text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order which may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 shall come into force on 1st April 1991.
2
In this Order, reference to a numbered article or Schedule is to the article in, or Schedule to this Order bearing that number and, unless the context otherwise requires, reference in an article or a Schedule to a numbered paragraph is to the paragraph bearing that number in that article or that Schedule.
PART II
HOUSING BENEFIT SUBSIDY
Interpretation
2
1
In this Part of this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“allowance” means a rent allowance;
“authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;
“board and lodging accommodation” means —
accommodation provided for a change which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations .
“housing benefit subsidy” means subsidy under section 30(1) or (1A) of the Act (rate rebate, rent rebate, rent allowance and community charge rebate subsidy) ;
“rebate” means a rent, rate or community charge rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;
“relevant date” has the same meaning as in Schedule 5;
“relevant year” means the year ending 31st March 1991;
“scheme” means the housing benefit scheme as defined in section 28 of the Act;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1990 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990 ;
“the Scottish Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;
“termination date” has the same meaning as in Schedule 5;
and other expressions shall have the same meaning as in the Housing Benefit Regulations or, as the case may be, the Scottish Regulations;
2
In this Part of this Order —
“housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less —
the deductions specified in article 13; and
where, under sub-section (6) of section 28 of the Act (arrangements for hosing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of housing benefit subsidy
3
The amount of an authority’s housing benefit subsidy for the relevant year —
a
for the purposes of section 30(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;
b
for the purposes of section 30(3) of he Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the cost of administering housing benefit calculated in accordance with Schedule 1.
Rebates and allowances
4
1
For the purposes of section 30(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be —
a
in the case of an authority to which articles 5, 6, 7, 8, 9, 10 and 11 do not apply, 97 per cent. of its housing benefit qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant an amount equal to the aggregate of —
i
97 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expendture attributable to the rebates or allowances to which each of those articles which is relevant applies; plus
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus in each case, the addition where applicable, under article 12.
2
Where the authority is the Scottish Homes or a new town corporation in Scotland, its housing benefit subsidy for the relevant year shall include a further sum being —
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 3.5 per cent. of its housing benefit qualifying expenditure but subject to the relevant maximum specified in column (2) of Schedule 3; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 3.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.
Backdated payments
5
1
Subject to paragraph (2), where —
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s housing benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the housing benefit qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 9 applies.
Disproportionate rent increase
6
1
Subject to paragraphs (5) and (6), where the average rent increase of an authority’s Category A tenants is greater than the average rent increase of their Category B tenants, for the purposes of article 4(1)(b)(ii), the appropriate amount for such part of the housing benefit qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be 25 per cent of that portion of the housing benefit qualifying expenditure as is determined in accordance with paragraph (3).
2
For the purposes of paragraph (1), the average rent increase shall be determined by comparing the average rent of Category A tenants or, as the case may be, Category B tenants on the first relevant date with their average rent on the second relevant date.
3
For the purposes of paragraph (1), the portion of the housing benefit qualifying expenditure shall be determined in accordance with the formula —
A - ( A × B C )
Where —
A is the total of rent rebates granted by the authority to Category A tenants and other tenants during the relevant year but shall not include any amount of expenditure attributable to rebates awarded in respect of amounts paid under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accomodation;
B is the amount calculated in accordance with the formula —
100 × D E
C is the amount calculated in accordance with the formula —
100 × F G
D is the average rent for Category B tenants on the second relevant date;
E is the average rent for Category B tenants on the first relevant date;
F is the average rent for Category A tenants on the second relevant date;
G is the average rent for Category A tenants on the first relevant date.
4
In this article —
“average” means the arithmetic mean;
“Category A tenants” means tenants of the authority who on the first and second relevant dates are in receipt of rent rebates and reside at the same address on both dates, but shall not include a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;
“Category B tenants” means tenants of the authority who are not in receipt of rent rebates on the first and second relevant dates but reside at the same address on both dates, but shall not include a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;
“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority occurring in March 1989; and
“second relevant date” means the same date occurring in March 1991 but if that date falls in a rent free period the nearest date in March 1991 to that date which is not in a rent free period;
“rent” means either —
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent); or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraphs (1) to (3) it has the same meaning throughout.
5
This article shall not apply in a case to which article 9 applies.
6
In England and Wales this article shall only apply to rent rebate expenditure granted by new town corporations and the Development Board for Rural Wales.
Treatment of high rents
7
1
Subject to paragraphs (3) and (4), where any part of the housing benefit qualifying expenditure of an authority within an area listed in column 1 of Schedule 4 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column 2 of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shal be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies —
a
if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance.
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of rents which exceed the threshold —
a
which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI, or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or
b
which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied that the rent is at or below the fair rent level; or
c
where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or
d
where the relevant dwelling is situated within the area of a housing action trust establishment under Part III of the Housing Act 1988 (Housing Action Trust Areas); or
e
where the dwelling is an excluded tenancyby virtue of paragraphs 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
4
This article shall not apply in a case to which article 8 or 9 applies.
Rent officers' determinations
8
1
Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 5.
2
This article applies where —
a
an authority applies to a rent officer for a determination to be made uder the Rent Officers Order in relation to dwelling; and
b
the officer makes a determination under that Order.
3
Except where paragraph (4) applies, this article applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for the determination.
4
This article applies where —
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).
5
This article applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
6
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.
Treatment of certain residential accommodation
9
Where any part of an authority’s housing benefit qualifying expenditure is attributable to rebates or allowances granted under the Social Security and Housing Benefits Act 1982 to persons in respect of accommodation provided under —
a
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or
b
section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or
c
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year shall be 90 per cent. of the housing benefit qualifying expenditure so attributable.
