text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Levying Bodies (General) Regulations 1990 and shall come into force on 24th January 1990.
2
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988;
“levying body” means a levying body (as defined in section 74(1) of the 1988 Act) to which these Regulations apply by virtue of regulation 2 below;
“relevant Act”, in relation to a levying body, means the Act or statutory instrument by which a relevant precepting power is conferred on that body;
“relevant authority”, in relation to a levying body, means a county council or charging authority in respect of which a relevant precepting power would have been exercisable; and
“relevant precepting power”, in relation to a levying body, means any power under any enactment which that body would have, apart from section 117 of the 1988 Act, in respect of the financial year beginning in 1990 to issue a precept to, make a levy on, or have its expenses paid by a county council or a charging authority.
Application
2
These Regulations apply to any levying body (as defined in section 74(1) of the 1988 Act) in respect of which provision is not otherwise made by regulations made (before or after these Regulations) under section 74 of the 1988 Act.
Power to issue levies
3
1
A levying body may issue to a relevant authority in accordance with these Regulations a levy in respect of any chargeable financial year to meet the expenditure of the levying body in respect of which a relevant precepting power would have been exerciseable.
2
When issuing a levy, a levying body must notify the relevant authority whether it or any portion of it relates only to a part of the authority’s area and, if it does, which part.
Issue of levies
4
1
In this regulation, subject to paragraph (3) below, “the relevant date” means 15th February in the financial year preceding that in respect of which a levy is issued.
2
A levy must be issued before the relevant date, but it is not invalid merely because it is issued on or after that date.
3
Where the relevant Act would, apart from section 117 of the 1988 Act, require the levying body to issue a precept, make a levy or provide an estimate of its expenditure to be paid, before a date which is earlier than the relevant date, that earlier date shall be the relevant date for the purposes of paragraph (2) above.
4
Paragraph (3) does not apply —
a
to a levy issued in respect of the financial year beginning in 1990, or
b
to levies for amounts which regulation 6 requires to be borne in the relevant proportion.
5
This regulation does not apply to a substituted levy issued in accordance with regulation 8 below.
Maximum amount of levies
5
1
Where a relevant precepting power is subject to a limit (“the relevant limit”) imposed by or under the relevant Act on the whole or part of the amount for which the levying body may issue a precept to, make a levy on, or seek payment from the relevant authority, the whole or such part of the amount of a levy issued by the body under these Regulations by reference to that power shall be subject to the relevant limit.
2
Where the relevant limit is expressed in terms of the product of a rate of a specified amount in relation to a financial year —
a
for the purposes of a levy issued in respect of the financial year beginning in 1990, the product of a rate of that amount for an area shall be taken to be the product taken into account for the purposes of determining the relevant limit in respect of the financial year beginning in 1989; and
b
for the purposes of a levy issued in respect of any subsequent financial year, the product of a rate of that amount for that area shall be taken to be the amount ascertained in accordance with sub-paragraph (a) above, increased or decreased in proportion to the difference between the retail prices index for September of the financial year preceding that in respect of which the levy is issued and the retail prices index for September 1989.
3
References in paragraph (2)(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment
6
1
This regulation applies where the relevant Act provides for the amount of precepts, levies or expenses of a levying body to be borne by more than one relevant authority.
2
Subject to paragraphs (3) and (4) below, where the relevant Act provides for the manner in which the amounts of precepts, levies or expenses are to be apportioned between the relevant authorites, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the relevant authorities in accordance with that provision.
3
Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the relevant authorities in such proportion as those authorities may agree, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the relevant authorities in that agreed proportion or, if no proportion is agreed, in the relevant proportion.
4
Where the relevant Act provides for the amounts of precepts, levies or expenses to be borne by the relevant authorities in a proportion calculated by reference to population, or the product of a rate, a rateable value or any other factor connected with rating, the levying body shall secure that the expenses to be met by levies issued by it under these Regulations by reference to that Act are borne by the relevant authorities in the relevant proportion.
5
For the purposes of this regulation, the relevant proportion shall be determined by reference to the relevant population for the year in respect of which the levy is issued of the area of each relevant authority or, as the case may be, the part of that area in respect of which the levy is issued.
6
For the purposes of this regulation and regulation 7 below, the relevant population for a financial year of an area is —
a
for the whole of an English charging authority’s area, the relevant population of the area for the year calculated by the Secretary of State under paragraph 4 of Schedule 12A to the 1988 Act ,
b
for the whole of a Welsh charging authority’s area, the relevant population of the area for the year calculated in accordance with the rules for the time being effective (as regards the year) under regulations under paragraph 5(1) of Schedule 12A to the 1988 Act,
c
for the whole of the area of a county, the total of the relevant population for the year, calculated as above, of the charging authority areas falling within that county,
d
for part of a charging authority’s area, the relevant population of that part for the year calculated in accordance with the rules for the time being effective (as regards the year) under regulations under paragraph 6(2) of Schedule 12A to the 1988 Act,
e
for part of the area of a county, the total of the relevant population for the year, calculated as above, of the charging authority areas and, where appropriate, the parts of charging authority areas, falling within that part of that county,
and regulations referred to in sub-paragraphs (b) and (d) above shall have effect for the purposes of this regulation as they have effect for the purposes of section 69 of the 1988 Act ; but with the substitution for references to that section of references to these Regulations.
Notification of relevant population
7
1
This regulation applies where the expenses to be met by levies are required by regulation 6 above to be borne in the relevant proportion, and for the purposes of this regulation, a notifying authority, in relation to a levying body, is a charging authority —
a
which is a relevant authority, or
b
to which a county council which is a relevant authority has power to issue a precept.
2
An English notifying authority shall, within 3 working days after the relevant population of its area for a year has been communicated to it under paragraph 4(4)(a) of Schedule 12A to the 1988 Act, inform the levying body of the relevant population so communicated.
3
A Welsh notifying authority shall, within 3 working days after the relevant population of its area for a year has been calculated in accordance with paragraph 5 of Schedule 12A to the 1988 Act, inform the levying body of the relevant population so calculated.
4
A notifying authority in respect of part of whose area a levy may be issued shall, as soon as is reasonably practicable after the relevant population of its area for a year has been communicated or calculated as above, calculate the relevant population of the part for that year in accordance with the rules referred to in regulation 6(6)(d) above, and shall inform the levying body of the relevant population so calculated within 3 working days thereafter.
Substituted levies
8
1
Subject to the following provisions of this regulation, a levying body which has issued a levy for a financial year under these Regulations (originally or by way of substitute) may issue a levy in substitution.
2
A levying body shall not have power to issue a substituted levy unless, in exercise of its relevant precepting power, it could have issued a substituted precept to, made a substituted levy on, or required a substituted amount to be paid in respect of expenses by the relevant authority.
3
No levy may be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted, except as provided by paragraph (4) below.
4
The amount of any levy issued in substitution (“the new levy”) may be greater than the amount of that for which it is substituted (“the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of regulation 6 (apportionment), but only so far as the new levy is required to be increased to effect a proper apportionment.
5
Where a levying body issues a new levy anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
6
But if the amount of the old levy exceeds that of the new levy, the following shall apply as regards anything paid if it would not have been paid had the amount of the old levy been the same as that of the new levy —
a
it shall be repaid if the relevant authority by whom it was paid so requires;
b
in any other case it shall (as the levying body determines) either be repaid or be credited against any subsequent liability of the relevant authority in respect of any levy issued by the levying body.
Payment of levies
9
1
Where the relevant Act makes provision as to the payment (in instalments or otherwise) of the amount of the precept, levy or expenses to which the relevant precepting power applies, the amount of any levy issued under these Regulations by reference to that power shall be paid by the relevant authority in accordance with that provision.
