text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No. 4 Order 1990 and shall come into force on 1st October 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 29th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
b
the slaughter of a sheep which —
i
is moved from any place in accordance with a consent given under the said section 2(1) on or after 1st October 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
c
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) or (b) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 14th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 29th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 1st October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 1st October 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or
iii
was moved from any place in accordance with such a consent given on or after 30th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd September 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Police Cadets (Amendment No. 2) Regulations 1990.
2
These Regulations shall come into force on 1st February 1991 and shall have effect for the purposes of regulation 3(a) and (b) as from 1st September 1990.
3
The Police Cadets Regulations 1979 shall be amended as follows:
a
in regulation 13(1), there shall be substituted for paragraphs (a) and (b) thereof the words “Schedule 2 hereto”;
b
for the Table in Schedule 2 (scales of pay) there shall be substituted the following Table —
Table
Age London Provinces
Pay from 1st September 1990 Under 17 years £4,704 a year £4,002 a year 17 years £4,947 a year £4,245 a year 18 years or over £5,427 a year £4,725 a year.
c
for paragraph 2 of Schedule 3 (charge for board and lodging) there shall be substituted the following paragraph —
2
The annual rate of charge shall be —
a
in the case of a police cadet attached to the Metropolitan Police force, £603;
b
in any other case, £558.
.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
20th December 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron London Limited) (Lambeth and Southwark) Order 1990 and shall come into force on 9th July 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
4th June 1990


text:
1
The Cheshire County Council (Shropshire Union Canal Tunnel, Chester) Scheme 1990 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter known as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; The North West Network Management Division, Department of Transport, Sunley Tower, Piccadilly Plaza, Manchester M1 4BE; The Cheshire County Council, County Hall, Chester and The Chester City Council, Town Hall, Chester.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument can be cited as the Cheshire County Council (Shropshire Union Canal Tunnel, Chester) Scheme 1990 Confirmation Instrument 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
10th September 1990


text:
Title and commencement
1
This Order may be cited as the Movement of Animals (Restrictions) Order 1990 and shall come into force on 28th March 1990.
Extension of definition of “animals” and “disease”
2
For the purposes of the Act in its application to this Order–
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise any kind of mammal except man and any kind of four-footed beast which is not a mammal; and
b
the definition of “disease” in section 88(1) of the Act is hereby extended so that it shall comprise any disease of animals.
Interpretation and application
3
1
In this Order–
“the Act” means the Animal Health Act 1981;
“carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, skin, offal or any other part of an animal or any portion thereof;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“premises” includes land with or without buildings;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
Any reference in this Order to a lettered form is a reference to the Form bearing that letter in the Schedule to this Order.
3
This Order does not apply to any disease the existence of which on any premises may be ascertained by a veterinary inspector in pursuance of the provisions of any other Order made under the Act or an Order which has effect as if so made.
Restrictions on movement of animals in cases of disease or suspected disease
4
1
If a veterinary inspector has reasonable grounds for supposing that disease exists on any premises he may serve a notice in Form A on the occupier or person in charge of the premises prohibiting the movement of any animal, carcase or other thing described in the notice on to or off the premises, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.
2
A notice in Form A–
a
may contain such other restrictions or requirements with regard to the premises to which it relates or with regard to persons, animals, carcases or other things on such premises as the veterinary inspector may consider necessary for the purpose of preventing the spread of disease; and
b
shall continue in force until it is withdrawn by a notice in Form B served by a veterinary inspector on the occupier or person in charge of the premises to which the notice in Form A relates.
3
A notice in Form A shall be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form A relates if he is satisfied that–
a
the disease which a veterinary inspector had reasonable grounds for supposing existed on the premises to which the notice in Form A relates does not so exist; or
b
the keeping in force of the notice in Form A is no longer necessary for the purposes of this Order.
4
If any person fails to comply with any of the restrictions on the movement of any animal, carcase or other thing imposed by a notice in Form A, or with any other restrictions or requirement imposed by such a notice, an inspector or other officer of the Ministry or an inspector of the local authority may, without prejudice to any proceedings for an offence arising out of such contravention or default, seize or cause to be seized any animal, carcase or other thing which has been moved in contravention of any provision of the notice and detain it at such place as he shall consider appropriate until the notice in Form A is withdrawn by a notice in Form B, or, as the case may be, take, or cause to be taken, such other action as may be necessary so as to ensure that any other restriction or requirement imposed by the notice is complied with.
5
The amount of any expenses reasonably incurred by an inspector or other officer of the Ministry or by an inspector of the local authority in the exercise of the powers under paragraph (4) above shall be recoverable as a civil debt by the Minister or, as the case may be, by the local authority from the person who caused or permitted such contravention or, as the case may be, from the person in default.
Veterinary enquiry as to the existence of disease
5
1
For the purposes of ascertaining whether or not disease exists on any premises in respect of which a notice in Form A has been served a veterinary inspector may–
a
carry out such inquiries, examinations and tests; and
b
take such samples,
as he may consider necessary for the purpose of diagnosis.
2
A veterinary inspector may mark, or cause to be marked, for identification purposes any animal, carcase or other thing in relation to which any of the powers under paragraph (1) above has been exercised.
3
The occupier or person in charge of the premises or any person in his employment shall render such reasonable assistance to a veterinary inspector as he may require for the purpose of facilitating the exercise of his powers under paragraph (1) or (2) above.
Cleansing and disinfection
6
1
Where a notice in Form A has been served in respect of any premises a veterinary inspector may serve a notice in writing on the occupier or person in charge of the premises requiring him to cleanse and disinfect the premises in the manner specified in the notice and within such time as may be so specified.
2
If any person on whom a notice has been served under paragraph (1) above fails to comply with the requirements of the notice, an inspector or other officer of the Ministry or an inspector of the local authority may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the cleansing and disinfection required by the notice, and the amount of any expenses reasonably incurred by him in doing so shall be recoverable as a civil debt by the Minister, or, as the case may be, by the local authority from the person in default.
General provisions as to licences
7
1
A veterinary inspector may, where he considers it necessary for the purpose of preventing the spread of disease, revoke or vary any licence issued under this Order by notice in writing served on the person to whom the licence was issued.