Homeless cases
10
1
Where any part of an authority’s housing benefit qualifying expenditure is attributable to a rebate granted in respect of the amount which a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accomodation made available to that person, and the amount of weekly eligible rent exceeds the appropriate maximum amount specified in column (2) of Schedule 6 for the area in which the accommodation is situated, for the purposes of article 4(1)(b)(ii), the appropriate amount shall be —
a
if the rebate granted is the same as or less than the difference between the weekly eligible rent and the appropriate maximum amount, nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebate;
b
if the rebate granted is greater than the difference between the weekly eligible rent and the appropriate maximum amount, nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebate which is equal to the excess, and 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
2
In paragraph (1) the appropriate maximum amount shall be determined in accordance with the formula
( A × B ) - C
Where —
A is the weekly amount specified in column (2) of Schedule 6 for the area in which the accommodation is situated specified in column (1) of that Schedule;
B is the number equal to the number of persons aged 11 or over in respect of whom the accommodation has been made available; and
C is the product of £6.30 multiplied by the number equal to the number of persons aged under 11 in respect of whom the accommodation has been made available.
Overpayment of rebates or allowances
11
1
Where any part of an authority’s housing benefit qualifying expenditure is attributable to an overpayment of rebates or allowances made and discovered in the relevant year, for the purposes of article 4(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
The appropriate amount shall be —
a
in the case of an overpayment caused by an error of the authority making the payment 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment; and
b
in the case of an overpayment caused by official error, 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has not been recovered by the authority and nil per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has been recovered by the authority; and
c
in the case of a technical overpayment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment for a period not exceeding 2 benefit weeks beginning on the benefit week after week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to the overpayment; and
d
in the case of any other overpayment, 25 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment.
3
In paragraph 2(b) “overpayment caused by official error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97 of the Social Security Act 1975 (adjudication by adjudication officers, social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
In paragraph (2)(c) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and a change in circumstances reduces or eliminates entitlement to that rebate beginning on the benefit week following the week in which the change is disclosed to the authority.
5
This article shall not apply to that part of any rebate or allowance to which paragraph 15 of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made) applies.
Addition to housing benefit subsidy
12
1
The addition referred to in article 4(1) shall be of the following amounts where —
a
following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
subject to paragraph (2) during the relevant year it is discovered that an overpayment of rebate or allowance has been made in either or both the years ending 31st March 1989 and 31st March 1990, as the case may be , and an amount equal is to be deducted under article 13 in relation to that overpayment, an amount equal to —
i
in the case of an overpayment caused by an error of the authority making the payment 15 per cent. of the overpayment;
ii
in the case of an overpayment caused by official error within the meaning of article 11(3), 97 per cent. of so much of the overpayment as has not been recovered by the authority and nil per cent. of the overpayment which has been recovered by the authority; or
iii
in the case of a technical overpayment within the meaning of article 11(4), 15 per cent. of the overpayment for a period not exceeding 2 benefit weeks, beginning on the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the overpayment;
iv
in the case of any other overpayment, 25 per cent. of the overpayment.
2
The amount under paragraph (1)(b) shall not include an amount in relation to an overpayment of community charge rebate made in the year ending 31st March 1990 but discovered in the relevant year as a result of a reduction in the amount of a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge).
Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
13
1
The deductions referred to in article 2(2) are, subject to paragraph (2), to be of the following amounts where —
a
a tenant of an authority, who is in receipt of a rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement —
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent free period;
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligation;
iii
made under section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Housing Benefit Regulations or, as the case may be, regulation 57 of the Scottish Regulations (calculations of weekly amounts), the amount of such increase;
e
during the relevant year it is discovered that a payment of community charge rebate has been overpaid in the relevant year as a result of the reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987, the amount of the overpayment;
f
during the relevant year it is discovered that a rebate or allowance has been paid under the Social Security and Housing Benefits Act 1982 in excess of entitlement, the amount of such overpayment;
g
during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by official error within the meaning of article 11(3) where the overpayment had occurred and been discovered in a year earlier than the relevant year, the amount so recovered;
h
during the relevant year it is discovered that an overpayment of rebate or allowance has been made in either of or both the years ending 31st March 1989 and 31st March 1990, as the case may be the amount of such overpayment, but only to the extent that —
i
the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit Subsidy Order 1989 or of the Housing Benefit Subsidy Order 1990 ; and
ii
the amount of the overpaymet or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made) applied.
2
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more sub-paragraphs of paragraph (1) only the higher or highest or, where the amounts are equal, only one amount, shall be deducted.
Modification of housing benefit subsidy on payments in excess of entitlement
14
1
Notwithstanding any provision made under the Social Security and Housing Benefits Act 1982 in respect of housing benefit paid in excess of entitlement, where an overpayment of benefit to which any such provision applies under that Act in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be —
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment; and
b
in the case of an overpayment caused by official error within the meaning of article 11(3), 97 per cent. of so much of the overpayment as has not been recovered by the authority; and
c
in the case of any other overpayment, 25 per cent. of the overpayment.
3
In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefits Regulations 1985 (interpretation) as previously in force.
PART III
COMMUNITY CHARGE BENEFIT SUBSIDY
Interpretation
15
1
In this Part of this Order, unless the context otherwise requires —
“the Act” means the Social Security Act 1986 ;
“appropriate authority” means a charging authority to which 31B(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 31B(3) of the Act refers ;
“community charge benefit subsidy” means subsidy under section 31F of the Act ;
“excess benefits” has the meaning assigned to it by regulation 83 of the Community Charge Benefits Regulations
“relevant year” means the year ending 31st March 1991;
“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 ,
and other expressions shall have the same meaning as in the Community Charge Benefits Regulations.
2
In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits granted by the appropriate authority during the relevant year, less —
a
the deductions specified in article 21; and
b
where, under sub-section (6) of section 31B of the Act (arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had been so modified.
Amount of community charge benefit subsidy
16
The amount of an appropriate authority’s community charge benefit subsidy for the relevant year —
a
for the purposes of section 31F(2) of the Act (subsidy in respect of community charge benefit) shall be the amount or total of the amounts calculated in accordance with article 17;
b
for the purposes of section 31F(5) of the Act (subsidy in respect of the costs of administering community charge benefit) may include an additional sum in respect of the cost of administering community charge benefit calculated in accordance with Schedule 2.