2
In any other case, the amount of a levy issued under these Regulations shall be paid in full by the relevant authority in the financial year in respect of which the levy is issued, at such time and in such instalments (if any) as may be agreed between the levying body and the relevant authority or, in default of such agreement, in 5 equal instalments, payable respectively by the end of April, June, August, October and December in that financial year, provided however that no instalment shall be payable until 30 days after the levy is issued.
3
References in this regulation to payment of a levy are references to the payment of a levy after the deduction of any amount credited against the liability of the relevant authority in respect of that levy in accordance with regulation 8(6)(b) above.
Interest on unpaid levies
10
1
Where the relevant Act makes provision as to the payment of interest on any amount of a precept, levy or expenses to which the relevant precepting power applies which is not paid by the due date for payment, the relevant authority shall be liable to pay to the levying body interest in accordance with that provision on the amount of a levy issued under these Regulations by reference to that power which remains unpaid after the due date for payment.
2
Where the relevant Act makes such provision as is mentioned in paragraph (1) above, but does not prescribe the rate of interest payable, interest payable under paragraph (1) shall be simple interest calculated from day to day on the unpaid amount from the due date for payment until the date when payment is made at a rate equivalent to 2 per cent above the base rate quoted from time to time by the Committee of London and Scottish Bankers or, where there is for the time being more than one such rate, the highest of them.
Anticipation of levies: charging authorities
11
1
In this regulation —
a
“relevant charging authority” means a relevant authority which is a charging authority, and
b
in relation to a relevant charging authority, “relevant levying body” means a levying body with power under these Regulations to issue a levy to that authority.
2
Paragraphs (3) to (6) below apply where —
a
at the time when a relevant charging authority makes its calculations under section 95 of the 1988 Act for a financial year, a relevant levying body has not issued a levy to it in respect of that year; and
b
that relevant levying body has, in respect of the previous financial year, issued a levy or a precept to, made a levy on, or had its expenses paid by the relevant charging authority.
3
A relevant charging authority may, in estimating its expenditure under section 95(2)(a) of the 1988 Act, take into account its estimate of the amount of the levy that it anticipates will be issued to it by the relevant levying body.
4
If the relevant charging authority makes calculations for the year in substitution under section 96 of the 1988 Act at a time when a levy in respect of that year has not been issued to it by the relevant levying body, and an amount was taken into account under paragraph (3) above, the relevant charging authority shall, in estimating its expenditure under section 95(2)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the relevant levying body issues no levy to the relevant charging authority in respect of the year, the fact that an amount has been taken into account under paragraph (3) above does not make the relevant charging authority liable to pay anything to the relevant levying body.
6
Section 33(4)(a) of the 1988 Act shall apply in relation to a levy anticipated under this regulation as it applies in relation to a levy which is issued.
Anticipation of levies: county councils
12
1
In this regulation —
a
“relevant precepting authority” means a relevant authority which is a county council, and
b
in relation to a relevant precepting authority, “relevant levying body” means a levying body with power under these Regulations to issue a levy to that authority.
2
Paragraphs (3) to (6) below apply where —
a
at the time when a relevant precepting authority estimates its expenditure under section 68(4)(a) of the 1988 Act for a financial year, a relevant levying body has not issued a levy to it in respect of that year, and
b
that relevant levying body has, in respect of the previous financial year, issued a levy or a precept to, made a levy on or had its expenses paid by the relevant precepting authority.
3
A relevant precepting authority may, in estimating its expenditure under section 68(4)(a) of the 1988 Act, take into account its estimate of the amount of the levy that it anticipates will be issued to it by the relevant levying body.
4
If the relevant precepting authority issues a precept for the year in substitution under section 71 of the 1988 Act at a time when a levy in respect of that year has not been issued to it by the relevant levying body, and an amount was taken into account under paragraph (3) above, the relevant precepting authority shall, in estimating its expenditure under section 68(4)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the relevant levying body issues no levy to the relevant precepting authority in respect of the year, the fact that an amount has been taken into account under paragraph (3) above does not make the relevant precepting authority liable to pay anything to the relevant levying body.
6
Section 70(2)(b) of the 1988 Act shall apply in relation to a levy anticipated under this regulation as it applies in relation to a levy which is issued.
Application of section 117 of the 1988 Act
13
Section 117 of the 1988 Act (rates and precepts: abolition) shall not have effect in relation to the power of any body to have its expenses paid by a charging authority conferred by any of the following orders —
a
the Local Government Reorganisation (Debt Administration) (Greater Man-chester) Order 1986 ,
b
the Local Government Reorganisation (Debt Administration) (Merseyside) Order 1988 ,
c
the Local Government Reorganisation (Debt Administration) (South York-shire) Order 1986 ,
d
the Local Government Reorganisation (Debt Administration) (Tyne and Wear) Order 1986 ,
e
the Local Government Reorganisation (Debt Administration) (West Midlands) Order 1986 ,
f
the Local Government Reorganisation (Debt Administration) (West Yorkshire) Order 1986 .
Peter Walker
Secretary of State for Wales
22nd January 1990
Chris Patten
Secretary of State for the Environment
22nd January 1990


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (Cash Accounting) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
The Value Added Tax (Cash Accounting) Regulations 1987 shall be amended in accordance with the following provisions of these Regulations.
3
For sub-paragraph (b) of regulation 4(1) there shall be substituted the following —
b
he has made all returns which he is required to make, and has —
i
paid to the Commissioners all such sums shown as due on those returns and on any assessments made either under Schedule 7 to the Act or under section 21 of the Finance Act 1985 ; or
ii
agreed an arrangement with the Commissioners, where the outstanding amount of such sums as are referred to in (i) above does not exceed £1,000, for such amount as is outstanding to be paid in instalments over a specified period; and
.
4
In regulation 6 —
a
in paragraph (2), for the words from “shall” to “years” there shall be substituted the words “may, subject to the provisions of regulation 10 of these Regulations, remain in the scheme”;
b
in sub-paragraph (b) of paragraph (2), between the words “next” and “accounting” there shall be inserted the word “prescribed”; and
c
after paragraph (2) there shall be inserted the following —
3
An authorised person may withdraw from the scheme where —
i
he derives no benefit from remaining in the scheme, or
ii
he is unable, by reason of his accounting system, to comply with the requirements of the scheme,
and following written notification of that fact by him to the Commissioners they shall terminate his authorisation at the end of the prescribed accounting period in which such notification is recieved by them.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
2nd March 1990


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment No. 2 Regulations 1990 and shall come into force on 1st September 1990 immediately after the Income-Related Benefits Amendment Regulations 1990 .
Amendment of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988
2
1
The National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 2(1) (interpretation) , for the definition of “partner” there shall be substituted the following definition —
“partner” means where a claimant —
is a member of a married or an unmarried couple, the other member of that couple;
is married polygamously to two or more members of his household, any such member;
.
3
In Table A in Part I of Schedule 1 (calculation of resources) after the entry “regulations 54 to 60” there shall be inserted the following —
regulation 66A
As if in paragraph (2) for the words “and from the weekly amount” there were substituted the words “ and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount”.
As if after paragraph (2) there were inserted the following paragraphs —
2A
This paragraph applies to a student whose applicable amount includes any premium specified in Parts II and III of Schedule 2.
2B
This paragraph applies where the claimant is a student to whom paragraph 7B of Schedule 1 to the Income Support (General) Regulations 1987 applies.
2C
This paragraph applies where the student is a partner of a claimant and the claimant is not also a student.
.
As if in paragraph (3) for the reference “(1) and (2)” there were substituted the reference “(1) to (2C)”.
4
In Table B in Part II of Schedule 1 (calculation of requirements), in the entry in column (2) corresponding to the entry “Schedule 2” the words “as if head (c) of sub-paragraphs (1) and (2) were omitted in columns (1) and (2) of that Table;” shall be omitted.
Signed by the authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
9th August 1990


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 1990 and shall come into force on 24th May 1990.
