for fuel, and rent not falling within paragraph 2(1)(a)) to those Regulations;
iii
any liability mentioned in paragraph 6 of Schedule 9 (fuel costs) to those Regulations;
iv
any liability mentioned in paragraph 7 of Schedule 9 (water charges) to those Regulations;
v
any liability for arrears in respect of community charges,
and the adjudication officer shall determine these questions so far as is practical within 14 days of receipt of the reference.
5
Where at the time the Secretary of State is making deductions in respect of an application from an authority he receives one or more further applications from an authority in respect of the person from whom the deductions are being made, he shall refer those further applications to the adjudication officer in accordance with the following order of priority, namely, the one bearing the earliest date shall be referred first and each subsequent application shall be referred, one at a time and in date order, only after deductions under any earlier application have ceased.
6
Subject to any right of appeal or review under these Regulations, the decision of the adjudication officer shall be final.
Notification of decision
3
The Secretary of State shall notify the debtor in writing of the adjudication officer’s decision as soon as is practicable after he receives that decision and at the same time he shall notify the debtor of his right of appeal.
Circumstances, time of making and termination of deductions
4
1
The Secretary of State shall made deductions from income support only–
a
where the debtor is entitled to income support throughout any benefit week and the amount to which he is entitled is sufficient to enable him to make the deductions; and
b
in respect of one application at a time.
2
The Secretary of State shall make deductions from income support at a time which corresponds to the payment of income support to the debtor and he shall cease making deductions when–
a
a payment to a third party has priority;
b
there is insufficient entitlement to income support to enable him to make the deduction;
c
entitlement to income support ceases;
d
an authority withdraws its application for deductions to be made; or
e
the debt in respect of which he was making the deductions is discharged.
3
Payments shall be made to the authority at such intervals as the Secretary of State may decide.
Appeal
5
1
Where the adjudication officer has decided a question under regulation 2(4), the debtor may appeal to a tribunal.
2
Subject to paragraph (5), an appeal lies to a Commissioner from any decision of a tribunal on the grounds that the decision of that tribunal was erroneous in point of law and the persons who may appeal are the debtor and the adjudication officer.
3
If it appears to the Chief Commissioner or, in the case of his inability to act, to such other of the Commissioners, as he may have nominated to act for that purpose, that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone but by a Tribunal consisting of any 3 of the Commissioners and if the decision is not unanimous, the decision of the majority shall be the decision of the Tribunal.
4
Subject to paragraph (5), an appeal on a question of law lies to the Court of Appeal from any decision of a Commissioner on a question of law and the persons who may appeal are–
a
the debtor;
b
the adjudication officer; and
c
the Secretary of State.
5
No appeal lies–
a
to the Commissioner from a decision of a tribunal without the leave of the chairman of the tribunal which gave the decision or, if he refuses leave, without the leave of a Commissioner, or
b
to the Court of Appeal from a decision of a Commissioner, without the leave of the Commissioner who decided the case, or if he refuses, without the leave of the Court of Appeal.
6
Where in any case it is impracticable, or it would be likely to cause undue delay for an application for leave to appeal against a decision of a tribunal to be determined by the person who was the chairman of that tribunal, that application shall be determined by any other person qualified under section 97(2D) of the 1975 Act to act as a chairman of tribunals.
7
In a case where the Chief Commissioner considers that it is impracticable, or would be likely to cause undue delay, for an application for leave to appeal to the Court of Appeal to be determined by the Commissioner who decided the case, that application shall be determined–
a
where the decision was a decision of an individual Commissioner, by the Chief Commissioner or a Commissioner selected by the Chief Commissioner, and
b
where the decision was a decision of a Tribunal of Commissioners, by a differently constituted Tribunal of Commissioners selected by the Chief Commissioner.
8
If the office of Chief Commissioner is vacant, or if the Chief Commissioner is unable to act, paragraph (7) shall have effect as if the expression “the Chief Commissioner” referred to such other of the Commissioners as may have been nominated to act for the purpose either by the Chief Commissioner or, if he has not made such a nomination, by the Lord Chancellor.
Review
6
1
Any decision under these Regulations of an adjudication officer, a tribunal or a Commissioner may be reviewed at any time by an adjudication officer if–
a
the officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
b
there has been a relevant change of circumstances since the decision was given.
2
Any decision of an adjudication officer may be reviewed by an adjudication officer on the grounds that the decision was erroneous in point of law.
3
A question may be raised with a view to review under this regulation by means of an application in writing to an adjudication officer, stating the grounds of the application.
4
On receipt of any such application, the adjudication officer shall take it into consideration and, so far as is practicable, dispose of it within 14 days of its receipt.
5