Community charge benefit
17
For the purposes of section 31F(2) of the Act, an appropriate authority’s community charge benefit subsidy for the relevant year shall be —
a
in the case of an appropriate authority to which articles 18 and 19 do not apply, 97 per cent. of its community benefit qualifying expenditure;
b
in the case of an appropriate authority to which at least one of those articles is relevant an amount equal to the aggregate of —
i
97 per cent. of so much of its community charge benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the community charge benefit to which each of those articles which is relevant applies; plus
ii
the appropriate amount calculated in respect of the community charge benefit under each such article,
plus, in each case, the addition, where applicable, under article 20.
Backdated benefit payments
18
Where —
a
during the relevant year an appropriate authority has, under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) treated any claim for a community charge benefit as made on a day earlier than that on which it is made; and
b
any part of that appropriate authority’s community charge benefit qualifying expenditure ids attributable to such earlier period,
for the purposes of article 17(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the community charge benefit qualifying expenditure so attributable.
Excess community charge benefits
19
1
Where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 17(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the appropriate amount shall be —
a
in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
b
in the case of excess benefits allowed in consequence of an official error, 97 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and
c
in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits for a period not exceeding 2 benefit weeks, beginning on the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and thereafter nil per cent. of the community charge benefit qualifying expenditure atributable to the overpayment;
d
in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.
3
In paragraph 2(b) “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97(1) of the Social Security Act 1975 where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
In paragraph 2(c) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being granted in advance and a change in circumstances reduces or eliminates entitlement to those benefits beginning on the benefit week following the week in which the change is disclosed to the appropriate authority.
5
This article shall not apply to an award of benefit to which paragraphs (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.
Addition to community charge benefit subsidy
20
Where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, the addition referred to in article 17(1) shall be equal to 25 per cent. of the amount of the duplicate payments.
Deductions to made in calculating subsidy in respect of community charge benefit
21
1
The deductions referred to in article 15(2) are, subject to paragraph (2), of the following amounts where —
a
an appropriate authority has allowed excess community charge benefit falling within regulation 83(a), (b) or (c) of the Community Charge Benefits Regulations (meaning of excess benefits), the amount attributable to that excess;
b
an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations (increase of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase.
2
Where in relation to any amount of benefit a deduction falls to be made under both sub-paragraphs (a) and (b) of paragraph (1), only the higher amount or, where the amounts are equal, only one amount shall be deducted.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 1991
We consent,
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Education Support Grants (Amendment) Regulations 1991 and shall come into force on the day after the day on which they are made.
Amendments to the Education Support Grants Regulations 1990
2
The Education Support Grants Regulations 1990 shall be amended as follows–
1
In paragraph (2) of regulation 5 (rate of grant) the words “2 or” shall be deleted.
2
In regulation 6(5)(b) (conditions for payment of grant) for the words “an unqualified certificate” there shall be substituted the words “a certificate”.
3
In the Schedule (purposes for or in connection with which grants are payable)–
a
items 2, 4(a) and (d), 6 and 18 shall be deleted; and
b
there shall be inserted the following items–
29
Facilitating access to courses of higher education by persons of the age of 19 years and above living in urban areas of special social need.
30
.The provision of support for initiatives to raise standards in schools in urban areas of special social need.
31
.Promoting co-operation in the education of pupils who are both blind and deaf between education authorities, schools and other interested bodies.
32
Helping schools to offer courses leading to vocational qualifications to pupils of the age of 16 years and above.
.
Transitional provisions
3
Nothing in these Regulations shall prevent the Secretary of State making payments of grant in respect of approved expenditure incurred on or before 31st March 1992 for the purposes described in items 2, 4(a) or (d), 6 or 18 of the Schedule to the Education Support Grants Regulations 1990 which are revoked by this Order, and grant in respect of approved expenditure incurred in respect of item 2 in the said Schedule shall continue to be payable at the rate of 50 per cent. of such expenditure.
Kenneth Clarke
Secretary of State for Educationand Science
23rd December 1991
David Hunt
Secretary of State for Wales
23rd December 1991


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Eggs (Marketing Standards) (Amendment) Regulations 1991, and shall come into force on 1st July 1991.
2
These Regulations shall not extend to Northern Ireland.
3
In these Regulations “the principal Regulations ” means the Eggs (Marketing Standards) Regulations 1985 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as specified in the following provisions of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Regulations.
3
For regulation 4(1)(g) there shall be substituted the following sub-paragraphs–
g
inspect any records (in whatever form they are held) which any person is required to keep by virtue of any Community provision and, where any such records are kept by means of a computer–
i
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
ii
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;
h
seize and detain any records which he has reason to believe may be required as evidence in proceedings under these Regulations;
i
where any records falling within sub-paragraph (h) above are kept by means of a computer, require the records to be produced in a form in which they may be taken away.
.
4
At the end of regulation 8 for the words “£2,000” there shall be substituted the words “level 5 on the standard scale”.
5
For the Schedule there shall be substitued the following Schedule–
SCHEDULE
COMMUNITY PROVISIONS
Regulation 2
Regulations containing Community provision Official Journal of the European Community References
1
Council Regulation ( EEC ) No. 1907/90 on certain marketing standards for eggs
OJ No. L173, 6.7.90, p.5
2
Commission Regulation (EEC) No. 1274/91 introducing detailed rules for implementing Regulation (EEC) No. 1907/90 on certain marketing standards for eggs
OJ No. L121, 16.5.91, p.11
3
Commission Regulation (EEC) No. 2782/75 on production and marketing of eggs for hatching and of farmyard poultry chicks, as amended by–
OJ No. L282, 1.11.75, p.100
a
Council Regulation (EEC) No. 3485/80
OJ No. L365, 31.12.80, p.1
b
Council Regulation (EEC) No. 3791/85
OJ No. L367, 31.12.85, p.6
c
Council Regulation (EEC) No. 3494/86
OJ No. L323, 18.11.86, p.1
d
Council Regulation (EEC) No. 3987/87
OJ No. L376, 31.12.87, p.20
4
Commission Regulation (EEC) No. 1868/77 implementing Council Regulation (EEC) No. 2782/75 , as amended by–
OJ No. L209, 17.8.77, p.1
a
1979 Act of Accession
OJ No. L291, 19.11.79, p.1 at p.78
b
Commission Regulation (EEC) No. 3759/85
OJ No. L356, 31.12.85, p.64
c
Commission Regulation (EEC) No. 1351/87
OJ No. L127, 16.5.87, p.18
d
Commission Regulation (EEC) No. 2773/90
OJ No. L267, 29.9.90, p.25
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th June 1991.
