text:
1
These Regulations may be cited as the Limited Partnerships (Unrestricted Size) No. 2 Regulations 1990, and shall come into force on 21st August 1990.
2
1
So much of the Limited Partnerships Act 1907 as provides that a limited partnership shall not consist of more than twenty persons shall not apply to a partnership carrying on business as insurance brokers and consisting of persons each of whom is a registered insurance broker or an enrolled body corporate.
2
In these Regulations, “registered insurance broker” and “enrolled” have the meanings given in section 29(1) of the Insurance Brokers (Registration) Act 1977 .
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
30th July 1990


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Mid Downs Cable Limited) (Crawley, Horley and Gatwick Airport) Order 1990 and shall come into force on 2nd October 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Douglas Hogg
Minister of State,
Department of Trade and Industry
3rd September 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Television Limited) (Borough of Northampton) Order 1990 and shall come into force on 14th November 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Douglas Hogg
Minister of State,
Department of Trade and Industry
10th October 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal National Throat, Nose and Ear Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal National Throat, Nose and Ear Hospital 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 National Throat, Nose and Ear Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Royal National Throat, Nose and Ear Hospital, Gray’s Inn Road, London WC1X 8DA including the management of its teaching and research facilities.
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) 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 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 Bloomsbury and Islington 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 Bloomsbury and Islington 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 Bloomsbury and Islington Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 1990 and shall come into force for the purposes of article 2(5) and (21) on 1st February 1991, for the purposes of article 2(8) and (25) on 1st October 1991 and for all other purposes on 1st December 1990.
Amendment of the Air Navigation Order 1989
2
The Air Navigation Order 1989 shall be amended as follows:
1
For article 5(3)(a) there shall be substituted the following:
a
that the aircraft is registered in a country in which it is not in fact registered: Provided that marks approved by the Authority for the purposes of flight in accordance with the “B Conditions” contained in Schedule 2 to this Order shall be deemed not to indicate that the aircraft is so registered; or
.
2
In article 8, after paragraph (7) there shall be added:
8
Nothing in this Order shall oblige the Authority to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such approved persons as the Authority may specify (either generally or in a particular case or class of cases).
3
In article 31(7) for the words “Rules of the Air and Air Traffic Control” there shall be substituted the words “Rules of the Air”.
4
For the heading to article 32 there shall be substituted “Public transport aircraft not registered in the United Kingdom — aerodrome operating minima”.
5
After article 32 there shall be added the following:
Non-public transport aircraft — aerodrome operating minima
32A
1
This article shall apply to any aircraft which is not a public transport aircraft.
2
An aircraft to which this article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend below 1000 feet above the height of the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.
3
An aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not:
a
continue an approach to landing on such a runway by flying below the relevant specified decision height; or
b
descend below the relevant specified minimum descent height;
unless in either case from such height the specified visual reference for landing is established and is maintained.
4
In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or, if the relevant minima have not been notified, such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima.
6
In the heading to article 69, and in article 69(1), (2), (3), (4) and (5) for the words “Rules of the Air and Air Traffic Control” there shall be substituted the words “Rules of the Air”.
7
Article 69(1)(d) shall be deleted and at the end of article 69(1)(c) there shall be added the word “and”.
8
After article 69 there shall be added the following:
Provision of Air Traffic Services
69A
1
No person shall provide an air traffic control service otherwise than under and in accordance with the terms of an approval granted to him by the Authority, and the Authority shall grant an approval to any person applying therefor if it is satisfied that the person is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.
9
After article 69A(1) there shall be inserted the following:
2
In the case of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing holding aid, let-down aid or approach aid by radio or radar, the person in charge of the aerodrome shall:
a
inform the Authority in advance of the periods during and times at which any such equipment is to be in operation for the purpose of providing such aid as is specified by the said person and
b
during any period and at such times as are notified, cause an air traffic control service to be provided for any aircraft which is flying in, or in the vicinity of, the aerodrome traffic zone whether or not it is flying by visual reference to the surface.
3
The Authority may direct that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, aerodrome flight information service or means of two-way radio communication as the Authority considers appropriate in respect thereof. The Authority may specify in the direction the periods during and the times at which such a service or such means shall be provided and the person in charge of the aerodrome shall cause such a service or such means to be provided in accordance with any such direction.
4
Obligations to cause an air traffic control service to be provided arising under paragraph (2) or (3) are without prejudice to each other.
Use of Radio Call Signs at Aerodromes
69B
The person in charge of an aerodrome provided with means of two-way radio communication shall not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.
10
Articles 90 and 91 shall be deleted.
11
In article 106(1) in the paragraph commencing “Aerodrome traffic zone” for “Rules of the Air and Air Traffic Control Regulations 1985” there shall be substituted “Rules of the Air Regulations 1990 ”.