A decision given by way of revision or a refusal to review under this regulation shall be subject to appeal in the same manner as an original decision and regulation 5(1) and Schedule 2 shall apply with the necessary modification in relation to a decision given on review as they apply to the original decision on a question.
Correction of accidental errors
7
1
Subject to regulation 9, accidental errors in any decision or record of a decision made under regulations 2(4), 5 and 6 and Schedule 2 may at any time be corrected by the person or tribunal by whom the decision was made or a person or tribunal of like status.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and written notice of it shall be given as soon as practicable to every party to the proceedings.
Setting aside decisions on certain grounds
8
1
Subject to regulation 9, on an application made by a party to the proceedings, a decision, made under regulations 2(4), 5, 6 and Schedule 2 by an adjudication officer, a tribunal or a Commissioner (“the adjudicating authority”), together with any determination given on an application for leave to appeal to a Commissioner or the Court of Appeal against such a decision may be set aside by the adjudicating authority which gave the decision or an authority of like status, in a case where it appears just to set that decision aside on the grounds that–
a
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by a party or their representative or was not received at the appropriate time by the person or tribunal who gave the decision;
b
in the case of an appeal to a tribunal or an oral hearing before a Commissioner a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing relating to the proceedings; or
c
the interests of justice so require.
2
An application under this regulation shall be made in accordance with regulation 10 and Schedule 1.
3
Where an application to set aside is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
4
Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
5
For the purpose of determining under these Regulations an application to set aside a decision, there shall be disregarded, but subject to any contrary intention, any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent to that person’s last known notified address.
Provisions common to regulations 7 and 8
9
1
In calculating any time specified in Schedule 1 there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 7 or on which notice is given that a determination of a decision shall not be set aside following an application under regulation 8, as the case may be.
2
There shall be no appeal against a correction made under regulation 7 or a refusal to make such a correction or against a determination under regulation 8.
3
Nothing in regulation 7 or 8 shall be construed as derogating from any inherent or other power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Manner of making applications or appeals and time limits
10
1
Any application or appeal set out in Column (1) of Schedule 1 shall be made or given by sending or delivering it to the appropriate office within the specified time.
2
In this regulation–
a
“appropriate office” means the office specified in Column (2) of Schedule 1 opposite the description of the relevant application or appeal listed in Column (1); and
b
“specified time” means the time specified in Column (3) of that Schedule opposite the description of the relevant application or appeal so listed.
3
The time specified by this regulation and Schedule 1 for the making of any application or appeal (except an application to the chairman of a tribunal for leave to appeal to a Commissioner) may be extended for special reasons, even though the time so specified may already have expired, and any application for an extension of time under this paragraph shall be made to and determined by the person to whom the application or appeal is sought to be made or, in the case of a tribunal, its chairman.
4
An application under paragraph (3) for an extension of time (except where it is made to a Commissioner) which has been refused may not be renewed.
5
Any application or appeal set out in Column (1) of Schedule 1 shall be in writing and shall contain:–
a
the name and address of the appellant or applicant;
b
the particulars of the grounds on which the appeal or application is to be made or given; and
c
his address for service of documents if it is different from that in sub-paragraph (a);
and in the case of an appeal to the Commissioner, but subject to paragraph 21(2) of Schedule 2, the notice of appeal shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.
6
Where it appears to an adjudication officer, or chairman of a tribunal, or Commissioner that an application or appeal which is made to him, or to the tribunal, gives insufficient particulars to enable the question at issue to be determined, he may require, and in the case of a Commissioner, direct that the person making the application or appeal shall furnish such further particulars as may reasonably be required.
7
The conduct and procedure in relation to any application or appeal shall be in accordance with Schedule 2.
Manner and time for the service of notices etc.
11
1
Any notice or other document required or authorised to be given or sent to any person under these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that party at his ordinary or last notified address.
2
Any notice or other document required or authorised to be given to an appropriate social security office or office of the clerk to a tribunal shall be treated as having been so given or sent on the day that it is received in the appropriate social security office or office of the clerk to the tribunal.
3
Any notice or document required to be given, sent or submitted to, or served on, a Commissioner–
a
shall be given, sent or submitted to an office of the Social Security Commissioners;
b
shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Social Security Commission ers.
Revocation
12
The Community Charges (Deductions from Income Support) Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for Social Security
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1990