John Selwyn Gummer
Minister of Agriculture Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
14th June 1991


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) (Amendment) Order 1991 and shall come into force on 14th August 1991.
2
In this Order any reference to the principal Order is a reference to the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990 .
Partial suspension of the principal Order
2
1
This article shall apply in the case of the following schools, that is to say —
In the County of Dyfed:
Tasker-Millward School
Sir Thomas Picton School
In the County of Powys:
Beguildy Church in Wales School
Builth Wells Special Unit
Crickhowell County Primary School
Crossgates County Primary School
Cwmdu Church in Wales School
Franksbridge County Primary School
Gladestry Church in Wales School
Hafren Deaf Unit
Howey Church in Wales School
Knighton Church in Wales School
Llanbedr Church in Wales School
Llanbister County Primary School
Llandrindod Wells County Primary School
Llandrindod Wells Deaf Unit
Llandrindod Wells Special Unit
Llanfaes Deaf Unit
Llanfihangel Rhydithion County Primary School
Llangattock Church in Wales School
Llangynidr County Primary School
Mount Street Special Unit
Nantmel Church in Wales School
Newbridge-on-Wye Church in Wales School
Penrhos Special Unit
Presteigne County Primary School
Radnor Valley County Primary School
Rhayader Church in Wales School
Talybont-on-Usk Church in Wales School
Trefonnen Church in Wales School
Whitton Church in Wales School
2
In relation to a school mentioned in paragraph (1) above, to the extent to which the principal Order came into force on 1st August 1990 in pursuance of article 2(a) (pupils in the first year of the First Key Stage), article 3(a) (pupils in the first year of the Second Key Stage), or article 5(a) thereof (pupils in the first year of the third Key Stage), that Order —
a
shall cease to be in force, and
b
accordingly, shall be of no effect until again brought into force in pursuance of article 10A of that Order as amended by article 3 of this Order.
Amendment of the principal Order
3
1
In article 1(1) of the principal Order (citation and commencement), after the words “Order 1990 and” there shall be inserted the words, “save as otherwise provided in article 10A,”.
2
After article 10 of the principal Order there shall be inserted the following article —
10A
1
This article shall apply in the case of a school specified in Schedules 3, 4, 5 or 6 “a specified school” and, for the purposes thereof, in relation to a specified school, any reference to the relevant Part is a reference to the Part of the Schedule in which it is specified.
2
In relation to a specified school, this Order, so far as it relates to a key stage specified in the relevant Part, shall come into force in respect of pupils in a year of that key stage so specified on the date specified opposite thereto in the relevant Part.
3
After Schedule 2 to the principal Order there shall be added the Schedules set out in the Appendix to this Order.
4
After article 10A of the principal Order there shall be inserted the following article —
10B
1
This article shall apply in the case of a school specified in Schedule 7 “a specified school”.
2
In relation to a specified school in Part I of Schedule 7 the provisions of article 6 of the principal Order (which relate to the coming into force of the Order in the Fourth Key Stage in a school where Welsh is taught) shall not apply.
3
In relation to a specified school in Part II of Schedule 7 the provisions of article 10 of the principal Order (which relate to the date of the coming into force of the Order in the Fourth Key Stage in a school where Welsh is not taught) shall not apply.
.
David Hunt
Secretary of State for Wales
17th July 1991
APPENDIX
SCHEDULE 3
SCHOOLS IN THE COUNTY OF DYFED
Article 10A
PART I
The school specified in this Part is the following school —
Tasker-Millward School
Sir Thomas Picton School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1992 Second year of that Key Stage 1st August 1993 Third year of that Key Stage 1st August 1994
PART II
The schools specified in this Part are the following schools —
Greenhill School
Milford Haven School
Specified key stage and year Date of coming into force
First year of Third Key Stage Second year of that Key Stage Third year of that Key Stage 1st August 1994 1st August 1995 1st August 1996
SCHEDULE 4
SCHOOLS IN THE COUNTY OF GWENT
Article 10A
PART I
The schools specified in this Part are the following schools —
Alway Infants School
Durham Road Infants School
Lliswerry Infants School
Maindee Infants School
Malpas Church Infants School
Millbrook Infants School
Milton Infants School
Monnow Infants School
Pembroke Road Infants School
Portskewett Infants School
Ringland Infants School
Sandy Lane Infants School
St Andrews Infants School
St Julians Infants School
West End Infants School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1993 Second year of that Key Stage 1st August 1994
PART II
The schools specified in this Part are the following schools —
Brynglas Primary School
Clytha Primary School
Crindau Primary School
Durand Primary School
Eveswell School
Langstone Primary School
Llanmartin Primary School
Magor VA Primary School
Malpas Court Primary School
Malpas Park Primary School
Rogiet Primary School
Shirenewton Primary School
Somerton Primary School
St Woolos Primary School
Sudbrook Primary School
The Dell School
Thornwell Primary School
Undy Primary School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1993 Second year of that Key Stage 1st August 1994 First year of Second Key Stage 1st August 1995 Second year of that Key Stage 1st August 1996 Third year of that Key Stage 1st August 1997 Fourth year of that Key Stage 1st August 1998
PART III
The schools specified in this Part are the following schools —
Caerleon End. Infants School
Coed Eva Infants School
Fairwater Infants School
Griffithstown Infants School
Lodge Hill Infants School
New Inn Infants School
North Road Infants School
Osbaston Infants School
Penygarn Infants School
Raglan Infants School
Upper Cwmbran Infants School
Woodlands Infants School
Wyesham Infants School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995
PART IV
The schools specified in this Part are the following schools —
Abergavenny RC School
Abersychan RC School
Blaenafon RC School
Brookfield Primary School
Cross Ash Primary School
Cwmbran RC School
Cwmffrwdoer Primary School
Garndiffaith Primary School
Goytre Fawr Primary School
Greenlawn School
Greenmeadow Primary School
Henllys Primary School
Hillside Primary School
Hollybush Primary School
Kemys Fawr Infants School
Llandogo Primary School
Llanyrafon Primary School
Maendy Primary School
Oakfield Primary School
Overmonnow Primary School
Park Terrace Primary School
Pentwyn Primary School
Ponthir Primary School