2
A safety zone is hereby established around each of the installations specified in Column 2 of the Schedule hereto (being installations stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects each installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified with respect to the installation in Columns 3 and 4 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
27th April 1990


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) (Amendment) Regulations 1990 and shall come into force on 11th July 1990.
2
In these Regulations “the principal Regulations ” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1979 .
Amendment of the principal Regulations
2
1
The definition of “test” in regulation 2(1) of the principal Regulations shall be omitted.
2
In regulation 2(1) of the principal Regulations, in the definition of “tractor” and “tractor component”, for “the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1979” there shall be substituted “the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988” .
3
In regulation 2(2) of the principal Regulations, for “1979” there shall be substituted “1988”.
3
There shall be inserted after regulation 3 of the principal Regulations the following regulations–
3A
Subject to the provisions of these Regulations, where a tractor or tractor component is submitted by one applicant for there to be carried out on such tractor or tractor component either of the tests identified by fee numbers 17 and 23 in column 1 of Part B of Schedule 1 to these Regulations, the fee to be paid for each such test shall be–
a
where the test is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of–
i
the amount specified as the First Item in Part A of Schedule 1, and
ii
the amount specified in relation to that test in column 4 of Part B of Schedule 1; or
b
where the test is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of–
i
the amount specified as the Second Item in Part A of Schedule 1, and
ii
the amount specified in relation to that test in column 5 of Part B of Schedule 1.
Fees for tests — reduced scale
3B
Where a tractor or tractor component is submitted by one applicant for there to be carried out on such tractor or tractor component a series of not more than four tests for each of which the fee number in column 1 of Part B of Schedule 1 to these Regulations is marked with an asterisk, the fee to be paid for that series of tests shall be–
a
where the test is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the amount specified as the First Item in Part A of Schedule 1 only, or
b
where the test is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the amount specified as the Second Item in Part A of Schedule 1 only.
.
4
For Schedules 1 and 2 to the principal Regulations there shall be substituted the provisions of the Schedule to these Regulations.
Revocation
5
The Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) (Amendment) Regulations 1985 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th June 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Secretary of State for Scotland
8th June 1990
David Hunt
Secretary of State for Wales
11th June 1990
We consent to the making of these Regulations.
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until,
in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order: —
i
“the deposited plan”
means the plan numbered HA 10/2 WM 143 marked “The M5 Birmingham Exeter Motor-way (Warndon Junction 6) Line 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;
ii
“the new trunk road”
means the highway mentioned in article 1 of this order;
iii
“the trunk road”
means the Worcester — south of Stafford Trunk Road (A449).
5
This Order shall come into force on 31st August 1990 and may be cited as the M5 Birmingham-Exeter Motorway (Warndon Junction 6) Line Order 1990.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midland Region
Department of Transport
15th August 1990


text:
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1990 and shall come into force on 21st August 1990.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations —
a
a reference to the principal Regulations is a reference to the Education (Grants) (Music and Ballet Schools) Regulations 1989 ; and
b
a reference to the Aided Pupil Scheme is a reference to the scheme described in Schedule 1 to the principal Regulations,
and the amendments to the Aided Pupil Scheme contained in these Regulations shall be made to Schedule 1 to the principal Regulations.
2
In the principal Regulations after Part II (grant) there shall be inserted the following Part —
PART IIA
GRANT TO THE ROYAL BALLET SCHOOL FOR THE PROVISION OF BALLET DANCING IN THE UPPER DIVISION
Grant to the Royal Ballet School
8A
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Royal Ballet School in respect of their expenditure, incurred or to be incurred, in providing education in ballet dancing for pupils in the Upper Division thereof.
Conditions of residence applicable to grant
8B
1
Payment of such grant shall be made only in respect of the provision of education in ballet dancing to pupils in the Upper Division of the Royal Ballet School who meet the conditions of residence set out in paragraph 2 of Schedule 1 to these Regulations, as modified by paragraph (2) below (“qualifying pupils”).
2
For the purposes of this Regulation, sub-paragraph (1)(a) of and the references to “the relevant date” in paragraph 2 of Schedule 1 shall be read as referring to 1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins, and the reference in sub-paragraph (1)(b) to “the relevant two year period” as referring to the period of two years preceding that date.
Amount of grant
8C
1
The amount of grant payable by the Secretary of State under this Part in respect of any schoolyear shall, subject to paragraph (2), be such an amount as he may determine after consultation with the Royal Ballet School.
2
In determining the amount of grant payable to the Royal Ballet School under this Part, the Secretary of State shall have regard in particular to —
a
the amount of fees or charges received or to be received by the Royal Ballet School in respect of the provision of education in ballet dancing for qualifying pupils for the school year in respect of which grant is to be paid under this Part; and
b
the amount of grant received or to be received by the Royal Ballet School for that school year under the Scheme referred to in Part II above to take account of fees and charges remitted by the School pursuant to the Scheme.
.
3
In sub-paragraph (2) of paragraph 13 of the Aided Pupil Scheme (remission of fees-boarding pupils) for the sum £6,529 there shall be substituted the sum £7,059 and for the Table in sub-paragraph (3) of paragraph 13 there shall be substituted the following Table —
Table
(1) (2) (3) Part of the relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £6,910 but does not exceed £8,722 10% 7.5% That part (if any) which exceeds £8,722 but does not exceed £12,256 20% 15% That part (if any) which exceeds £12,256 10% 7.5%
4
In sub-paragraphs (2) and (3) of paragraph 14 of the Aided Pupil Scheme (remission of fees — day pupils) for the sums “£8,203” and “£8,054” there shall be substituted the sums “£8,871” and “£8,722” respectively.
5
For sub-paragraphs (3) and (4) of paragraphs 17 of the Aided Pupil Scheme (uniform grants) there shall be substituted the following sub-paragraphs —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £9,151 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed –
a
£140, where the relevant income does not exceed £8,034;
b
£105, where that income exceeds £8,034 but does not exceed £8,407;
c
£69, where that income exceeds £8,407 but does not exceed £8,769;
d
£35, where that income exceeds £8,769 but does not exceed £9,151:
Provided that any uniform grant which would fall to be paid in pursuance of this sub-paragraph in an aided pupil’s first year at the school may be paid during the period commencing on 21st August 1990 and ending when that year begins.
4
Except where sub-paragraphs (3) applies, uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £8,769 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£52, where the relevant income does not exceed £8,234;
b
£26, where that income exceeds £8,234 but does not exceed £8,769.
.
6
In sub-paragraph (1) of paragraph 23 of the Aided Pupil Scheme (school travel grants) for the sums “£7,595” and “£7,416” there shall be substituted the sums “£8,213” and “£8,034” respectively.
7
In paragraph 3 of the Appendix to the Aided Pupil Scheme (computation of income) —
a
at the end of sub-paragraph (k) the word “or” shall be deleted;
b
at the end of sub-paragraph (l) the word “or” shall be inserted;
c
after sub-paragraph (l) there shall be inserted the following sub-paragraph —
m
in pursuance of section 54 of the Finance Act 1989 (relief for medical insurance),
.
John MacGregor
Secretary of State for Education and Science
26th July 1990


text:
1
This Order may be cited as the Petty Sessional Divisions (Bedfordshire) Order 1990 and shall come into force on 1st August 1990.
2
The petty sessional division of North Bedfordshire shall cease to be so named and shall henceforth be known as the petty sessional division of Bedford.
David Waddington
One of Her Majesty’s Principal Secretaries of State, Home Office
18th June 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government (Assistants for Political Groups) (Remuneration) Order 1990 and shall come into force on 4th September 1990.
Relevant amount
2
The amount specified for the purposes of section 9(3) of the Local Government and Housing Act 1989 is £21,468.