2
A licence issued under this Order shall accompany whatever is being moved under its authority and any person acting under the authority of such a licence shall, on demand made by an inspector or other officer of the Ministry or by an inspector of the local authority or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
8
Any person who, without lawful authority or excuse, proof of which shall lie on him,–
a
defaces, obliterates or removes any mark applied to any animal, carcase or other thing by or under any provision of this Order;
b
contravenes any provision of this Order or any provision of a licence issued, or of a notice served, under this Order;
c
fails to comply with any such provision or with any condition of any such licence or notice; or
d
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
9
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State Scottish Office
26th March 1990
Peter Walker
Secretary of State for Wales
27th March 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1990 and shall come into force on 2nd April 1990.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
3
In regulation 20(4) for the Table there shall be substituted the following Table–
TABLE
FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI
Column 1 Description of Vehicle Column 2 Normal Fee Column 3 Saturday Fee
Vehicles in Class VI constructed or adapted to carry more than 12 passengers
£17.75, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
a
£31, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£38.00, in any other case.
b
£62.50 in any other case.
Other vehicles in Class VI
a
£13.25, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
a
£22.25, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£26.50, in any other case.
b
£44.50, in any other case.
.
4
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be specified the amounts specified in column 3 of the Table.
TABLE
1 Regulation 2 Existing Amount 3 Substituted Amount
20(1)(b)(i) £36.25 £38.00 20(1)(b)(ii) £25.25 £26.50 23(2)(a) £ 7.75 £ 8.25
Signed by authority of the Secretary of State
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
5th March 1990


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Regulations 1990 and shall come into force on 9th November 1990
2
In these Regulations unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“appointing authority” in relation to a director means the Secretary of State or Regional Health Authority or the relevant committee as appropriate, which appointed him;
“director” in relation to an NHS Trust includes its chairman;
“executive director” and “non-executive director” have the meaning assigned to them in section 5(5)(a) of the Act. “health service body” means —
a health authority, a Family Health Services Authority or an NHS trust;
a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under section 2, 10 and 12A of the National Health Service (Scotland) Act 1978 ;
a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984 ;
the Dental Practice Board constituted by Regulations having effect under section 37 of the National Health Service Act 1977 ;
the Scottish Dental Practice Board constituted by Regulations having effect under section 4 of the National Health Service (Scotland) Act 1978
the Public Health Laboratory Service Board continued in being by section 5(4) of the National Health Service Act 1977;
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
“general dental practitioner” means a dental practitioner who is providing general dental services in accordance with arrangements under section 35 of the National Health Service Act 1977;
“general medical practitioner” is a medical practitioner who is providing general medical services in accordance with arrangements under section 29 of the National Health Service Act 1977;
“operational date” has the meaning assigned to it in paragraph 3 (1)(e) of Schedule 2 to the Act;
“the relevant committee” means a committee of an NHS trust appointed under either regulation 17 or regulation 18 whichever is appropriate;
“trade union” has the meaning assigned to it in section 28 of the Trade Union and Labour Relations Act 1974 .
3
in regulation 20–
“public body” includes–
any body established for the purposes of carrying on, under national ownership, any industry or part of any industry or undertaking;
the governing body of any university, university college or college, school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means–
shares or debentures, whether constituting a charge on the assets of the company or other body or not, or rights or interests in any shares or such debentures, or
rights (whether actual or contingent) in respect of money lent to or deposited with any industrial and provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
4
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
PART II
MEMBERSHIP
Maximum number of directors
2
The maximum number of directors of an NHS trust shall be eleven.
Appointment of directors
3
1
Of the non-executive directors of an NHS trust whose hospital establishment or facility is situated in England–
a
two shall be appointed by the Regional Health Authority in whose region the hospital establishment or facility is situated, or, if it is situated in more than one region, the Regional Health Authority in whose region it principally carries out its functions; and
b
the remainder, which shall include the person, if any, appointed pursuant to paragraph 3(1)(d) of Schedule 2 to the Act, shall be appointed by the Secretary of State.
2
All of the non-executive directors of an NHS trust whose hospital establishment or facility is situated in Wales shall be appointed by the Secretary of State.
3
The executive directors of an NHS trust shall be appointed by the relevant committee.
Qualifications for appointments
4
1
The executive directors of an NHS trust shall include–
a
the chief officer of the trust;
b
the chief finance officer of the trust;
c
except in the case of a trust mentioned in paragraph (2) a medical or dental practitioner and a registered nurse or registered midwife as defined in section 10(7) of the Nurses, Midwives and Health Visitors Act 1979 .
2
Paragraph 1(c) shall not apply in the case of a trust–
a
which does not provide services directly to patients; or
b
whose principal function is to provide ambulance or patient transport services.
Persons to be regarded as executive directors
5
A person who is not an employee of an NHS trust but–
a
holds a post in a university with a medical or dental school, and also works for the trust; or
b
is seconded from his employers to work for the trust,
is nevertheless, on appointment as a director, to be regarded as an executive rather than a non-executive director of the trust.
Joint directors
6
Where more than one person is appointed jointly to a post in an NHS trust which qualifies the holder for executive directorship or in relation to which an executive director is to be appointed, those persons shall become or be appointed an executive director jointly, and shall count for the purposes of regulation 2 as one person.
Tenure of office of chairman and directors
7
1
Subject to regulation 9, the chairman and non-executive directors of an NHS trust shall be appointed for such period not exceeding four years as the appointing authority may specify on making the appointment.
2
Subject to regulation 8, the tenure of office of executive directors, other than the chief officer and chief finance officer, shall be for such period as the appointing authority may specify on making the appointment.
Tenure and suspension of tenure of office of executive directors
8
1
Subject to paragraphs (2) to (4) and regulation 7(2), an executive director of an NHS trust shall hold office–
a
if he is not the chief officer or the chief finance officer, for as long as he holds a post in the trust;
b
if he is the chief officer or the chief finance officer, for as long as he holds that post in the trust.
2
If the appointing authority is of the opinion that it is not in the interests of the NHS trust that an executive director of an NHS trust other than the chief officer or chief finance officer should continue to hold office as director the appointing authority shall forthwith terminate his tenure of office.
3
If an executive director of an NHS trust is suspended from his post in the trust he shall be suspended from performing his functions as director for the period of his suspension.
4
An executive director other than the chief officer or chief finance officer of an NHS trust may resign his office at any time during the period for which he was appointed by giving notice in writing to the relevant committee.
Termination of tenure of office of chairman and non-executive directors
9
1
The chairman or a non-executive director of an NHS trust may resign his office at any time during the period for which he was appointed by giving notice in writing to the appointing authority.
2
Where during his period of directorship a non-executive director of a trust is appointed chairman of the trust, his tenure of office as non-executive director shall terminate when his appointment as chairman takes effect.
3
If an appointing authority is of the opinion that it is not in the interests of the health service that a person who is appointed as chairman or non-executive director of an NHS trust should continue to hold that office the appointing authority may, subject to the consent of the Secretary of State, unless it is the Secretary of State, forthwith terminate his tenure of office.