Pontnewydd Primary School
Pontnewydd RC School
Pontnewynydd School
Pontymoile Primary School
Pontypool RC School
St Peters Primary School
Trellech School
Usk Primary School
Varteg Primary School
Victoria Primary School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 First year of Second Key Stage 1st August 1996 Second year of that Key Stage 1st August 1997 Third year of that Key Stage 1st August 1998 Fourth year of that Key Stage 1st August 1999
PART V
The schools specified in this Part are the following schools —
Alway Junior School
Caldicot Green Lane Junior School
Caldicot St Mary’s Junior School
Durham Road Junior School
Lliswerry Junior School
Maindee Junior School
Malpas Church Junior School
Millbrook Junior School
Milton Junior School
Monnow Junior School
Pembroke Road Junior School
Ringland Junior School
St Andrews Junior School
St Julians Junior School
Specified key stage and year Date of coming into force
First year of Second Key Stage 1st August 1995 Second year of that Key Stage 1st August 1996 Third Year of that Key Stage 1st August 1997 Fourth year of that Key Stage 1st August 1998
PART VI
The schools specified in this Part are the following schools —
Caerleon End. Junior School
Coed Eva Junior School
Croesyceiliog Junior School
Fairwater Junior School
Griffithstown Junior School
Lodge Hill Junior School
Osbaston Junior School
Overmonnow Junior School
Penygarn Junior School
Raglan Junior School
Woodlands Junior School
Wyesham Junior School
Specified key stage and year Date of coming into force
First year of Second Key Stage 1st August 1996 Second year of that Key Stage 1st August 1997 Third year of that Key Stage 1st August 1998 Fourth year of that Key Stage 1st August 1999
PART VII
The School specified in this Part is the following school —
Chepstow Secondary School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1993 Second year of that Key Stage 1st August 1994
PART VIII
The schools specified in this Part are the following schools —
Bettws Secondary School
Caldicot Secondary School
Hartridge Secondary School
St Julians Secondary School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1993 Second year of that Key Stage 1st August 1994 Third year of that Key Stage 1st August 1995 First year of Fourth Key Stage 1st August 1996 Second year of that Key Stage 1st August 1997
PART IX
The School specified in this Part is the following school —
Monmouth Secondary School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995
PART X
The schools specified in this Part are the following schools —
Abersychan Secondary School
Caerleon Secondary School
Croesyceiliog Secondary School
St Albans Secondary School
Trevethin Secondary School
West Mon Secondary School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 Third year of that Key Stage 1st August 1996 First year of Fourth Key Stage 1st August 1997 Second year of that Key Stage 1st August 1998
SCHEDULE 5
SCHOOLS IN THE COUNTY OF POWYS
Article 10A
PART I
The schools specified in this Part are the following schools —
Crickhowell County Primary School
Crossgates County Primary School
Cwmdu Church in Wales School
Franksbridge County Primary School
Howey Church in Wales School
Llanbedr Church in Wales School
Llanbister County Primary School
Llandrindod Wells County Primary School
Llanfihangel Rhydithon County Primary School
Llangattock Church in Wales School
Llangynidr County Primary School
Nantmel Church in Wales School
Newbridge-on-Wye Church in Wales School
Rhayader Church in Wales School
Talybont-on-Usk Church in Wales School
Trefonnen Church in Wales School
Specified key stage and year Date of coming into force
First year of First Key Stage 21st August 1991 Second year of that Key Stage 1st August 1992 First year of Second Key Stage 1st August 1993 Second year of that Key Stage 1st August 1994 Third year of that Key Stage 1st August 1995 Fourth year of that Key Stage 1st August 1996
PART II
The schools specified in this Part are the following schools —
Beguildy Church in Wales School
Builth Wells Special Unit
Gladestry Church in Wales Shool
Hafren Deaf Unit
Knighton Church in Wales School
Llandrindod Wells Deaf Unit
Llandrindod Wells Special Unit
Llanfaes Deaf Unit
Mount Street Special Unit
Penrhos Special Unit
Presteign County Primary School
Radnor Valley County Primary School
Whitton Church in Wales (A) School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1992 Second year of that Key Stage 1st August 1993 First year of Second Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 Third year of that Key Stage 1st August 1996 Fourth year of that Key Stage 1st August 1997
PART III
The schools specified in this Part are the following schools —
Brynllywarch Residential School
Crickhowell Special Unit
Cyfronydd Residential Shool
Ysgol Cedewain Junior School
Ysgol Cedewain Senior Unit
Ysgol Penmaes
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1993 Second year of that Key Stage 1st August 1994 First year of Second Key Stage 1st August 1995 Second year of that Key Stage 1st August 1996 Third year of that Key Stage 1st August 1997 Fourth year of that Key Stage 1st August 1998
SCHEDULE 6
SCHOOLS IN THE COUNTY OF SOUTH GLAMORGAN
Article 10A
PART I
The school specified in this Part is the following school —
Presswood House School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995
PART II
The school specified in this Part is the following school —
Pentwyn School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 First year of Second Key Stage 1st August 1996 Second year of that Key Stage 1st August 1997 Third year of that Key Stage 1st August 1998 Fourth year of that Key Stage 1st August 1999
PART III
The schools specified in this Part are the following schools —
The Court School
Lindens Residential School
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 First year of Second Key Stage 1st August 1996 Second year of that Key Stage 1st August 1997 Third year of that Key Stage 1st August 1998 Fourth year of that Key Stage 1st August 1999 First year of Third Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 Third year of that Key Stage 1st August 1996
PART IV
The schools specified in this Part are the following schools —
Ashgrove School
Maes-y-Coed School
Meadowbank Residential School
Ty Gwyn School
Ysgol Maes Dyfan
Specified key stage and year Date of coming into force
First year of First Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 First year of Second Key Stage 1st August 1996 Second year of that Key Stage 1st August 1997 Third year of that Key Stage 1st August 1998 Fourth year of that Key Stage 1st August 1999 First year of Third Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 Third year of that Key Stage 1st August 1996 First year of Fourth Key Stage 1st August 1997 Second year of that Key Stage 1st August 1998
PART V