Chris Patten
Secretary of State for the Environment
1st August 1990
Ian Lang
Minister of State, Scottish Office
3rd August 1990
David Hunt
Secretary of State for Wales
7th August 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Peterborough Cablevision Ltd) Order 1990 and shall come into force on 24th May 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
20th April 1990


text:
1
This Order may be cited as the Financial Services Act 1986 (Investment Advertisements) (Exemptions) Order 1990 and shall come into force on 11th January 1990.
2
Section 57 of the Financial Services Act 1986 shall not apply in respect of any advertisement issued or caused to be issued by any person for the purpose of enabling any injustice stated by the Parliamentary Commissioner for Administration in a report under section 10 of the Parliamentary Commissioner Act 1967 to have occurred, to be remedied with respect to the person to whom the advertisement is issued.
John Redwood
Parliamentary Under Secretary of State,
Department of Trade and Industry
10th January 1990


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Governing Bodies of Institutions of Higher and Further Education) Regulations 1990 and shall come into force on 1st April 1990.
Interpretation
2
In these Regulations —
“further education” has the meaning assigned to it by section 41 of the Education Act 1944 ;
“higher education” is to be construed in accordance with section 120(1) of the Education Reform Act 1988 ;
“relevant institution” means an institution which is maintained by a local education authority and which provides higher education or further education (or both);
“student governor” means a person elected by, or chosen to represent, students of a relevant institution of which he is a student as a member of the governing body thereof; and
“governors' training course” means a course provided for members of the governing bodies of relevant institutions for the purpose of training them in their duties as governors.
Revocation of earlier Regulatations
3
The Education (Governing Bodies of Institutions of Further Education) Regulations 1987 are hereby revoked.
Publication of minutes and papers.
4
1
Subject to paragraph (2) below, a copy of —
a
the agenda for every meeting of the governing body of a relevant institution;
b
the draft minutes of every such meeting if they have been approved by the chairman of the meeting;
c
the signed minutes of every such meeting; and
d
any report, document or other paper considered at any such meeting;
shall, in each case as soon as may be, be made available at the institution by the governing body to any person wishing to inspect them.
2
There may be excluded from any item required to be made available in pursuance of paragraph (1) above, any material relating to —
a
a named teacher or other person employed at or proposed to be employed at the institution;
b
a named student at, or candidate for admission to, the institution; and
c
any matter which, by reason of its nature, the governing body are satisfied should be dealt with on a confidential basis.
Restrictions on participation of certain governors in proceedings of governing bodies
5
1
Subject to paragraph (5) below, this regulation shall have effect for the purpose of prescribing restrictions on the participation of members of the governing body of a relevant institution who are attending courses at that institution as students, in the proceedings of the governing body of that institution.
2
A student governor who is present at a meeting of the governing body of the relevant institution shall not, if he is under the age of eighteen, vote on any question concerning any proposal —
a
for the expenditure of money by the governing body; or
b
under which the governing body, or any members of the governing body, would enter into any contract, or would incur any debt or liability (whether immediate, contingent or otherwise).
3
Any governor such as is mentioned in paragraph (4) below and who is present at a meeting of the governing body of the relevant institution at which the subject of discussion is the appointment, remuneration, conditions of service, promotion, suspension, dismissal or retirement of a member or prospective member of the staff of the institution shall —
a
where the instrument of government for the institution contains a provision requiring such a governor, in the circumstances mentioned in this paragraph, to withdraw from the meeting if any one member of the governing body present at the meeting so requires, and a member present at the meeting does so require, withdraw from the meeting;
b
where the instrument of government for the institution contains the provision mentioned in sub-paragraph (a) above but no member of the governing body present at the meeting requires the withdrawal of such governors therefrom, take no part in the consideration or discussion of the matter in question and not vote on any question with respect to the matter; and
c
where the instrument of government for the institution does not contain the provision mentioned in paragraph (a) above, withdraw from the meeting.
4
The governors referred to in paragraph (3) above are —
a
student governors; and
b
any other governor who is enrolled on a course or courses (other than a governors' training course) which would involve him attending, over a period of at least 12 months, more than an average of six hours a week (excluding for the purpose of calculating that average periods of vacation) at the institution of which he is a governor.
5
The instrument of government for a relevant institution may contain provisions specifying restrictions on the participation of student governors in the proceedings of the governing body of the institution additional to those imposed by paragraphs (2) to (4) above.
John MacGregor
Secretary of State for Education and Science
8th March 1990
Peter Walker
Secretary of State for Wales
8th March 1990


text:
1
1
This Order may be cited as the Standard Community Charge and Non-Domestic Rating (Definition of Domestic Property) Order 1990 and shall come into force on 2nd March 1990.
2
In this Order “ the Act ” means the Local Government Finance Act 1988.
2
1
Section 4 of the Act shall be amended as follows.
2
In subsection (4) there shall be inserted at the beginning–
Subject to subsections (5) and (5B) below,
.
3
For subsection (5) there shall be substituted–
5
A building or self-contained part of a building is not domestic property if it is wholly or mainly used in the course of a business for the provision of short-stay accommodation, that is to say accommodation–
a
which is provided for short periods to individuals whose sole or main residence is elsewhere, and
b
which is not self-contained self-catering accommodation provided commercially.
5A
Subsection (5) above does not apply if–
a
it is intended that, in the year beginning with the end of the day in relation to which the question is being considered, the property will be available for the provision of short-stay accommodation for short periods totalling less than 100 days, and
b
the person intending to provide such accommodation also intends to reside in the building throughout any period during which accommodation is intended to be provided.
5B
A building or self-contained part of a building is not domestic property if–
a
the relevant person intends that, in the year beginning with the end of the day in relation to which the question is being considered, the whole of the building or self-contained part will be available for letting commercially, as self-catering accommodation, for periods totalling 140 days or more; and
b
on that day his interest in the building or part is such as to enable him so to let it for such periods.
5C
For the purposes of subsection (5B) above the relevant person is–
a
where the property in question is a building and is not subject as a whole to a relevant leasehold interest, the person having the freehold interest in the whole of the building; and
b
in any other case, any person having a relevant leasehold interest in the building or self-contained part which is not subject (as a whole) to a single relevant leasehold interest inferior to his interest.
.
4
The following subsection shall be inserted after subsection (6)–
6A
In this section– “business” includes–
a
any activity carried on by a body of persons, whether corporate or unincorporate, and
b
any activity carried on by an institution or other organisation established for charitable purposes only or any persons administering a trust established for charitable purposes only; and “commercially” means on a commercial basis, and with a view to the realisation of profits.
.
3
1
Section 66 of the Act shall be amended as follows.
2
In subsection (1)–
a
at the beginning there shall be inserted “Subject to subsections (2) and (2B) below,”;
b
in paragraph (c), after “garage”, there shall be inserted “which either has a floor area of 25 square metres or less or is”.
3
For subsection (2) there shall be substituted–
2
Property is not domestic property if it is wholly or mainly used in the course of a business for the provision of short-stay accommodation, that is to say accommodation–
a
which is provided for short periods to individuals whose sole or main residence is elsewhere, and
b
which is not self-contained self-catering accommodation provided commercially.
2A
Subsection (2) above does not apply if–
a
it is intended that, in the year beginning with the end of the day in relation to which the question is being considered, the property will be available for the provision of short-stay accommodation for periods totalling less than 100 days, and
b
the person intending to provide such accommodation also intends to reside in the hereditament within which the accommodation is contained throughout any period during which accommodation is intended to be provided.
2B
A building or self-contained part of a building is not domestic property if–
a
the relevant person intends that, in the year beginning with the end of the day in relation to which the question is being considered, the whole of the building or self-contained part will be available for letting commercially, as self-catering accommodation, for short periods totalling 140 days or more, and
b
on that day his interest in the building or part is such as to enable him to let it for such periods.