4
If a chairman or non-executive director of an NHS trust has not attended a meeting of the trust for a period of six months, the Secretary of State shall forthwith terminate his tenure of office unless the Secretary of State is satisfied that–
a
the absence was due to a reasonable cause; and
b
the chairman or non-executive director will be able to attend meetings of the trust within such period as the Secretary of State considers reasonable.
5
Where a person has been appointed the chairman or non-executive director of an NHS trust–
a
if he becomes disqualified for appointment under regulation 11 the appointing authority shall forthwith notify him in writing of such disqualification; or
b
if it comes to the notice of the appointing authority that at the time of his appointment he was so disqualified it shall forthwith declare that he was not duly appointed and so notify him in writing,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-executive director.
6
If it appears to the Secretary of State that the chairman or non-executive director of an NHS trust has failed to comply with regulation 20 (disclosure etc. on account of pecuniary interest) he may forthwith terminate that person’s tenure of office.
7
Where a person appointed as a non-executive director pursuant to paragraph 3(1)(d) of Schedule 2 to the Act ceases to hold a post in the university in question the Secretary of State shall terminate his appointment as non-executive director.
Eligibility for reappointment
10
1
Subject to regulation 11 the chairman or non-executive director of an NHS trust shall, on the termination of the period of his tenure of office, be eligible for reappointment.
2
An executive director of an NHS trust other than the chief officer and the chief finance officer shall on the termination of the period of his tenure of office be eligible for re-appointment.
Disqualification for appointment of chairman and non-executive directors
11
1
Subject to regulation 12 a person shall be disqualified for appointment as the chairman or non-executive director of an NHS trust if–
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors; or
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body; or
d
he is a person whose tenure of office as the chairman member or director of a health service body has been terminated because his appointment is not in the interests of the health service, for non-attendance at meetings or for non-disclosure of a pecuniary interest;
e
he is a chairman, member, director or employee of a health service body; or
f
he is a general medical practitioner or general dental practitioner or an employee of either of those; or
g
he holds a paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or
h
he has had his name removed, by a direction under section 46 of the National Health Service Act 1977, from any list prepared under Part II of that Act and has not subsequently had his name included in such a list.
2
For the purposes of paragraph (1)(a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires, or if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of it not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his chairmanship, membership or directorship of the health service body.
4
A person shall not be disqualified by paragraph (1)(e) from being the non-executive director of an NHS trust referred to in paragraph 3(1)(d) of Schedule 2 to the Act by reason of his employment with the trust.
Cessation of disqualification
12
1
Where a person is disqualified under regulation 11 (1)(b) by reason of having been adjudged bankrupt–
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 11 (1)(b) by reason of his having made a composition or arrangement with his creditors, if he pays his debts in full the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiry of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4) where a person is disqualified under regulation 11(1)(c) (dismissed employees) he may, after the expiry of a period of not less than two years, apply in writing to the Secretary of State to remove the disqualification and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiration of two years from the date of the application.
5
Where a person is disqualified under regulation 11 (1)(d) (certain chairmen and directors whose appointments have been terminated), the disqualification shall cease on the expiry of a period of two years or such longer period as the appointing authority specifies when terminating his period of office but the Secretary of State may on application being made to him by that person or by that appointing authority, reduce the period of disqualification.
PART III
CONSTITUTION AND PROCEEDINGS
Appointment of vice-chairman
13
1
For the purpose of enabling the proceedings of the trust to be conducted in the absence of the chairman, the directors of an NHS trust may appoint a non-executive director from amongst them to be vice-chairman for such a period, not exceeding the remainder of his term as non-executive director of the trust, as they may specify on appointing him.
2
Any non-executive director so elected may at any time resign from the office of vice-chairman by giving notice in writing to the chairman and the directors of the trust may thereupon appoint another non-executive director as vice-chairman in accordance with paragraph (1).
Powers of vice-chairman
14
Where the chairman of an NHS trust has died or has otherwise ceased to hold office or where he has been unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman able to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
15
1
Subject to regulations 17 and 18 an NHS trust may appoint committees of the trust consisting wholly or partly of directors of the trust or wholly of persons who are not directors of the trust.
2
A committee appointed under this regulation may appoint sub-committees consisting wholly or partly of members of the committee (whether or not they include the directors of the trust) or wholly of persons who are not members of the committee (whether or not they include directors of the trust).
Arrangements for the exercise of functions
16
Subject to regulations 17 and 18 an NHS trust may make arrangements for the exercise, on behalf of the trust, of any of its functions by a committee or sub-committee appointed by virtue of regulation 15 subject to such restrictions and conditions as the trust thinks fit.
Committee for appointing chief officer as director
17
An NHS trust shall appoint a committee whose members shall be the chairman and non-executive directors of the trust whose function will be to appoint the chief officer as a director of the trust.
Committee for appointing executive directors other than chief officer
18
An NHS trust shall appoint a committee whose members shall be the chairman, the non-executive directors and the chief officer whose function will be to appoint the executive directors of the trust other than the chief officer.
Meetings and Proceedings
19
1
The meetings and proceedings of an NHS trust shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules and to regulation 20 an NHS trust shall make and may vary or revoke Standing Orders for the regulation of its proceedings and business and provision may be made in such Standing Orders for the suspension of them.
3
An NHS trust may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meetings of a committee or sub committee but, subject to regulation 20 and to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
4
The proceedings of an NHS trust shall not be invalidated by any vacancy in its membership or by any defect in a director’s appointment.
Disability of directors in proceedings on account of pecuniary interest
20
1
Subject to the following provisions of this regulation, if a director of an NHS trust has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the trust at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration and discussion of the contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation, in any case in which it appears to him in the interests of the health service that the disability shall be removed.
3
An NHS trust may, by Standing Orders made under regulation 19 provide for the exclusion of a director from a meeting of the trust while any contract, proposed contract, or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to a director by virtue of paragraph 9 of Schedule 2 to the Act shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), a director shall be treated for the purposes of this regulation as having indirectly a pecuniary interest in a contract, proposed contract or other matter if–
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration and, in the case of married persons living together, the interest of one spouse shall be deemed for the purpose of this regulation to be also an interest of the other.
6
A director shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only–
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body;
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a director in the consideration or discussion of or in voting on, any question with respect to that contract or matter.
7
Where a director–
a
has an indirect pecuniary interest in a contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has the beneficial interest does not exceed one hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in consideration or discussion of the contract or other matter or from voting on any question in respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee of an NHS trust as it applies to the trust and applies to any member of any such committee or sub-committee (whether or not he is also a director of the trust) as it applies to a director of the trust.
K. Clarke
Secretary of State for Health
12th October 1990
David Hunt
Secretary of State for Wales
12th October 1990


text:
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Third Amendment) Regulations 1990, and shall come into force on 1st January 1991.