The school specified in this Part is the following school —
Riverbank School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1994 Second year of that Key 1st August 1995 Stage Third year of that Key Stage 1st August 1996
PART VI
The schools specified in this Part are the following schools —
Greenhill Residential School
Harvey Jones Adolescent Unit
Ysgol Erw'r Delyn
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1994 Second year of that Key Stage 1st August 1995 Third year of that Key Stage 1st August 1996 First year of Fourth Key Stage 1st August 1997 Second year of that Key Stage 1st August 1998
PART VII
The schools specified in this Part are the following schools —
Cathays High School
Fitzalan High School
Llanilltud Fawr Comprehensive School
Specified key stage and year Date of coming into force
First year of Third Key Stage 1st August 1992 Second year of that Key Stage 1st August 1993 Third year of that Key Stage 1st August 1994 First year of Fourth Key Stage 1st August 1995 Second year of that Key Stage 1st August 1996
PART VIII
The school specified in this Part is the following school —
Woodlands High School
Specified key stage and year Date of coming into force
First year of Fourth Key Stage 1st August 1997 Second year of that Key Stage 1st August 1998
SCHEDULE 7
Article 10B
PART I
SCHOOLS IN THE COUNTY OF CLWYD
Darland High School, Rossett
St David’s High School, Saltney
The Maelor School, Penley
SCHOOLS IN THE COUNTY OF DYFED
Greenhill School, Tenby
Milford Haven School
Pembroke School
Sir Thomas Picton School, Haverfordwest
Tasker-Millward School, Haverfordwest
PART II
SCHOOLS IN THE COUNTY OF GWENT
Chepstow Comprehensive School
Monmouth Comprehensive School


text:
Title, commencement and interpretation
1
–
1
This Order may be cited as the Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1991 and shall come into force on 13th December 1991.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
Fishing for sole (Solea vulgaris)–
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1992.
Powers of British sea-fishery officers in relation to fishing boats
3
–
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
9th December 1991
David Hunt
Secretary of State for Wales
11th December 1991
P.L. Brooke
Secretary of State for Northern Ireland
11th December 1991


text:
Citation and commencement
1
1
This Order may be cited as the Bolton, Bury and Salford (District Boundaries) Order 1991.
2
This Order shall come into force on 6th December 1991 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1992. this Order“Bolton” means the metropolitan borough of Bolton, and “Bury” means the metropolitan borough of Bury;
“map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the Bolton, Bury and Salford (District Boundaries) Order 1991”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Salford” means the city of Salford; and
any reference to a ward is a reference to a ward of the metropolitan borough or city to which an area is transferred by this Order.
Transfers from Bolton to Bury
3
The areas which are marked B15 on map 2 and B16 on map 3 shall be transferred from Bolton to Bury, to the Bury petty sessional division, and to the Greater Manchester North coroner"s district. The area marked B15 shall additionally be transferred to the Tottington ward, and that marked B16 to the Radcliffe Central ward.
Transfers from Bolton to Salford
4
The areas which are marked B1, B4, B6, B11 and B13 on map 1 shall be transferred from Bolton to Salford, and to the Eccles petty sessional division. The areas marked B1, B4 and B6 shall additionally be transferred to the Little Hulton ward, and those marked B11 and B13 to the Walkden North ward
Transfers from Salford to Bolton
5
The areas which are marked B2, B3, B5, B7, B8, B9, B10, B12 and B14 on map 1 shall be transferred from Salford to Bolton, and to the Bolton petty sessional division. The area marked B2 shall additionally be transferred to the Daubhill ward, the areas marked B3, B5 and B7 to the Harper Green ward, those marked B8 and B9 to the Farnworth ward, and those marked B10, B12 and B14 to the Kearsley ward.
Town and country planning
6
1
In this article, “provision” means a provision of a development plan (as defined in section 336 of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robert Key
Parliamentary Under Secretary of State,
Department of the Environment
8th November 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (General) Amendment Regulations 1991 and shall come into force on 14th October 1991 immediately following the coming into force of such provisions of the Children Act 1989 as are mentioned in article 3(2) of the Children Act 1989 (Commencement and Transitional Provisions) Order 1991 .
2
In these Regulations the expression “the General Regulations ” means the Child Benefit (General) Regulations 1976 .
Amendment of regulation 3 of the General Regulations
2
In regulation 3 of the General Regulations (child in residential accommodation in prescribed circumstances) from the words “section 12 of the Health Services” to the end there shall be substituted the following words —
paragraph 2 of Schedule 8 to the National Health Service Act 1977 , the Children Act 1989 or section 37 of the National Health Service (Scotland) Act 1978 ) are any circumstances in which a child —
who has attained the age of eighteen is in residential accommodation pursuant to arrangements made under the said paragraph 2 or the said section 37; or
is in residential accommodation pursuant to arrangements made under section 17(1) of the Children Act 1989 (provision of services for children in need) and is a child to whom —
section 17(10)(b) of the Chidren Act 1989 (impairment of health or development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him; or
section 17(10)(c) of the Children Act 1989 (disability) applies.
.
Amendment of regulation 16 of the General Regulations
3
1
Regulation 16 of the General Regulations (children in detention, care etc. ) shall be amended in accordance with paragraphs (2) and (3) of this regulation.
2
In paragraph (5) at the end there shall be added the following sub-paragraphs —
f
provided with accommodation by a local authority under sections 20 or 21(2)(c) of the Children Act 1989 (provision of accommodation for children);
g
treated by virtue of paragraph 20 of Schedule 14 to the Children Act 1989 (children in voluntary care) as a child who is provided with accommodation under Part III of that Act; or
h
in the care of a local authority pursuant to a care order within the meaning of section 105(1) of the Children Act 1989 (interpretation).
.
3
In paragraph (9) for the words “section 21 of the Child Care Act 1980 ” there shall be substituted the words “section 23 of the Children Act 1989”.
Signed by authority of the Secretary of State for Social Security.