2C
For the purposes of subsection (2B) the relevant person is–
a
where the property in question is a building and is not subject as a whole to a relevant leasehold interest, the person having the freehold interest in the whole of the building; and
b
in any other case, any person having a relevant leasehold interest in the building or self-contained part which is not subject (as a whole) to a single relevant leasehold interest inferior to his interest.
2D
Subsection (2B) above does not apply where the building or self-contained part is used as the sole or main residence of any person other than a person who is treated as having such a residence there only by virtue of section 2(5A) above .
.
4
The following subsection shall be inserted after subsection (8)–
8A
In this section– “business” includes–
a
any activity carried on by a body of persons, whether corporate or unincorporate, and
b
any activity carried on by a charity; “commercially” means on a commercial basis, and with a view to the realisation of profits; and “relevant leasehold interest” means an interest under a lease or underlease which was granted for a term of 6 months or more and conferred the right to exclusive possession throughout the term.
.
Chris Patten
Secretary of State for the Environment
2nd February 1990
Peter Walker
Secretary of State for Wales
2nd February 1990


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Charges for Accommodation) Amendment Regulations 1990 and shall come into force on 9th April 1990.
Amendment of Regulations
2
The National Assistance (Charges for Accommodation) Regulations 1989 are amended as follows: —
a
in regulation 2(1) (minimum rate of liability to pay for accommodation) for “£34.90” there is substituted “£37.50”;
b
in regulation 2(2) (minimum rate of liability to pay for accommodation of a child) —
i
for “£11.75” (child under 11) there is substituted “£12.35”, and
ii
for “£17.35” (child 11 or over but under 16) there is substituted “£18.25”; and
c
in regulation 3 (sum needed for personal requirements) for “£8.70” there is substituted “£9.40”.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
7th March 1990


text:
Title and commencement
1
These Regulations may be cited as the Ungraded Eggs (Hygiene) Regulations 1990 and shall come into force on 31st July 1990.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Council Regulation” means Council Regulation ( EEC ) No. 2772/75 on marketing standards for eggs as amended ;
“sell” includes offer or agree to sell or expose for sale and “sale” shall be construed accordingly;
“sell by retail” means sell to a person buying otherwise than for the purpose ofre-sale, but does not include selling to a caterer for the purposes of his catering business or to a manufacturer for the purposes of his manufacturing business.
Scope
3
These Regulations apply to the sale of eggs by retail for human consumption by their producer on his own farm, in a local public market or by door to door selling, which eggs are not packed in accordance with Articles 16 to 19 of the Council Regulation and in respect of which no use is made of any of the quality or weight gradings laid down by that Regulation.
Cracked eggs
4
No person shall sell by retail, in circumstances where these Regulations apply to that sale, any egg which contains a crack visible without candling to the naked eye.
Penalties and enforcement
5
1
If any person contravenes regulation 4 of these Regulations he shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale ; and
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
Each local authority shall enforce and execute the provisions of these Regulations in their district.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
22nd June 1990.
Kenneth Clarke
Secretary of State for Health
26th June 1990
David Hunt
Secretary of State for Wales
22nd June 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charge Benefits (General) Amendment (No. 3) Regulations 1990 and shall come into force on 1st October 1990.
2
In these Regulations “the principal Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation) —
a
after the definition of “earnings” there shall be inserted the following definition —
“eligible rent” shall be construed in accordance with regulation 10 of the Housing Benefit (General) Regulations 1987 (rent) ;
;
b
after the definition of “unmarried couple” there shall be inserted the following definition —
“water charges” means —
as respects England and Wales, any water and sewerage charges under Chapter IV of Part II of the Water Act 1989 ,
as respects Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ,
in so far as such charges are in respect of the dwelling which a person occupies as his home;
.
Amendment of regulation 25 of the principal Regulations
3
In regulation 25(3)(a) of the principal Regulations (notional income) for the words “or collective community charge contribution” there shall be substituted the words “, collective community charge contribution or water charges”.
Amendment of regulation 33 of the principal Regulations
4
In regulation 33 of the principal Regulations (notional capital) —
a
in paragraph (1) at the end there shall be added the following words —
“except to the extent that that capital is reduced in accordance with regulation 33A (diminishing notional capital rule).”;
in paragraph (3)(a) —
for the words “household fuel,” there shall be substituted the words “household fuel or”;
for the words “or collective community charge contribution” there shall be substituted the words “, collective community charge contribution or water charges”.
Insertion of regulation 33A into the principal Regulations
5
After regulation 33 of the principal Regulations (notional capital) there shall be inserted the following regulation —
Diminishing notional capital rule
33A
1
Where a claimant is treated as possessing capital under regulation 33(1) (notional capital), the amount which he is treated as possessing —
a
in the case of a week that is subsequent to —
i
the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
ii
a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (3);
b
in the case of a week in respect of which paragraph (1)(a) does not apply but where —
i
that week is a week subsequent to the relevant week, and
ii
that relevant week is a week in which the condition in paragraph (4) is satisfied,
shall be reduced by the amount determined under paragraph (4).
2
This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that —
a
he is in receipt of community charge benefit; and
b
but for regulation 33(1), he would have received an additional amount of community charge benefit in that week.
3
In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of —
a
the additional amount to which sub-paragraph (2)(b) refers, and
b
where the claimant has also claimed housing benefit, the amount of any housing benefit to which he would have been entitled but for the application of regulation 43(1) of the Housing Benefit (General) Regulations 1987 (notional capital).
4
Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to community charge benefit in the relevant week but for regulation 33(1), and in such a case the amount shall be equal to the aggregate of —
a
the amount of community charge benefit to which the claimant would have been entitled in the relevant week but for regulation 33(1); and for the purposes of this sub-paragraph if the relevant week is a part-week that amount shall be determined by dividing the amount of community charge benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;
b
if the claimant would, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week, within the meaning of regulation 2(1)of those Regulations (interpretation), which includes the last day of the relevant week the amount (if any) which is equal to –
i
in a case where no housing benefit is payable, the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled.
5
The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for community charge benefit and the conditions in paragraph (6) are satisfied, and in such a case —
a
sub-paragraphs (a) and (b) of paragraph (4) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
6
The conditions are that —
a
a further claim is made 26 or more weeks after —
i
the date on which the claimant made a claim for community charge benefit in respect of which he was first treated as possessing the capital in question under regulation 33(1),
ii
in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for community charge benefit which resulted in the weekly amount being re-determined, or
iii
the date on which he last ceased to be entitled to community charge benefit, whichever last occurred; and
b
the claimant would have been entitled to community charge benefit but for regulation 33(1).
7
The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
8
For the purposes of this regulation —
a
“part-week” means a period of less than a week for which community charge benefit is allowed;
b
“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 33(1) —
i
was first taken into account for the purpose of determining his entitlement to community charge benefit, or
ii
was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to community charge benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, community charge benefit,
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
c
“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.
.
Amendment of regulation 53 of the principal Regulations
6
In regulation 53 of the principal Regulations (date on which entitlement is to begin) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
Where a person is otherwise entitled to community charge benefit and —
a
he or his partner becomes liable for an appropriate authority’s personal community charge on a day prior to which he or his partner was not liable for that charge or for a collective community charge contribution in the area of that authority; or
b
ceases to be a registered student; or
c
his partner ceases to be a registered student; or
d
acquires a partner or acquires a new partner,
if his claim for community charge benefit on behalf of himself and his partner is made or is treated as made in the benefit week in which any of the conditions in the above sub-paragraphs is satisfied, he and his partner shall be so entitled from that benefit week.
;
b
in paragraph (3) for the words “he shall be so entitled” there shall be substituted the words “he and any partner he may have who also satisfies the provisions of this paragraph shall be so entitled”.