Amendment of the Air Navigation (Dangerous Goods) Regulations 1985
2
The Air Navigation (Dangerous Goods) Regulations 1985 shall be amended as follows —
1
In regulation 3(1), there shall be substituted for the sub-paragraph commencing with the words “consignment” the following —
“consignment” means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address receipted for in one lot and moving to one consignee at one destination address;
.
2
In regulation 3(1), in the definition of “Technical Instructions” for “1989 — 1990” there shall be substituted “1991 — 1992”.
3
For regulation 4(3) there shall be substituted the following —
3
These Regulations shall not apply to dangerous goods of a type specified in Chapters 1.1.2(a), 1.1.2(b) and 2.3 of Part 1 and Chapter 1.2 of Part 9 of the Technical Instructions which are carried, loaded or suspended in accordance with the provisions of the aforesaid Chapters 1.1.2(a), 1.1.2(b) and 2.3 of Part 1 and Chapter 1.2 of Part 9 and which are —
a
articles and equipment which are required to be carried on an aircraft by or under the Air Navigation Order 1989 or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with normal practice whether or not, in either case, such articles and equipment are required to be carried or intended to be used on that particular flight;
b
solely intended for the use of passengers or crew members or for sale to the passengers or crew members of the aircraft during the flight in question;
c
to provide during flight veterinary aid or a humane killer for an animal; or
d
to provide during flight medical aid to a person:
Provided that goods specified in sub-paragraphs (c) and (d) shall only be carried if —
they are or may be required for use during the flight;
they are or may be required for use during a subsequent flight by the same aircraft and it will not be practicable to load the goods on the aircraft in the intervening period before the commencement of that subsequent flight; or
they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight.
.
4
In regulation 4(4), for “and 8(2)” there shall be substituted “, 8(2) and 9(3)”.
5
After regulation 5(2) shall be added the following —
5
2A
The shipper of dangerous goods shall furnish the operator of the aircraft with such other documents in respect of dangerous goods as are required by Part 3 and Chapter 4.5 of Part 4 of the Technical Instructions.
.
6
In regulation 5(3), after the words “dangerous goods transport document” there shall be inserted the words “or other document in respect of dangerous goods”.
7
In regulation 6(b), after the words “packed in accordance with” there shall be inserted “Chapter 2.6 of Part 1 and”.
8
In regulation 7(2)(a), the word “thereon” shall be deleted.
9
In regulation 7(2)(b), for the words “that document” there shall be substituted the words “that list”.
10
For regulation 7(2)(c), there shall be substituted the following —
The operator of an aircraft shall preserve for not less than six months a record of any acceptance check list completed in accordance with this regulation. The record shall be in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.
.
11
In regulation 7(6) for the words “are less than the values specified” there shall be substituted the words “are not more than the values specified”.
12
In regulation 9(2) after the words “either as checked baggage or accompanying a passenger” there shall be inserted the words “by the provision of information with each passenger ticket which shall be sufficient in prominence for this purpose and”.
13
In regulation 10(b) after the word “documents” there shall be inserted the words “or other document”.
14
In regulation 10(c), for the words “the acceptance check list” there shall be substituted the words “the completed acceptance check list in a legible form”.
15
In the heading to regulation 11, for the words “or forestry purposes” there shall be substituted the words “forestry or pollution control purposes”.
16
In regulation 11, for the words “or forestry” there shall be substituted the words “forestry or pollution control”.
Signed by authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
11th December 1990


text:
Citation and commencement
1
This Order may be cited as the Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990 and shall come into force on 19th July 1990.
Saving
2
Articles 3 and 4 below shall not apply in relation to an arbitration where the arbitrator was appointed under the Agricultural Holdings Act 1948 before 18th June 1986.
Form of award
3
An award in proceedings on an arbitration under the Agricultural Holdings Act 1986 shall be made in the form set out in the Schedule to this Order, or in a form to the like effect, with such omissions or modifications as the circumstances may require.
Revocation
4
The Agricultural Holdings (England and Wales) Rules 1948 , the Agricultural Holdings (England and Wales) (Amendment) Rules 1978 and the Agricultural Holdings (England and Wales) Rules (Variation) Order 1985 are hereby revoked.
Mackay of Clashfern, C.
Lord Chancellor
Dated 4th July 1990


text:
Title and commencement
1
This Order may be cited as the Value Added Tax (Refund of Tax) (Revocation) Order 1990 and shall come into force on 30th June 1990.
Revocation
2
The Value Added Tax (Refund of Tax) Order 1973 is hereby revoked.
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1990


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1990 and shall come into force on 22nd March 1990.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State Home Office
19th March 1990


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Shorthand Writers' Fees) 1990 and shall come into force on 1st May 1990.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
In Chapter II of the Schedule to the Act of Sederunt of 7th May 1935 , in the paragraphs specified in column 1 of the following table, for the figures specified in column 2, substitute the figures specified in column 3 of that table; and the fees so substituted shall apply to work, in respect of which these fees are chargeable, done on or after the date on which this Act of Sederunt comes into force:–
TABLE
Column 1 Column 2 Column 3 (Old fees) (New fees)
1 £13.69 £14.54 1 £33.05 £43.62 1 £40.82 £51.87 2 £ 2.92 £ 3.10 3 £ 0.23 £ 0.24
Saving
3
The fees specified in Chapter IV of the Table of Fees in rule 347 of the rules of the Court of Session which are specified in column 2 of the above table in relation to the paragraphs specified in column 1 of that table shall continue to have effect in respect of work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh
27th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990 and shall come into force on 1st April 1990.
2
In this Order “the 1967 Act ” means the General Rate Act 1967 .
Application of the Order
2
1
The provisions of this Order apply only to so much of the provisions of enactments and instruments referred to herein as extend or apply to England or Wales.
2
Nothing in this Order shall prejudice the effect of any regulations under section 117(8) of the Local Government Finance Act 1988 or order under section 147 of that Act or regulations under section 149 of the Local Government and Housing Act 1989 made before the making of this Order.
Repeals, revocations and savings
3
1
Subject to paragraphs (2) and (3), the enactments and instruments mentioned in column (1) of Schedule 1 to this Order are hereby repealed and revoked to the extent mentioned in column (2).
2
Without prejudice to section 16 of the Interpretation Act 1978 , nothing in paragraph (1) shall have effect in relation to the operation on and after 1st April 1990 of the enactments mentioned in Schedule 1 for the purposes of, or for purposes connected with–
a
any rate made, or precept issued, under the 1967 Act in respect of any period ending before 1st April 1990;
b
any liability for rates in respect of any such period;
c
the alteration of any valuation list in force immediately before 1st April 1990 pursuant to a proposal made before that date but to which effect had not been given immediately before that date.