Michael Jack
Parliamentary Under-Secretary of State,
Department of Social Security
18th September 1991


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1991, and shall come into force on 2nd February 1991.
Interpretation
2
In this Order —
“the Council Regulation” means the Regulation adopted by the Council of the European Communities on 20th December 1990, fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1991 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order, as read with any qualifying words relating to that provision in that column.
Offences
3
Where there is, in respect of —
a
any fishing boat registered in the United Kingdom wherever it may be, or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Article 114(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in that article.
Powers of British sea-fishery officers
6
1
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may go on board any fishing boat registered in the United Kingdom wherever it may be or any other fishing boat which is within British fishery limits;
b
may require any such boat to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the boat or any other person on board;
d
may require any person on board to assist him in the performance of his functions;
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 3 of this Order has been committed in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits, the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transshipment, sale or disposal of sea fish;
d
may take copies of any such document;
and, if he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain any such document produced to him or found on the premises.
6
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of officers
7
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary convicton to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate
9
Where an offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Proceedings
10
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation and saving
11
The Sea Fishing (Enforcement of Community Quota Measures) Order 1990 is hereby revoked, but without prejudice to the application of articles 6 to 8 of that Order in relation to the enforcement of article 3 of that Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th January 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
29th January 1991
David Hunt
Secretary of State for Wales
29th January 1991
Peter Brooke
Secretary of State for Northern Ireland
31st January 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Plymouth Community Services National Health Service Trust (Establishment) Order 1991 and shall come into force on1st November 1991.
2
In this Order unless the context otherwise requires– “ the Act ” means the National Health Service and Community Care Act 1990; “community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ; “establishment date” means 1st November 1991; “operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; “the trust” means the Plymouth Community Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Plymouth Community Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Mount Gould Hospital, Mount Gould Road, Plymouth, PL4 7QD and associated hospitals;
b
to manage community health services provided from Mount Gould Hospital, Mount Gould Road, Plymouth, PL4 7QD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Plymouth Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Plymouth Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the Plymouth Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mersey Regional Ambulance Service National Health Service Trust (Establishment) Order 1991 and shall come into force on1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mersey Regional Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Mersey Regional Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to manage ambulance and patient transport services provided from Ambulance Headquarters, Elm House, Belmont Grove, Liverpool, L6 4EG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
South Sefton Health Authority and Chester Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
South Sefton Health Authority and Chester Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
South Sefton Health Authority and Chester Health Authority shall agree between them which staff, facilities and premises shall be made available by each of them in accordance with paragraph (1) of this regulation, and which of them shall discharge which liabilities of Trust in accordance with paragraph (2) of this regulation, and, in default of such agreement with respect to any particular matter, that matter shall be determined by Merseyside Regional Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
These Regulations may be cited as the Heating Appliances (Fireguards) (Safety) Regulations 1991 and shall come into force on 31st December 1991.
2
The Heating Appliances (Fireguards) Regulations 1973 and the Heating Appliances (Fireguards) Regulations (Northern Ireland) 1975 are hereby revoked.
3
In these Regulations:–
a
“ BS 1945” means the British Standard Specification for Fireguards for Heating Appliances (Gas, Electric and Oil-Burning) BS 1945: 1971 published on 30th July 1971 as amended by Amendment No 1. published on 12th April 1972 subject to any further amendments made thereto and approved by the Secretary of State;
b
“flue box” means an enclosure constructed to perform the function of a fireplace recess;
c
“gas fire” includes:–
i
a gas burning heating appliance in which the source of the gas is in liquid form or the gas is contained in a portable container; and
ii
a gas burning appliance intended to simulate a solid fuel fire;
d
“heating appliance” means a gas fire or oil heater;
e
“residential premises” includes premises intended for temporary accommodation except tents but does not include any part of residential premises which consists of out-buildings such as garages or greenhouses.
4
No person shall supply, offer to supply, agree to supply, expose for supply or possess for supply any heating appliance in respect of which any of the requirements of these Regulations is not satisfied.
5
Subject to regulation 6 below, a heating appliance shall be fitted with a guard such that the appliance is capable of satisfying the following tests and requirements specified in BS 1945:–
a
Clause 1.3 (which contains design and performance requirements which apply to all types of heating appliances); and in the case of gas fires:
b
Clause 2; and in the case of oil heaters:
c
Clause 4.
6
These Regulations shall not apply:–
1
to any heating appliance fitted with a guard such that the appliance complies with any standard or specification recognised for use in a member State of the European Economic Community where such compliance provides a level of safety equivalent to that which would be provided if the appliance satisfied the tests and requirements specified by those Clauses of BS 1945 which are relevant, pursuant to regulation 5, to the type of appliance in question;
2
to any heating appliance which is not ordinarily intended for use in residential premises;
3
to a heating appliance which is so constructed that when the appliance is burning gas or oil, any flame is enclosed within the appliance so that:–
a
there is no likelihood of personal injury from burning, and
b
there is no likelihood of ignition of any fabric, by reason of, in either case, contact with or closeness to any flame or any part of the appliance which becomes incandescent; or
4
to any gas fire which is:–
a
designed for installation in a fireplace recess or a flue box; and
b
supplied with clear instructions in English for installation in terms such that when those instructions are followed the installed fire will meet the conditions set out in the Schedule to these Regulations.