Amendment of regulation 54 of the principal Regulations
7
In regulation 54(1)(b) of the principal Regulations (benefit period) after the word “office” the following words shall be added —
“or, where the claim is one to which regulation 60(4) (notification of changes affecting a claimant or his partner) applies, one of the offices referred to in regulation 60(5)(b).”.
Amendment of regulation 55 of the principal Regulations
8
In regulation 55 of the principal Regulations (date on which the benefit period is to end) the word “or” after paragraph (b) shall be omitted and the following new paragraph shall be inserted —
bb
the claimant has given notice to the appropriate authority of any of the changes of circumstances to which regulation 60(4) refers, when his benefit period and, where community charge benefit is payable by that authority to his partner, his partner’s benefit period shall end with the day immediately preceding the day on which the change of circumstances takes effect in accordance with regulation 56; or
.
Amendment of regulation 56 of the principal Regulations
9
In regulation 56 of the principal Regulations (date on which change of circumstances is to take effect) —
a
after paragraph (3) the following new paragraph shall be inserted —
3A
If the change of circumstances is any of the changes to which regulation 60(4) refers, the change of circumstances shall take effect —
a
where the notification of the change is given to one of the offices referred to in regulation 60(5)(b) in the benefit week in which the change occurs, on the day on which the change occurs; or
b
where the notification of the change is given later than the benefit week in which the change —
i
with respect to the claimant occurred, on the first day of the benefit week following the day on which the change occurred, and
ii
with respect to the claimant’s partner occurred, on the first day of the next benefit week which follows the day on which the notification is given.
.
b
in paragraph (4) for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1) to (3A)” and for the words “paragraph (2) or (3)” there shall be substituted the words “paragraph (2), (3) or (3A)”.
Amendment of regulation 60 of the principal Regulations
10
In regulation 60 of the principal Regulations (time and manner in which claims are to be made) —
a
for paragraph (4) there shall be substituted the following paragraph —
4
Where in the course of a benefit period —
a
a claimant’s partner becomes liable for the appropriate authority’s personal community charge or for a collective community charge contribution in that authority’s area on a day prior to which the partner was not so liable; or
b
a claimant or his partner ceases to be a registered student; or
c
a claimant acquires a partner or acquires a new partner,
and the claimant gives notice of any such change of circumstances at —
i
either of the offices referred to in paragraph (5)(b), where the claimant or his partner is a person on income support, or
ii
the designated office in any other case,
the notification may also have effect as a new claim for community charge benefit for both the claimant and his partner.
;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Where both partners give notice in accordance with paragraph (4) the claimant for the purposes of any new claim shall be determined in accordance with regulation 59(1) (claims by couples).
.
Amendment of Schedule 1 to the principal Regulations
11
In Schedule 1 to the principal Regulations (applicable amounts) —
a
in paragraph 4 for the reference “8 to 15” there shall be substituted the reference “8 to 15A”;
b
in paragraph 6(2) for the words “The disabled child premium to which paragraph 15 applies” there shall be substituted the words “The disabled child premium and the carer premium to which paragraphs 15 and 15A respectively apply”;
c
paragraph 7 the words “Subject to sub-para-graph (2),” shall be inserted at the beginning and after sub-paragraph (1)there shall be added the following sub-paragraph —
2
For the purposes of the carer premium under paragraph 15A, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance.
;
d
after paragraph 15 there shall be inserted the following paragraph —
Carer premium
15A
1
The condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act .
2
If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979 , where —
a
the claim for that allowance was made on or after the 1st October 1990, and
b
the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,
he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.
;
e
in paragraph 17 at the end the following sub-paragraph shall be added —
8
Carer premium
8
£10
in respect of each person who satisfies the condition specified in paragraph 15A.
.
Amendment of Schedule 2 to the principal Regulations
12
In Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of earnings) for paragraph 4 there shall be substituted the following paragraph —
4
If an amount by way of a lone parent premium under Schedule 1 (applicable amounts) is or, but for any pensioner premium, higher pensioner premium or disability premium being applicable to him, would be included in the calculation of the claimant’s applicable amount, £25.
.
Amendment of Schedule 3 to the principal Regulations
13
In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 13 there shall be substituted the following paragraph —
13
1
Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 34 and 35, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.
2
Subject to sub-paragraph (3) and paragraph 35, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, eligible rent, community charge or water charges of a single claimant or, as the case may be, of the claimant or any other member of his family.
3
Sub-paragraphs (1) and (2) shall not apply to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children.
4
For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.
5
For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
b
after paragraph 42 there shall be added the following paragraphs —
43
1
Any payment or repayment made —
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
44
Any payment made under regulation 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
45
Any payment made by either the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
.
Amendment of Schedule 4 to the principal Regulations
14
In Schedule 4 to the principal Regulations (capital to be disregarded) —
a
in paragraph 4 for the words “any member of” there shall be substituted the words “a single claimant or any member of”;
b
in paragraph 7 at the end there shall be added the following sub-paragraph —
2
The assets of any business owned in whole or in part by the claimant where —
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business;
for a period of 26 weeks from the date on which the claim for community charge benefit is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
;
c
for paragraph 13 there shall be substituted the following paragraph —
13
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.
;
d
after paragraph 36 the following paragraphs shall be added —
37
Any arrears of special war widows payment which is disregarded under paragraph 42 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) , but only for a period of 52 weeks from the date of the receipt of the arrears.
38
1
Any payment or repayment made —
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of the receipt of the payment or repayment.
2
Any payment or repayment by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of the receipt of the payment or repayment.
39
Any payment made under regulation 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of the receipt of the payment.
40
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.
.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
28th August 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Nuisance (Appeals) Regulations 1990 and shall come into force on 1st January 1991.
2
In these Regulations —
“the 1974 Act ” means the Control of Pollution Act 1974: and
“the 1990 Act ” means the Environmental Protection Act 1990.
Appeals under section 80(3) of the 1990 Act
2
1
The provisions of this regulation apply in relation to an appeal brought by any person under section 80(3) of the 1990 Act against an abatement notice served upon him by a local authority.
2
The grounds on which a person served with such a notice may appeal under section 80(3) are any one or more of the following grounds that are appropriate in the circumstances of the particular case —
a
that the abatement notice is not justified by section 80(3) of the 1990 Act;
b
that there has been some informality, defect or error in, or in connection with, the abatement notice;
c
that the authority have refused unreasonably to accept compliance with alternative requirements, or that the requirements of the abatement notice are otherwise unreasonable in character or extent, or are unnecessary;
d
that the time, or, where more than one time is specified, any of the times, within which the requirements of the abatement notice are to be complied with is not reasonably sufficient for the purpose;
e
where the nuisance to which the notice relates —
i
is a nuisance falling within section 79(1)(a), (d), (e), (f) or (g) of the 1990 Act and arises on industrial, trade or business premises, or
ii
is a nuisance falling within section 79(1)(b) of the 1990 Act and the smoke is emitted from a chimney,
that the best practicable means were used to prevent, or to counteract the effects of, the nuisance;
f
that, in the case of a nuisance under section 79(1)(g) of the 1990 Act, the requirements imposed by the abatement notice by virtue of section 80(1)(a) of that Act are more onerous than the requirements for the time being in force, in relation to the noise to which the notice relates, of —
i
any notice served under section 60 or 66 of the 1974 Act, or
ii
any consent given under section 61 or 65 of the 1974 Act, or
iii
any determination made under section 67 of the 1974 Act;
g
that the abatement notice should have been served on some person instead of the appellant, being —
i
the person responsible for the nuisance, or
ii
in the case of a nuisance arising from any defect of a structural character, the owner of the premises, or
iii
in the case where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, the owner or occupier of the premises;
h
that the abatement notice might lawfully have been served on some person instead of the appellant being —
i
in the case where the appellant is the owner of the premises, the occupier of the premises, or
ii
in the case where the appellant is the occupier of the premises, the owner of the premises,
and that it would have been equitable for it to have been so served;
i
that the abatement notice might lawfully have been served on some person in addition to the appellant, being —
i
a person also responsible for the nuisance,
ii
a person who is also an owner of the premises, or
iii
a person who is also an occupier of the premises,
and that it would have been equitable for it to have been so served.