12
In article 106(1):
a
after the definition of “Direct costs” there shall be inserted the following:
“Director” has the same meaning as in section 53(1) of the Companies Act 1989 ;
b
in the sub-paragraph commencing “Rules of the Air and Air Traffic Control” the words “and Air Traffic Control” shall be deleted.
13
In article 107(7) after the words “is the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command,” there shall be inserted the words “or by or on behalf of a body Corporate of which the pilot in command is a director,”.
14
In Schedule 4 paragraph 5 Scale B(i)(d) for the words “for attachment to” there shall be substituted the words “to be attached to or secured by”.
15
In Schedule 4 paragraph 5 Scale C(i) and (iii) for the words “Rules of the Air and Air Traffic Control” there shall be substituted the words “Rules of the Air”.
16
In Schedule 4 paragraph 5 Scale J(ii) for the words “Rules of the Air and Air Traffic Control” there shall be substituted the words “Rules of the Air”.
17
In Schedule 5 in the Table at paragraph 2 at sub paragraph (1)(b) for the words “Rules of the Air and Air Traffic Control” there shall be substituted the words “Rules of the Air”.
18
For Schedule 7 there shall be substituted the following:
SCHEDULE7
AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF FLIGHT CREWS OR APPROVED NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT
Article 19(4)
The following areas are hereby specified for the purposes of article 19(4) of this Order.
Area A — Arctic
All that area north of latitude 68° north, but excluding any part thereof within the area enclosed by rhumb lines joining successively the following points:
Area B — Antarctic
All that area south of latitude 55° south.
Area C — Sahara
All that area enclosed by rhumb lines joining successively the following points:
Area E — South America
All that area enclosed by rhumb lines joining successively the following points:
04° north latitude 72° west longitude
04° north latitude 60° west longitude
08° south latitude 42° west longitude
18° south latitude 54° west longitude
18° south latitude 60° west longitude
14° south latitude 72° west longitude
05° south latitude 76° west longitude
04° north latitude 72° west longitude
Area F — Pacific Ocean
All that area enclosed by rhumb lines joining successively the following points:
60° north latitude 180° east/west longitude
20° north latitude 128° east longitude
04° north latitude 128° east longitude
04° north latitude 180° east/west longitude
55° south latitude 180° east/west longitude
55° south latitude 82° west longitude
25° south latitude 82° west longitude
60° north latitude 155° west longitude
60° north latitude 180° east/west longitude
Area G — Australia
All that area enclosed by rhumb lines joining successively the following points:
18° south latitude 123° east longitude
30° south latitude 118° east longitude
30° south latitude 135° east longitude
18° south latitude 123° east longitude
Area H — Indian Ocean
All that area enclosed by rhumb lines joining successively the following points:
35° south latitude 110° east longitude
55° south latitude 180° east/west longitude
55° south latitude 10° east longitude
40° south latitude 10° east longitude
25° south latitude 60° east longitude
20° south latitude 60° east longitude
05° south latitude 43° east longitude
10° north latitude 55° east longitude
10° north latitude 73° east longitude
04° north latitude 77° east longitude
04° north latitude 92° east longitude
10° south latitude 100° east longitude
10° south latitude 110° east longitude
35° south latitude 110° east longitude
Area I — North Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points:
55° north latitude 15° west longitude
68° north latitude 28° west longitude
68° north latitude 60° west longitude
45° north latitude 45° west longitude
40° north latitude 60° west longitude
40° north latitude 19° west longitude
55° north latitude 15° west longitude
Area J — South Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points:
40° north latitude 60° west longitude
18° north latitude 60° west longitude
05° south latitude 30° west longitude
55° south latitude 55° west longitude
55° south latitude 10° east longitude
40° south latitude 10° east longitude
02° north latitude 05° east longitude
02° north latitude 10° west longitude
15° north latitude 25° west longitude
40° north latitude 19° west longitude
40° north latitude 60° west longitude
Area K — Northern Canada
All that area enclosed by rhumb lines joining successively the following points:
68° north latitude 130° west longitude
55° north latitude 115° west longitude
55° north latitude 70° west longitude
68° north latitude 60° west longitude
68° north latitude 130° west longitude
Area L — Northern Asia
All that area enclosed by rhumb lines joining successively the following points:
68° north latitude 56° east longitude
68° north latitude 160° east longitude
50° north latitude 125° east longitude
50° north latitude 56° east longitude
68° north latitude 56° east longitude
Area M — Southern Asia
All that area enclosed by rhumb lines joining successively the following points:
50° north latitude 56° east longitude
50° north latitude 125° east longitude
40° north latitude 110° east longitude
30° north latitude 110° east longitude
30° north latitude 80° east longitude
35° north latitude 80° east longitude
35° north latitude 56° east longitude
50° north latitude 56° east longitude
19
In Schedule 9 in sub-paragraph 2(1) and in sub-paragraph 2(2) for the words “in the vicinity of the aerodrome traffic zone” there shall be substituted the words “in, or in the vicinity of, the aerodrome traffic zone”.