Edward Leigh
Parliamentary Under Secretary of State, 28th November 1991
Department of Trade and Industry


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Third Amendment) Regulations 1991 and shall come into force on 1st January 1992.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1989 shall be amended as follows:
1
For Schedule 2 thereof there shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) Country (2) Publications in which FIRS are described (3) Unit Rate in ECUs (4) Established at aRate of exchange of
†
Excluding Shanwick FIR
Austria AIP Austria 54.821 ECU 037 14.4587 Sch Belgique AIP Belgique 71.161 ECU 037 42.2887 BF Cyprus AIP Cyprus 16.261 ECU 037 0.559973 £Cy France AIP France(France Metro-politaine) 59.371 ECU 037 6.97234 FF Germany AIP Germany 71.851 ECU 037 2.05434 DM Greece AIP Greece 17.951 ECU 037 224.787 Dra Ireland,Republic of AIP Ireland 24.401 ECU 037 0.767997 £Ir Malta AIP Malta 80.991 ECU 037 0.393039 Lm Netherlands AIP Netherlands 51.451 ECU 037 2.31441 G Portugal AIP Portugal 49.881 ECU 037Santa MariaFIRS 14.57 177.334 Esc Spain AIP Espana Madrid &1 ECU 037BarcelonaFIRS — 41.86CanariesFIRS — 51.13 128.669 Pts Switzerland AIP Switzerland 75.721 ECU 037 1.78054 SF Turkey AIP Turkey 42.491 ECU 037 5029.97 LT United Kingdom United Kingdom Air Pilot 95.421 ECU 037 £0.697132
2
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) Aerodrome of departure (or of first destination) situated (2) Aerodromes of first destination (or of departure) (3) Amount of the chargein ECUs
ZONE I — between WO1400 and W11000 and North of N5500 with the exception of Iceland Frankfurt 1373.69 London 934.43 Paris 1209.27 Prestwick 489.50 ZONE II — between WO4000 and W11000 and N2800 and N5500 AbidjanAmman 188.681738.00 Amsterdam 900.83 Athens 1200.09 Banjul 182.85 Barcelona 718.98 Basle 906.55 Belfast 208.75 Belgrade 1456.02 Berlin 1161.43 Birmingham 512.41 Bordeaux 506.71 Brussels 843.35 Budapest 1459.03 Cairo 1693.22 Cardiff 323.95 Casablanca 436.51 Cologne-Bonn 970.42 Copenhagen 820.90 Dakar 192.03 Dublin 139.89 Dubrovnik 1399.38 Dusseldorf 1013.66 Frankfurt 1096.92 Geneva 856.30 Glasgow 315.61 Hamburg 1032.01 Helsinki 532.44 Jeddah 1100.10 Lagos 183.73 Las Palmas(Canary Islands) 550.31 Lille 747.10 Lisbon 490.49 Llubljana 1333.63 London 595.98 Luxembourg 973.91 Lyons 792.99 Maastricht 919.69 Madrid 524.54 Malaga 729.51 Manchester 462.88 Manston 668.27 Milan 969.82 Monrovia 182.85 Moscow 553.84 Munich 1323.07 Nantes 474.51 Naples 1016.44 Newcastle 501.30 Nice 985.11 Oporto 346.05 Oslo 553.44 Ostend 755.33 Paris 729.82 Ponta Delgada(Azores) 189.70 Prague 1201.60 Prestwick 315.61 Riyadh 1576.47 Rome 1014.76 Sal Island (Cape Verde) 213.45 Santa Maria (Azores) 202.96 Santiago 244.66 Shannon 92.72 Stockholm 553.44 Stuttgart 1106.07 Tel Aviv 1520.02 Tenerife 508.34 Toulouse-Blagnac 664.41 Turin 1065.98 Vienna 1427.21 Warsaw 761.16 Zagreb 1456.02 Zurich 1048.86 ZONE III — West of W11000 and between N2800 and N5500 AmsterdamCopenhagen 1034.84853.05 Dusseldorf 1118.15 Frankfurt 1149.83 Geneva 1338.02 London 873.49 Luxembourg 1232.84 Madrid 395.38 Manchester 693.10 Milan 1043.69 Paris 979.53 Prestwick 437.02 Shannon 88.33 Zurich 1425.11 ZONE IV — West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 940.92 Berlin 1054.74 Brussels 823.04 Cologne-Bonn 998.54 Copenhagen 862.03 Dusseldorf 988.31 Frankfurt 998.55 Helsinki 539.12 London 601.07 Madrid 735.64 Manchester 424.43 Milan 910.08 Munich 1137.39 Oslo 545.80 Paris 589.42 Prague 1205.03 Rome 975.99 Sal Island (Cape Verde) 119.33 Santa Maria (Azores) 204.13 Shannon 194.76 Stockholm 601.81 Vienna 1370.40 Zurich 949.88 ZONE V — West of WO4000 and between the equator and N2000 Amsterdam 1107.93 Basle 1168.78 Bordeaux 901.65 Cologne-Bonn 1083.71 Dusseldorf 1064.25 Frankfurt 1120.94 Helsinki 718.99 Las Palmas (Canary Islands) 660.29 Lisbon 667.48 London 878.33 Lyons 1094.69 Madrid 840.79 Manchester 678.59 Marseilles 1202.91 Milan 1253.00 Munich 1208.59 Nantes 735.96 Oporto 649.03 Paris 946.31 Porto Santo (Madeira) 411.00 Prestwick 417.76 Rome 1285.10 Santa Maria (Azores) 267.07 Santiago 620.81 Shannon 318.39 Stockholm 1256.86 Tenerife 655.18 Toulouse-Blagnac 1031.21 Zurich 1161.18
Signed by authority of theSecretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
4th December 1991


text:
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Detention and Forfeiture of Drug Trafficking Cash) Order 1991 and shall come into force on 2nd September 1991.
2
For the purposes of section 25(1) of the Criminal Justice (International Cooperation) Act 1990 (power to seize and detain drug trafficking money imported or exported in cash) the prescribed sum shall be £10,000.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
5th August 1991


text:
Citation and commencement
1
These Rules may be cited as the Immigration Appeals (Procedure) (Amendment) Rules 1991 and shall come into force on 31st October 1991.
Amendment of Immigration Appeals (Procedure) Rules 1984
2
In rule 27 of the Immigration Appeals (Procedure) Rules 1984, for “10 miles” there shall be substituted “16 kilometres”.
Mackay of Clashfern, C
8th July 1991


text:
Citation and commencement
1
This Order may be cited as the Children (Admissibility of HearsayEvidence) Order 1991 and shall come into force on 14th October 1991.
Admissibility of hearsay evidence
2
In civil proceedings before the High Court or a county court and infamily proceedings in a magistrates' court, evidence given in connectionwith the upbringing, maintenance or welfare of a child shall beadmissible notwithstanding any rule of law relating to hearsay.
Revocation
3
The Children (Admissibility of Hearsay Evidence) Order 1990 is revoked.
Mackay of Clashfern, C.
2nd May 1991