3
The repeal of section 133 of the Lands Clauses Consolidation Act 1845 , section 2(7) of the Rating and Valuation Act 1925 and section 27 of the Compulsory Purchase Act 1965 shall not affect any liability (whenever incurred) to make good a deficiency arising in respect of any period ending before 1st April 1990.
Amendments relating to the jurisdiction of county courts
4
1
In the following enactments, and in any other enactment relating to the jurisdiction of county courts, references to net annual value for rating or rateable value shall be construed as references to a sum equivalent to the last such value of the property concerned immediately before 1st April 1990:
a
the Tithe Act 1891 ;
b
sections 3(7), 30(2), 49(4), 66(4), 146 and 147(5) of, and Schedule 1 to, the Law of Property Act 1925 ;
c
section 113 of the Settled Land Act 1925 ;
d
sections 43A, 53 and 63 of the Landlord and Tenant Act 1954 ;
e
section 1 of the Land Charges Act 1972 ;
f
section 1 of the Matrimonial Homes Act 1983 ;
g
sections 21, 22 and 139 of, and Schedule 1 to, the County Courts Act 1984 ; and
h
paragraph 6(5) of Schedule 18 to the Housing Act 1985 .
2
In enactments to which paragraph (1) applies, references to the net annual value for rating or rateable value of a property which did not have such a value immediately before 1st April 1990 shall be construed as references to–
a
the rateable value immediately before that date of a hereditament of which the property concerned forms or formed part; or
b
where there is no such hereditament, or where it had no such value, the value by the year of the property concerned at the time when the relevant proceedings are commenced.
Certification of rateable value for certain housing purposes
5
1
This article applies for the purposes of the application of the enactments referred to in paragraph (2) in relation to a house, premises or other property–
a
in respect of which a tenancy was entered into before 1st April 1990; and
b
which was capable of beneficial occupation immediately before that date; and
c
in respect of which the requirements of paragraph (3) or (4) are satisfied.
2
The enactments referred to in paragraph (1) are–
a
section 186 of the Local Government and Housing Act 1989 ;
b
Part I of the Housing Act 1988 ;
c
the Rent Act 1977 ;
d
the Rent (Agriculture) Act 1976 ;
e
the Leasehold Reform Act 1967 ;
f
Part I of the Landlord and Tenant Act 1954 ;
g
Part II of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 .
3
The requirements of this paragraph are that–
a
immediately before 1st April 1990, no rateable value was assigned to the property for the purposes of the 1967 Act; and
b
no proposal to enter the property in a valuation list maintained for the purposes of that Act immediately before 1st April 1990 was outstanding at that time.
4
The requirements of this paragraph are that–
a
an entry appeared in a valuation list in force immediately before 1st April 1990; and
b
structural alterations were completed between the date on which that entry was made and 1st April 1990; and
c
immediately before 1st April 1990, no proposal was outstanding in respect of the alteration of that entry consequent upon the completion of the alterations.
5
On the application of the landlord or the tenant of property to which this article applies, the valuation officer shall certify the amount which, but for the repeal of the 1967 Act, he would, in accordance with section 69(2) of that Act, have proposed–
a
where the requirements of paragraph (3) are satisfied, as the amount to be entered in a valuation list maintained immediately before 1st April 1990 for the purposes of that Act as the rateable value of the property in question; or
b
where the requirements of paragraph (4) are satisfied, by way of alteration of the valuation list.
6
An application under paragraph (5) shall be accompanied by particulars of the name and address of the person (other than the applicant) who is then the landlord or, as the case may be, the tenant of the property and of any other person who is known to the applicant to have an interest in the property.
7
Before providing the certificate referred to in paragraph (5) the valuation officer shall–
a
give not less than four weeks' notice in writing to the applicant and to every person whose name and address have been provided as mentioned in paragraph (6) of the amount that he proposes to certify;
b
consider the representations (if any) made to him within the period of four weeks beginning on the date on which the notice was given.
8
The amount specified in any certificate issued in accordance with paragraph (5) shall be treated, for the purposes mentioned in paragraph (1), as the amount entered in a valuation list in force immediately before 1st April 1990 as the rateable value of the property in question.
9
For the purposes of paragraphs (5) and (6)–
a
“tenant” includes a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976; and
b
“landlord”, in relation to a statutory tenant, means the person who, apart from the statutory tenancy, would be entitled to possession of the property.
Amendment of the Housing Act 1985
6
Sections 469(2) and (3), 492(2) and 498C(1) of the Housing Act 1985 shall have effect, as respects applications on or after 1st April 1990, as if references to the date of the application were references to 31st March 1990.
Consequential amendments of the General Rate Act 1967
7
The provisions of the 1967 Act mentioned in column (1) of Schedule 2 are amended as mentioned in column (2).
Other consequential amendments
8
The provisions mentioned in Schedule 3 are hereby amended as so mentioned.
Chris Patten
Secretary of State for the Environment
29th March 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
27th March 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. That date will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
i
“the deposited plan” means the plan numbered HA10/EM 59, marked “The A516 Trunk Road (Etwall Bypass) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
and “the trunk road” means the A516 Trunk Road.
5
This Order shall come into force on 10th October 1990 and may be cited as the A516 Trunk Road (Etwall Bypass) Order 1990.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
11th September 1990


text:
1
This order may be cited as the Town and Country Planning General Development (Amendment) (No. 2) Order 1990 and shall come into force on 12th November 1990.
2
For Class G of Part 17 of Schedule 2 to the Town and Country Planning General Development Order 1988 (permitted development rights of electricity undertakings) substitute —
Class G: Electricity Undertakings
Permitted Development
G
Development by statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking consisting of —
a
the installation or replacement in, on, over or under land of an electric line and the construction of shafts and tunnels and the installation or replacement of feeder or service pillars or transforming or switching stations or chambers reasonably necessary in connection with an electric line;
b
the installation or replacement of any telecommunications line which connects any part of an electric line to any electrical plant or building, and the installation or replacement of any support for any such line;
c
the sinking of boreholes to ascertain the nature of the subsoil and the installation of any plant or machinery reasonably necessary in connection with such boreholes;
d
the extension or alteration of buildings on operational land;
e
the erection on operational land of the undertaking of a building solely for the protection of plant or machinery;
f
any other development carried out in, on, over or under the operational land of the undertaking.