3
If and so far as an appeal is based on the ground of some informality, defect or error in, or in connection with, the abatement notice, the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
4
Where the grounds upon which an appeal is brought include a ground specified in paragraph (2)(h) or (i) above, the appellant shall serve a copy of his notice of appeal on any other person referred to, and in the case of any appeal to which this regulation applies he may serve a copy of his notice of appeal on any other person having an estate or interest in the premises in question.
5
On the hearing of the appeal the court may —
a
quash the abatement notice to which the appeal relates, or
b
vary the abatement notice in favour of the appellant in such manner as it thinks fit, or
c
dismiss the appeal;
and an abatement notice that is varied under sub-paragraph (b) above shall be final and shall otherwise have effect, as so varied, as if it had been so made by the local authority.
6
Subject to paragraph (7) below, on the hearing of an appeal the court may make such order as it thinks fit —
a
with respect to the person by whom any work is to be executed and the contribution to be made by any person towards the cost of the work, or
b
as to the proportions in which any expenses which may become recoverable by the authority under Part III of the 1990 Act are to be borne by the appellant and by any other person.
7
In exercising its powers under paragraph (6) above, the court —
a
shall have regard, as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of any relevant tenancy and to the nature of the works required, and
b
shall be satisfied before it imposes any requirement thereunder on any person other than the appellant, that that person has received a copy of the notice of appeal in pursuance of paragraph (4) above.
Suspension of notices
3
1
Where —
a
an appeal is brought against an abatement notice served under section 80 of the 1990 Act, and —
b
either —
i
compliance with the abatement notice would involve any person in expenditure on the carrying out of works before the hearing of the appeal, or
ii
in the case of a nuisance under section 79(1)(g) of the 1990 Act, the noise to which the abatement notice relates is noise caused in the course of the performance of some duty imposed by law on the appellant, and
c
either paragraph (2) does not apply, or it does apply but the requirements of paragraph (3) have not been met,
the abatement notice shall be suspended until the appeal has been abandoned or decided by the court.
2
This paragraph applies where —
a
the nuisance to which the abatement notice relates —
i
is injurious to health, or
ii
is likely to be of a limited duration such that suspension of the notice would render it of no practical effect, or
b
the expenditure which would be incurred by any person in the carrying out of works in compliance with the abatement notice before any appeal has been decided would not be disproportionate to the public benefit to be expected in that period from such compliance.
3
Where paragraph (2) applies the abatement notice —
a
shall include a statement that paragraph (2) applies, and that as a consequence it shall have effect notwithstanding any appeal to a magistrates' court which has not been decided by the court, and
b
shall include a statement as to which of the grounds set out in paragraph (2) apply.
Revocations
4
1
Regulation 4 of the Control of Noise (Appeals) Regulations 1975 is hereby revoked.
2
In regulation 10(1) of those Regulations the word “58,” shall be omitted.
Chris Patten
Secretary of State for the Environment
13th November 1990
Signed by authority of the Secretary of State
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
13th November 1990


text:
1
1
These Rules may be cited as the Magistrates' Courts (Social Security Act 1986) (Transfer of Orders to maintain and Enforcement of Maintenance Orders) Rules 1990 and shall come into force on 15th October 1990.
2
In these Rules, “personal allowance element”, “the dependent parent” and “the liable parent” have the same meaning as in section 24A of the Social Security Act 1986 (“the 1986 Act ”).
2
Where under section 24A of the 1986 Act the Secretary of State gives notice in writing to a magistrates' court which has made an order under section 24(4) of that Act, transferring to a dependent parent (by virtue of subsection (3)) or transferring back from the dependent parent to himself (by virtue of subsection (7)) the right to receive the payments under the order (exclusive of any personal allowance element), the clerk of that court shall amend the order by substituting the name of the dependent parent for that of the Secretary of State or the name of the Secretary of State for that of the dependent parent, as appropriate.
3
Where a clerk amends an order made under section 24(4) in accordance with rule 2 of these Rules, he shall —
a
make a written record of the fact that, the circumstances in which and the date on which, he has done so, and shall keep it with the register kept under rule 66 of the Magistrates' Courts Rules 1981 ; and
b
send a copy of the amended order, as soon as practicable, to the Secretary of State, the liable parent and the dependent parent.
4
Where an application within paragraph (a) or (b) of section 24B(5) of the 1986 Act is made to a magistrates' court, the clerk of the court shall, after giving notice to the Secretary of State of any such application, notify the parties to the application that he has done so and that the Secretary of State is entitled to appear and be heard on the application.
Mackay of Clashfern, C.
Dated 17th September 1990


text:
PART I
GENERAL
Citation, commencement and revocation
1
1
These Regulations may be cited as the Weights and Measures (Local and Working Standard Capacity Measures and Testing Equipment) Regulations 1990 and shall come into force on 21st January 1991.
2
The Weights and Measures (Local and Working Standard Capacity Measures and Testing Equipment) Regulations 1987 are hereby revoked.
Interpretation
2
1
In these Regulations: —
“ the Act ” means the Weights and Measures Act 1985;
“differential pressure gauge” means an instrument used to determine the pressure loss across either a cold-water meter or a reference meter for water;
“discrimination threshold” means the smallest change which produces a perceptible change in the indication;
“linearity” means the horizontal band within which the graph of the meter error of a reference meter lies over the authorised range of flowrates;
“multifiller” means a device consisting of a number of calibrated measures, capable of dispensing simultaneously known quantities of water, used for the testing of capacity measures;
“piston prover” means a device which can deliver or accept water in quantities determined by the displacement of a piston in a cylinder;
“proving tank” does not include a proving tank for water;
“proving tank for water” means a local or working standard capacity measure which is used solely with water to test cold-water meters or reference meters for water;
“reference meter” means a meter for use in testing measuring equipment used for the measurement of liquid fuel delivered from road tankers;
“repeatability” means the ability of weighing or measuring equipment to indicate, under defined conditions of use, closely similar quantities on repeated measurings, expressed as a 95 per cent confidence interval;
“suitable weighing machine” means a weighing machine having a discrimination threshold and a repeatability in grams not exceeding one fifth of the limit of error expressed in millilitres of the standard or equipment it is being used to test; and
“95 per cent confidence interval” means the range of values within which the true value may be expected to lie with a 0.95 level of probability.
2
The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows: —
Imperial System Metric System
fluid ounce fl oz millilitre ml pint pt litre l gallon gal
PART II
WORKING STANDARD CAPACITY MEASURES
3
1
Working standard capacity measures made of glass and provided pursuant to section 5(1) of the Act for use by inspectors of weights and measures shall be tested by one of the following methods: —
Method 1
where the test relates to an indicated imperial measurement not exceeding 1 gal or an indicated metric measurement not exceeding 5 l, by transfer of water from an equivalent local standard capacity measure;
in any other case by transfer of water from a local standard capacity measure of maximum possible capacity in relation to the working standard used the requisite number of times;
Method 2
by pouring water of a known temperature into the measure under test, when the measure is resting on a horizontal surface —
a
where the nominal capacity of the measure is defined by a line, until the bottom of the meniscus coincides with the top of that line or with the top of any graduation line or tolerance mark being tested; or
b
where the nominal capacity of the measure is defined by its brim, until the surface of the water coincides with the brim;
and in either case determining the weight of the water on a suitable weighing machine and calculating therefrom the capacity of the measure in accordance with British Standard 1797: 1987 or British Standard 6696: 1986 .