text:
Title and commencement
1
This Order may be cited as the River Earn Catchment Area Protection Order 1990 and shall come into force on 30th January 1990.
Interpretation
2
In this Order–
“freshwater fish” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 ;
“the map” means the map marked “Area of the River Earn Catchment Area Protection Order 1990”, signed on behalf of the Secretary of State for Scotland and deposited in the office of the Department of Agriculture and Fisheries for Scotland, Pentland House, Robb’s Loan, Edinburgh.
Prohibition of fishing without legal right or written permission
3
Fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 hereof, without legal right or without written permission from a person having such a right, is hereby prohibited.
Prescribed area
4
The prescribed area shall consist of the part of the catchment area of the River Earn which lies within Tayside and Central Regions upstream of the Hilton Viaduct and is delineated by a continuous blue line on the map.
T. J. Kelly
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland,
Pentland House,
Edinburgh
15th January 1990


text:
1
These Regulations may be cited as the Immigration (Registration with Police) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
For regulation 10 of the Immigration (Registration with Police) Regulations 1972 there shall be substituted the following regulation–
10
1
Every registration officer shall issue certificates of registration to aliens of whom particulars are entered in the local register kept by him.
2
A certificate of registration shall be independent of, and shall not be included in, any other document.
3
An alien to whom a certificate of registration is issued shall pay to the registration officer concerned a fee of £36 except where the requirement to register is a condition of leave granted to an alien after an absence from the United Kingdom of a period of less than one year immediately following an earlier period of leave which was subject to the same condition.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
1st March 1990


text:
Title and commencement
1
This Order may be cited as the Sea Fish Industry Authority (Levy Powers) Order 1990 and shall come into force on the day after the day on which this Order is made.
Increase in maximum levy rates under section 4 of the Fisheries Act 1981
2
The rate per kilogram specified in subsections (3)(a) and (4) of section 4 of the Fisheries Act 1981 (levies) is hereby increased from “0.8p” to “2p”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd July 1990
David Hunt
Secretary of State for Wales
23rd July 1990
Peter Brooke
Secretary of State for Northern Ireland
1stAugust1990


text:
Citation and Commencement
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) (Exempt Transfer) Regulations 1990 and shall come into force on 3rd July 1990.
Interpretation
2
In these regulations:–
“the Bank” means the Bank of England;
“the CGO ” means the Central Gilts Office of the Bank;
“the CGO Service ” means the computer-based system established by the Bank and The International Stock Exchange to facilitate the transfer of gilt-edged securities; and “ CGO Service member ” means a person who is entitled under a contract with the Bank to use the CGO Service.
Exempt Transfers
3
Securities on registers kept by the Bank which have been issued, or which may from time to time be issued, by the Government of Finland or the Government of Gibraltar may be transferred by a CGO Service member through the medium of the CGO Service.
Kenneth Carlisle
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 1990


text:
1
The length of trunk road described in the Schedule to this Order and shown by a broken black line 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 Hertfordshire that the new trunk road is open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that 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 th Secretary of State and which does not specifically refer to their classification as principal roads;
2
ii
“the deposited plan” means the plan numbered HA10/2E/279 marked “The A41 London–Birmingham Trunk Road (East of Bourne End to South of Kings Langley) Detrunking Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
2
iii
“the new trunk road” means the trunk road which the Secretary of State is authorised to construct in pursuance of the A41 London–Birmingham Trunk Road (Kings Langley Bypass) Order 1985 and the A41 London–Birmingham Trunk Road (Kings Langley Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990 ;
2
iv
“the trunk road” means the London–Birmingham Trunk Road (A41).
3
This Order shall come into force on 16th March 1990 and may be cited as the A41 London–Birmingham Trunk Road (East of Bourne End to South of Kings Langley) Detrunking Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
15th February 1990