Development not permitted
G.1
Development is not permitted by Class G if —
a
in the case of any Class G(a) development —
i
it would consist of or include the installation or replacement of an electric line to which section 37(1) of the Electricity Act 1989 applies; or
ii
it would consist of or include the installation or replacement at or above ground level or under a highway used by vehicular traffic, of a chamber for housing apparatus and the chamber would exceed 29 cubic metres in capacity;
b
in the case of any Class G(b) development —
i
the development would take place in a National Park, an area of outstanding natural beauty, or a site of special scientific interest;
ii
the height of any support would exceed 15 metres; or
iii
the telecommunications line would exceed 1000 metres in length;
c
in the case of any Class G(d) development —
i
the height of the original building would be exceeded;
ii
the cubic content of the original building would be exceeded by more than 25% (or 10% in the case of any building on article 1(5) land), or
iii
the floorspace of the original building would be exceeded by more than 1000 square metres (or 500 square metres in the case of any building on article 1(5) land);
d
in the case of any Class G(e) development, the building would exceed 15 metres in height, or
e
in the case of any Class G(f) development, it would consist of or include —
i
the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or
ii
the installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.
Conditions
G.2
Development is permitted by Class G subject to the following conditions —
a
in the case of any Class G(a) development consisting of or including the replacement of an existing electric line, any conditions contained in a planning permission relating to the height, design or position of the existing electric line which are capable of being applied to the replacement line;
b
in the case of any Class G(a) development consisting of or including the installation of a temporary electric line providing a diversion for an existing electric line, on the ending of the diversion or at the end of a period of six months from the completion of the installation (whichever is the sooner) the temporary electric line shall be removed and the land on which any operations have been carried out to install that line shall be restored as soon as reasonably practicable to its condition before the installation took place;
c
in the case of any Class G(c) development, on the completion of that development, or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place;
d
in the case of any Class G(e) development, approval of details of the design and external appearance of the buildings shall be obtained, before development is begun, from —
i
in Greater London or a metropolitan county, the local planning authority,
ii
in a National Park, outside a metropolitan county, the county planning authority,
iii
in any other case, the district planning authority.
Interpretation of Class G
G.3
For the purpose of Class G(a), “electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989.
G.4
For the purpose of Class G(b), “electrical plant” has the meaning assigned to that term by the said section 64(1) and “telecommunications line” means a wire or cable (including its casing or coating) which forms part of a telecommunications apparatus within the meaning assigned to that term by paragraph 1 of Schedule 2 to the Telecommunications Act 1984 .
G.5
For the purposes of Classes G(d), (e) and (f) the land of the holder of a licence under section 6(2) of the Electricity Act 1989 shall be treated as operational land if it would be operational land within section 263 of the Town and Country Planning Act 1990 if such licence holders were statutory undertakers for the purpose of that section.
3
Article 4 of the Town and Country Planning General Development (Amendment) Order 1990 is hereby revoked.
Chris Patten
Secretary of State for the Environment
15th October 1990
David Hunt
Secretary of State for Wales
15th October 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Safety (Enforcement Authority) (England and Wales) Order 1990 and shall come into force on 1st January 1991.
2
In this Order, “ the Act ” means the Food Safety Act 1990.
Enforcement of the Act
2
1
Subject to article 3 below, as respects any non-metropolitan district of England and Wales–
a
the functions of an enforcement authority under section 12 of the Act (which relates to emergency prohibition notices and orders) shall be exercised solely by the council of that district; and
b
the provisions of section 15 of the Act (which relates to falsely describing or presenting food) shall be enforced solely by the council of the non-metropolitan county.
2
As respects the Inner Temple and the Middle Temple, the functions of an enforcement authority under section 12 aforesaid shall be exercised solely by the appropriate Treasurer, and the provisions of section 15 aforesaid shall be enforced solely by the Common Council of the City of London.
Enforcement by other bodies
3
Nothing in this Order shall affect any assignment of functions under this Act–
a
to a port health authority by an Order under section 2 of the Public Health (Control of Disease) Act 1984 ; or
b
to a joint board for a united district by an Order made under section 6 of the Public Health Act 1936 .
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under-Secretary of State for Health
4th December 1990
David Hunt
Secretary of State for Wales
3rd December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newcastle and Gateshead Water (Constitution and Regulation) Order 1990 and shall come into force on 28th November 1990.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Cessation of local statutory provisions
3
The date specified for the purposes of section 101 of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 28th November 1990.
Consequential provision
4
The provisions of the Newcastle and Gateshead Water Acts and Order 1863 to 1988 referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 28th November 1990.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
2nd November 1990


text:
1
On the operative date the length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is classified for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/EM55 marked “The A17 Trunk Road (Wigtoft — Sutterton Bypass) Detrunking Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the operative date” means the date on which the Secretary of State notifies the County Council of Lincolnshire that the new trunk roads are open for through traffic; and
iv
“the new trunk roads” means the highways mentioned in article 1 of the A17 Trunk Road (Wigtoft — Sutterton Bypass) and the A16 Trunk Road (Diversion at Blackitt’s Farm) Order 1990 .
3
This Order shall come into force on 27th December 1990 and may be cited as The A17 Trunk Road (Wigtoft — Sutterton Bypass) Detrunking Order 1990.
Signed by authority of the Secretary of State for Transport
D J Morrison
Regional Director East Midlands Region
Department of Transport
11th December 1990


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 1) Order 1990 and shall come into force on 14th March 1990.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, and in respect of which this Order is made, is in position Latitude 51 degs 11.11' North, Longitude 4 degs 39.41' West.
2
The area within a distance of 100 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
12th February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Severe Disablement Allowance) Amendment Regulations 1990 and shall come into force on 3rd December 1990.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
2
After Part II of the Social Security (Severe Disablement Allowance) Regulations 1984 (miscellaneous provisions relating to severe disablement allowance) there shall be inserted the following Part —
PART IIA
SEVERE DISABLEMENT ALLOWANCE: AGE RELATED ADDITION
Circumstances in which a person is to be treated as having qualified for severe disablement allowance
10A
A person shall be treated as having qualified for severe disablement allowance for the purposes of section 36A of the Act (which applies to an age related addition in a severe disablement allowance) —
a
where he is a person to whom regulation 20 (persons formerly entitled to non-contributory invalidity pension) applies, on his first day of incapacity for work in a period of not less than 196 consecutive days which preceded the first day of his entitlement to a non-contributory invalidity pension;
b
where he has been continuously incapable of work for a period of longer than 196 consecutive days, on his first day of incapacity in that period;
c
where he is a person to whom regulation 6 (modification of section 36(2) and (3) of the Act etc. ) applies, on his first day of incapacity for work in a period of not less than 196 consecutive days which immediately preceded the first day on which he was previously entitled to a severe disablement allowance.