2
Working standard capacity measures made of metal and provided pursuant to section 5(1) of the Act for use by inspectors of weights and measures shall if they are proving tanks or proving tanks for water be tested by Method 1 above or, if they are not proving tanks or proving tanks for water, either by Method 1 above or by pouring water of a known temperature into the measure under test, when the measure is resting on a horizontal surface —
a
where the nominal capacity of the measure is defined by a line, until the bottom of the meniscus coincides with the top of that line or with the top of any graduation line or tolerance mark being tested; or
b
where the nominal capacity of the measure is defined by its brim, until the surface of the water coincides with the brim;
and in either case determining the weight of the water on a suitable weighing machine and calculating therefrom the capacity of the measure.
3
A working standard capacity measure shall be tested as a measure of any amount in Schedule 3 to the Act which it is designed to measure and the accuracy of any tolerance marks adjacent to any graduation tested shall also be tested.
4
Every capacity measure —
a
which is made of glass shall have been tested —
i
immediately before its first use,
ii
immediately before its first use more than 12 months after such testing, and
iii
within 24 months before any subsequent use; or
b
which is made of metal and
i
is of 50 l or less or 10 gal or less shall have been tested within 6 months before use;
ii
is of more than 50 l or more than 10 gal shall have been tested within 24 months before use.
PART III
TESTING EQUIPMENT
Reference meters
5
1
Reference meters shall be tested either —
a
by means of a local or working standard capacity measure which is of sufficient size to hold at least one minute’s delivery of the meter under test; or
b
by means of a weighing machine, the repeatability of which shall be not more than 0.01 per cent of the weight of the liquid delivered by the water under test, and which can weigh at least one minute’s delivery of the meter under test.
2
The capacity measure or the weighing machine used to test a reference meter shall have a discrimination threshold of not more than 0.01 per cent of the quantity delivered by the meter under test.
In a test under sub-paragraph (1)(b) above, the density of the test liquid shall be determined to an accuracy of 0.01 per cent.
6
A reference meter shall have been tested over the range of flowrates and liquids for which it is intended to be used within 24 months before use, and the results of the test shall be such that —
a
the range of five consecutive tests with the same liquid at the same flowrate does not exceed 0.05 per cent of the quantity delivered on each test;
b
the linearity shall be such that the range of the means of any five consecutive tests with the same liquid within the flowrate range shall not exceed 0.1 per cent of the quantity delivered on each test; and
c
notwithstanding the application of corrections when a reference meter is used to test meter measuring systems in accordance with the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 or the Measuring Instruments ( EEC Requirements) Regulations 1988 , the relative error of the mean of any five consecutive tests shall not exceed 0.5 per cent of the quantity delivered on any test.
7
A reference meter shall have been tested at a single flowrate within 6 months before use, and the mean of five consecutive measurements at the same flowrate shall not differ by more than 0.05 per cent of the quantity delivered on each test from the mean quantity delivered at the same flowrate with liquid of the same viscosity when the meter was last tested in accordance with regulation 6 above.
Reference meters for water
8
1
Reference meters for water shall be tested with water either —
a
by means of a proving tank for water which is of sufficient size to hold at least 10 l or one minute’s delivery of the meter under test whichever is the greater; or
b
by means of a weighing machine, the repeatability of which shall be not more than 0.05 per cent of the weight of the water delivered by the meter under test, and which can weigh at least 10 kilograms or one minute’s delivery of the meter under test whichever is the greater.
2
The proving tank for water or the weighing machine used to test a reference meter for water shall have a discrimination threshold of not more than 0.05 per cent of the quantity delivered by the meter under test.
9
A reference meter for water shall have been tested over the range of flowrates for which it is intended to be used within 12 months before use, and the results of the test shall be such that —
a
the range of five consecutive tests at the same flowrate does not exceed 0.5 per cent of the quantity delivered on each test;
b
notwithstanding the application of corrections when a reference meter for water is used to test metered supplies the relative error, determined from the mean of five consecutive tests at any flowrate within the flowrate range, shall not exceed 2 per cent of the quantity delivered on any test.
Multifillers
10
Every measure in a multifiller shall be tested in the manner in which it is to be used by discharging water into a working standard capacity measure or into a container and determining the volume of water delivered on a suitable weighing machine.
11
Every multifiller shall have been tested within six months before use and shall have been adjusted so that the quantity delivered does not lie outside the limit of error permitted for a working standard capacity measure of the same nominal capacity.
Burettes and pipettes
12
Burettes and pipettes shall have been tested within 12 months before use and shall have been adjusted so that the error in volume does not exceed the limit of error permitted for a working standard capacity measure of the same nominal capacity.
13
A pipette shall be tested as a measure of its maximum purported capacity, and (if applicable) as a measure of at least one amount indicated by a subdivision, by filling it to the level of the graduation, discharging it, and weighing the water discharged using a suitable weighing machine.
14
A burette shall be tested as a measure of its maximum purported capacity, and (if applicable) as a measure of at least two amounts indicated by subdivisions, by filling it to the level of the graduation, discharging it, and weighing the water discharged using a suitable weighing machine.
Displacement plungers
15
A displacement plunger shall be tested either by measuring the volume or, using a suitable weighing machine, by measuring the weight of water displaced when the displacement plunger is immersed in water up to the line which indicates the nominal volume.
16
A displacement plunger shall have been tested within 12 months before use and shall have been adjusted so that the error in volume does not exceed the limit of error set out in Schedule 1 to these Regulations.
Differential pressure gauges
17
1
A differential pressure gauge shall have been tested over the range of pressures for which it is intended to be used within 12 months before use.
2
The error on a differential pressure gauge shall not exceed the limits of error shown in Schedule 2 to these Regulations.
Piston provers
18
1
A piston prover shall have been tested over its full working range within 12 months before use.
2
The error on a piston prover shall not exceed the limits of error shown in Schedule 2 to these Regulations.
PART IV
WORKING STANDARD CAPACITY MEASURES AND TESTING EQUIPMENT
19
1
Where an inspector has reasonable cause to believe that any working standard capacity measure or testing equipment referred to in these Regulations is not accurate within the relevant limits of error, he shall test it before use.
2
Where testing reveals an error which exceeds the relevant limit shown in Schedule 1, 2 or 3 to these Regulations, the measure or testing equipment shall not be further used until it has been so adjusted that any error is within that limit.
PART V
LOCAL STANDARD CAPACITY MEASURES
Prescribed limits of error
20
The error on local standard capacity measures shall not exceed the limits of error shown in Schedule 4 to these Regulations.
Periods of validity of certificates of fitness of local standard capacity measures
21
The periods prescribed in the case of local standard capacity measures for the purposes of section 4(6) of the Act (which relates to periods of validity of certificates of fitness of local standards) shall be:
a
ten years, in the case of a capacity measure up to and including 500 ml or 1 pint;
b
five years, in the case of a capacity measure over 500 ml or 1 pint.
Edward Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
20th December 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
i
all measurements of distance are approximate only and measured along the route of the relevant highway.
ii
“the deposited plan”
means the plan numbered RSE A27/4C/65/10/1 marked “The A27 Trunk Road (Crossbush Bypass)Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road”
means the highway mentioned in article 1 of this Order; and
iv
“the trunk road”
means the Folkestone–Honiton Trunk Road (A27).
This Order shall come into force on 1st January 1991 and may be cited as the A27 Trunk Road (Crossbush Bypass) Order 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
15th November 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Anglian Water (Constitution and Regulation) Order 1990 and shall come into force on 11th January 1991.
2
In this Order–
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Cessation of local statutory provisions
3
The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 11th January 1991.
Consequential provision
4
The East Anglian Water Acts and Orders 1853 to 1986 and the Great Yarmouth Waterworks and Lowestoft Water and Gas Act 1907 are repealed to the extent indicated in Schedule 2 hereto with effect from 11th January 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
18th December 1990