text:
1
This Order may be cited as the Gipsy Encampments (London Borough of Harrow) Order 1990 and shall come into force on 19th October 1990.
2
The area of the London Borough of Harrow is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Signed by authority of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of the Environment
19th September 1990


text:
Citation
1
This Order may be cited as the Anglian, Hartlepools and Mid Kent (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 May 1990


text:
Citation
1
This Order may be cited as the Companies Act 1989 (Commencement No. 2) Order 1990.
Provisions of the Companies Act 1989 commenced by this Order
2
In Part I of the Companies Act 1989, sections 1 and 15 shall come into force on 1st March 1990 for the purpose of inserting the new section 251 into Part VII of the Companies Act 1985 in place of the existing section 251, subject to the transitional and saving provisions set out in article 8 below.
3
The provisions of Part II of the Companies Act 1989 specified in the first column of the Schedule to this Order shall come into force on 1st March 1990 for the purposes specified in the second column thereof.
4
Insofar as they are not yet in force, the provisions of Part III of the Companies Act 1989 shall come into force on 21st February 1990:
a
except for sections 65(2)(g) and 75(3)(c) thereof to the extent that they refer to a body established by order under section 46 of that Act; and
b
except to the extent that sections 65(2), 75(3), 80, 81(2) and (5) and 87(4) thereof refer to Part VII of that Act.
5
In Part V of the Companies Act 1989 paragraphs 1, 8, 9, 12, 19 and 21 of Schedule 19, together with section 145 so far as it relates to those paragraphs, shall come into force on 1st March 1990.
6
In Part VI of the Companies Act 1989:
a
section 152 shall come into force on 1st March 1990;
b
sections 146 and 151 shall come into force on 1st April 1990; and
c
paragraphs 1, 13, 17, 21 and 26 of Schedule 20, together with section 153 so far as it relates to those paragraphs, shall come into force on 1st April 1990 .
7
In Part X of the Companies Act 1989:
a
section 208 shall come into force on 1st March 1990;
b
section 209 shall come into force on 21st February 1990;
c
section 210 shall come into force on 1st April 1990;
d
the repeals effected by Schedule 24 in or of sections 46(3) and 85 of the Fair Trading Act 1973 , sections 435, 440, 443, 446, 447, 449, 452 and 735A of the Companies Act 1985, section 21(2) of the Company Directors Disqualification Act 1986 , sections 94, 105, 179, 180, 198(1) and 199(1) of the Financial Services Act 1986 and section 84(1) of the Banking Act 1987 , together with section 212 so far as relating to those repeals, shall come into force on, in the case of the repeals in the Companies Act 1985, Financial Services Act 1986 and Banking Act 1987, 21st February 1990, in the case of the repeal in the Company Directors Disqualification Act 1986, 1st March 1990, and in the case of the repeals in the Fair Trading Act 1973, 1st April 1990; and
e
sections 213 to 215 shall come into force on 2nd February 1990, insofar as they are not already in force.
Transitional provisions relating to section 15
8
1
In this article, “the unamended Part VII” means Part VII of the Companies Act 1985 prior to its amendment by the provisions of Part I of the Companies Act 1989 (except for the insertion of the new section 251 as a result of article 2 of this Order) and “a company’s accounts” means the documents referred to in section 239 of the unamended Part VII.
2
The new section 251 inserted by section 15 of the Companies Act 1989 shall apply with respect to a financial year for which a company’s accounts are prepared under the provisions of the unamended Part VII as if:
a
the references in sub-sections (1) and (2) thereof to section 238(1) were references to section 240(1) of the unamended Part VII;
b
the references therein to the company’s annual accounts were references to the documents referred to in section 239(a) and (d) of the unamended Part VII;
c
the reference in sub-section 4(d) thereof to section 237(3) was a reference to section 237(4) of the unamended Part VII; and
d
the reference in sub-section (7) thereof to section 240 was a reference to section 255 of the unamended Part VII.
3
The repeal of the existing section 251 of the Companies Act 1985 by sections 1 and 15 of the Companies Act 1989 shall not affect the continued operation of any regulations previously made thereunder .
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
31st January 1990