Circumstances in which days are to be treated as days of incapacity for work
10B
Where a person is treated as incapable of work for the purposes of section 36(2)(b) of the Act because regulation 7(3) (days for which persons are to be regarded as incapable of work etc.) applies to him, the days on which he was treated as incapable of work under regulation 7(3), shall be treated as days of incapacity for work for the purpose of determining the day on which he qualified for severe disablement allowance under section 36A of the Act.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of state,
Department of Social Security
7th November 1990


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) (No. 2) Regulations 1990 and shall come into force on 21st March 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Dairy Produce Quotas Regulations 1989 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Definitions
4
In regulation 2(1) of the principal Regulations–
a
after the definition of “agricultural area” there shall be inserted the definition:
“appropriate date” means for the purposes of Schedule 9B 1st April 1989, or, in the case of a producer to whom special quota was allocated as wholesale quota, the date of such allocation;
;
b
after the definition of “Council Regulation 804/68” there shall be inserted the definition:
“Council Regulation 856/84” means Council Regulation ( EEC ) No. 856/84 amending Council Regulation 804/68 on the common organization of the market in milk and milk products;
;
c
after the definition “Council Regulation 857/84” there shall be inserted the definition:
“Council Regulation 1335/86” means Council Regulation (EEC) No. 1335/86 amending Council Regulation 804/68;
;
d
after the definition of “Council Regulation 775/87” there shall be inserted the definition:
“Council Regulation 3880/89” means Council Regulation (EEC) No. 3880/89 amending Council Regulation 857/84;
;
e
in the definition of “eligible heifer” the word “which” in the second place it occurs shall be omitted, and there shall be added at the end of that definition the following:
or which at the date of making of the order referred to in regulation 16(2)(c), was on land designated by the order and calves for the first time on a day when the order is in force
;
f
at the end of the definition of “qualifying day” there shall be added the following:
or during which the order referred to in regulation 16(2)(c) is in force
;
g
for the definition of “replacement number” there shall be substituted the definition:
“replacement number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 16(2)(b), or designated by the order referred to in regulation 16(2)(c), as at the date of service of the notice or (as the case may be) the coming into force of the order, and where 22 per cent of the total number is halfway between two integers the nearest even integer shall be deemed to be the nearest integer;
;
h
after the definition of “special quota” there shall be inserted the following definitions:
“subsequent permanent cuts in quota” means any reduction in quota applied in pursuance of Council Regulation 856/84 and Council Regulation 1335/86;
“suspended quota” means quota which is the subject of a compensation payment under Article 2 of Council Regulation 775/87;
;
i
after the definition of “wholesale development award” there shall be inserted the definition:
“wholesale development quota” means wholesale quota allocated pursu ant to paragraph 12(5) or paragraph 17A(2) of Schedule 2 to the 1984 Regulations, read with Council Regulation 856/84 and Council Regulation 1335/86; paragraph 2 of Schedule 9, paragraph 2 of Schedule 10 or paragraph 2 of Schedule 13 to the 1986 Regulations, read with Council Regulation 1335/86; or paragraph 5 of Schedule 9 to the principal Regulations;
.
Temporary reallocation of quota
5
In regulation 16 of the principal Regulations–
a
after paragraph (2)(b) there shall be inserted the following provision–
c
a producer who has quota registered as his in relation to a holding which is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 and section 24(1) and (3) of the Food and Environment Protection Act 1985
;
b
in paragraph (5)–
i
after “paragraph 2(b)” there shall be added “or (c)”,
ii
after “notice” there shall be inserted “or (as the case may be) the order”, and
iii
for “that paragraph” there shall be substituted “paragraph 2(b) or the order referred to in paragraph 2(c)”;
c
in paragraph (6), after “paragraph 2(b)” there shall be added “or the order referred to in paragraph 2(c)”;
d
at the end of paragraph (7)(b), there shall be inserted “or (as the case may be) before the coming into force of the order to which paragraph (2)(c) above refers”;
e
in paragraph (8), after “applies” there shall be added “and then priority to the producers referred to in paragraph (2)(b) above before making any award to the producers to whom paragraph (2)(c) above applies.”.
Supplementary development provision
6
After regulation 20 of the principal Regulations there shall be inserted the following regulations–
Development provision
20A
The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 8A.
Scotland and Northern Ireland small producer supplementary development provision
20B
The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 8B.
.
Northern Ireland exceptional hardship provision
7
For regulation 21 of the principal Regulations the following regulation shall be substituted–
Northern Ireland exceptional hardship provision
21
The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 9.
.
Family-type holding provision and remote areas provision
8
After regulation 21 of the principal Regulations the following regulations shall be inserted–
Family-type holding provision
21A
The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 9A.
Remote areas provision
21B
The Minister shall award quota, allocated to the United Kingdom as a reference quantity pursuant to Council Regulation 3880/89, to producers in accordance with Schedule 9B.
.
Amendment of Schedules
9
1
After Schedule 8 to the principal Regulations the provisions of Schedule 1 to these Regulations shall be inserted.
2
The Schedule set out in Schedule 2 to these Regulations shall be substituted for Schedule 9 to the principal Regulations.
3
After Schedule 9 to the principal Regulations the provisions of Schedule 3 to these Regulations shall be inserted.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
19th March 1990


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 —
a
a special road along the route described in Schedule 1 below (this special road being in this Scheme referred to as “the Motorway”), and
b
special roads along the routes described in Schedule 2 below for the purposes of connecting the Motorway with other highways at the places stated in that Schedule (these special roads being in this Scheme referred to as “the connecting roads”)
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into operation.
4
The Secretary of State is also authorised to construct —
a
as parts of the Motorway, the bridges specified in schedules 3 and 4 below, and
b
as part of the M6 Motorway, the bridge specified in Schedule 5 below,
and in connection with the construction of those bridges, to divert the parts of the navigable watercourses respectively specified in those schedules in the manner shown therein.
5
In this Scheme —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA16/1 CNW 292 marked “The M6 Motorway: Widening between Junctions 20 and 21A (Thelwall Viaduct) and Connecting Roads Scheme 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special roads” means the motorway and the connecting roads
6
This Scheme shall come into force on 27th February 1991, and may be cited as the M6 Motorway: Widening between Junctions 20 and 21A (Thelwall Viaduct) and Connecting Roads Scheme 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
19th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Agriculture (Tractor Cabs) (Amendment) Regulations 1990 and shall come into force on 14th June 1990.
2
In these Regulations, “the principal regulations” means the Agriculture (Tractor Cabs) Regulations 1974 .
Amendments to the principal regulations
2
1
The principal regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1), in the definition of “approved”, there shall be inserted after the word “tractor”–
and any safety cab which is marked with a component type-approval mark in accordance with–
Council Directive 77/536/ EEC relating to the roll-over protection structures of wheeled agricultural or forestry tractors, as amended by Council Directive 87/354/EEC ;
Council Directive 79/622/EEC relating to the static testing of the roll-over protection structures of wheeled agricultural or forestry tractors, as amended by Council Directive 87/354/EEC and as adapted to technical progress by Commission Directives 82/953/EEC and 88/413/EEC ;
Council Directive 86/298/EEC relating to the rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors; or
Council Directive 87/402/EEC relating to the roll-over protection structures mounted in front of the driver’s seat on narrow-track wheeled agricultural and forestry tractors,
shall be deemed to be approved and correctly marked with the appropriate approval mark and supplementary marks in accordance with that regulation if it is fitted to and for use with a tractor of the type to which it was attached when tested pursuant to the relevant Directive specified above, and the driver-perceived noise level is within either of the limits specified in Article 2.1 of Council Directive 77/311/EEC (relating to the driver-perceived noise level of wheeled agricultural or forestry tractors) when measured in accordance with the relevant Annex to that Directive;
.
3
In regulation 3–
a
in paragraph (2), for “British Standard Specification No. B.S. 4063: 1973”, there shall be substituted “Council Directive 77/536/EEC (as amended by Council Directive 87/354/EEC ), Council Directive 79/622/EEC (as amended by Council Directive 87/354/EEC and as adapted to technical progress by Commission Directives 82/953/EEC and 88/413/EEC ), Council Directive 86/298/EEC or Council Directive 87/402/EEC ”;
b
in paragraph (3)–
i
for “1st September 1977 the Executive shall further be satisfied, and in the case of a certificate issued before that date may be so satisfied”, there shall be substituted “14th June 1990 the Executive shall further be satisfied”, and
ii
for “not be more than 90 dB(A) if tested in accordance with British Standard Specification No. B.S. 4063: 1973”, there shall be substituted “be within either of the limits specified in Article 2.1 of Council Directive 77/311/EEC if measured in accordance with the relevant Annex to that Directive”;
c
in paragraph (5), after “specified in paragraph (3) above”, there shall be inserted “(appertaining at the time the certificate of approval was issued)”; and
d
in paragraph (11), for “the British Standard Specification referred to in paragraph (2) above”, there shall be substituted “the construction and testing requirements of Council Directive 77/536/EEC (as amended by Council Directive 87/354/EEC ), Council Directive 79/622/EEC (as amended by Council Directive 87/354/EEC and as adapted to technical progress by Commission Directives 82/953/EEC and 88/413/EEC ), Council Directive 86/298/EEC or Council Directive 87/402/EEC ”.
4
There shall be inserted, after regulation 9, the following regulation–
Savings
10
Nothing in the Agriculture (Tractor Cabs) (Amendment) Regulations 1990 (“the 1990 Regulations ”) shall affect the validity of any certificate of approval issued in accordance with regulation 3 of these Regulations before the coming into force of the 1990 Regulations.
.
5
In paragraph 1(1) of Part I of the Schedule, for “not be more than 90 dB(A) if tested in accordance with British Standard Specification No. B.S. 4063: 1973”, there shall be substituted “be within either of the limits specified in Article 2.1 of Council Directive 77/311/EEC if measured in accordance with the relevant Annex to that Directive”.
Revocations
3
Regulation 3A of the principal regulations, and the Agriculture (Tractor Cabs) (Amendment) Regulations 1984 , are hereby revoked.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
10th May 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (United Artists Communications (London South) Plc) (Kingston and Richmond) Order 1990 and shall come into force on 27th June 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
23rd May 1990


text:
1
This Order may be cited as the A12 Trunk Road (Eastern Avenue, Redbridge) (Prescribed Routes) Order 1990 and shall come into force on 6th August 1990.
2
In this Order–
“central reservation” means that part of Eastern Avenue which separates its two carriageways for the safety and guidance of vehicles using that road;
“Eastern Avenue” means the length of the London-Great Yarmouth Trunk Road (A12) in the London Borough of Redbridge known as Eastern Avenue;
“eastern traffic island” means the island site in the southern carriageway of Eastern Avenue which is parallel to, and 3.5 metres from, the central reservation and extends to the junction from a point 13 metres east of the junction;
“the junction” means the junction of Eastern Avenue with the roads known as Horns Road and Ley Street at Ilford in Essex;
“northern traffic island” means the triangular island site in the northern carriageway of Eastern Avenue on the western side of its junction with Horns Road;
“southern traffic island” means the triangular island site in the southern carriageway of Eastern Avenue on the eastern side of its junction with Ley Street; and
“western traffic island” means the island site in the northern carriageway of Eastern Avenue which is parallel to, and 3.5 metres from, the central reservation and extends to the junction from a point 12 metres west of the junction.
3
Articles 6, 7, 8, 9 and 10 of the Trunk Road (Eastern Avenue, Redbridge) (Prescribed Routes) ( No. 2) Order 1973 and the Trunk Road (Eastern Avenue, Redbridge) (Prescribed Routes) (No. 2) Order 1973 Variation Order 1975 are hereby revoked.
4
No person shall cause any vehicle entering Eastern Avenue from Horns Road to turn right.
5
A person causing or permitting a vehicle to pass to the left of the northern traffic island shall cause that vehicle to turn left into Horns Road and in no other direction.
6
A person causing or permitting a vehicle to pass to the right of the western traffic island shall cause that vehicle to turn right into Ley Street and in no other direction.
7
A person causing or permitting a vehicle to pass to the left of the southern traffic island shall cause that vehicle to turn left into Ley Street and in no other direction.
8
A person causing or permitting a vehicle to pass to the right of the eastern traffic island shall cause that vehicle to turn right into Horns Road and in no other direction.
9
Save as provided in articles 5, 6, 7 and 8 of this Order, no person shall cause or permit any vehicle proceeding in Eastern Avenue to make a right turn or a left turn at the junction.
10
No person shall cause or permit any vehicle proceeding in Eastern Avenue to make a U-turn at the junction in order to proceed in the opposite direction.
11
Nothing in this Order shall apply–
a
to anything done with the permission or at the direction of a constable in uniform or of a traffic warden; or
b
to a vehicle being used for police, ambulance or fire brigade purposes.
Signed by authority of the Secretary of State for Transport.
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
3rd August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Free Hampstead National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Free Hampstead National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Free Hampstead National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services at the Royal Free Hospital, Pond Street, Hampstead, London NW3 2QG and associated hospitals (and premises) including the management of its teaching and research facilities.
b
to manage community health services provided from the Royal Free Hospital, Pond Street, Hampstead, London NW3 2QG and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2)(a) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from its operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Hampstead 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 Hampstead 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 Hampstead Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990