20
In Schedule 12, Part A, adjacent to “32” in the column headed “Article of Order”, in the column headed “Subject Matter” for the words “Aerodrome operating minima — foreign registered aircraft” there shall be substituted the words “Aerodrome operating minima — foreign registered public transport aircraft”.
21
In Schedule 12, Part A, in the column headed “Article of Order” immediately below “32” there shall be inserted “32A” and adjacent thereto in the column headed “Subject Matter” there shall be inserted the words “Aerodrome operating minima — non-public transport aircraft”.
22
In Schedule 12, Part A, adjacent to “69(2)” in the column headed “Article of Order”, in the column headed “Subject Matter” for the words “Breach of the Rules of the Air and Air Traffic Control” there shall be substituted the words “Breach of the Rules of the Air”.
23
In Schedule 12, Part A, in the column headed “Article of Order” immediately below “69(2)” there shall be inserted “69A (2) and (3)” and adjacent thereto in the column headed “Subject Matter” there shall be inserted the words “Provision of air traffic services”.
24
In Schedule 12, Part A, in the column headed “Article of Order” immediately below “69A(2) and (3)” there shall be inserted “69B” and adjacent thereto in the column headed “Subject Matter” there shall be inserted the words “Use of radio call signs at aerodromes”.
25
In Schedule 12, Part B, in the column headed “Article of Order” immediately below “68 (except (3))” there shall be inserted “69A (1)” and adjacent thereto in the column headed “Subject Matter” there shall be inserted the words “Provision of an air traffic control service without an approval”.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Finance (Payments) (English Authorities) Regulations 1990 and shall come into force on 1st April 1990.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Local Government Finance Act 1988;
“charging authority” means an English charging authority.
2
In Part I of these Regulations “the first relevant provisions” and “the second relevant provisions” have the same meaning as in section 141 of the Act.
3
In Part II of these Regulations “the first relevant provisions” and “the second relevant provision” have the same meaning as in section 141B of the Act.
4
In Part II of these Regulations “the charging authority’s relevant amount” means the charging authority’s relevant amount determined under section 141B of the Act.
PART I
CHARGING AUTHORITIES
3
1
Paragraphs (2) to (4) below apply in any case where–
a
the Secretary of State is liable to pay to a charging authority at any time an amount or amounts under one or more of the first relevant provisions, and
b
that charging authority is liable to pay to him at the same time an amount or amounts under one or more of the second relevant provisions.
2
If the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the Secretary of State may set off the latter in paying the former.
3
If the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the charging authority shall set off the latter in paying the former.
4
If the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of the former or the latter.
4
1
Where the Secretary of State exercises his powers under paragraph (2) of regulation 3, any liability of the charging authority which has been set off in accordance with that paragraph, and the part of the liability of the Secretary of State against which that liability has been set off, shall be treated as discharged.
2
Where a charging authority sets off any amount in accordance with paragraph (3) of regulation 3, any liability of the Secretary of State which is set off in accordance with that paragraph, and the part of the liability of the authority against which that liability has been set off, shall be treated as discharged.
3
Where in accordance with regulation 3(4) no payment is made by the Secretary of State or the charging authority, their respective liabilities which are taken into account shall be treated as discharged.
PART II
CHARGING AUTHORITIES AND PRECEPTING AUTHORITIES
5
1
Paragraphs (2) to (4) apply in any case where–
a
the Secretary of State is liable to pay to a charging authority at any time an amount or amounts under one or more of the first relevant provisions, and
b
a precepting authority which has power to issue a precept to that charging authority is liable to pay to him at the same time an amount under the second relevant provision.
2
If the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the charging authority’s relevant amount, the Secretary of State may set off an amount equal to that amount in paying that total.
3
If the total of the amount or amounts mentioned in paragraph (1)(a) above is equal to or less than the charging authority’s relevant amount, no payment need be made in respect of that total.
4
Where the Secretary of State sets off or refrains from paying an amount under paragraph (2) or (3) above,–
a
the Secretary of State’s liability to the charging authority shall be treated as discharged to the extent of an amount equal to that amount,
b
what the precepting authority is liable to pay to the Secretary of State shall be treated as reduced by an amount equal to that amount, and
c
an amount equal to that amount shall be due from the precepting authority to the charging authority.
6
1
An amount due from a precepting authority to a charging authority by virtue of regulation 5(4)(c) shall–
a
if the charging authority so requires, be paid to the charging authority,
b
in any other case, be paid to the charging authority or deducted from an amount payable in respect of a precept of the precepting authority, as the precepting authority determines.
2
Where an amount due from a precepting authority to a charging authority by virtue of regulation 5(4)(c) is recovered by payment to the charging authority, that authority shall pay into its collection fund an amount equal to the amount paid to it.
3
Where an amount due from a precepting authority to a charging authority by virtue of regulation 5(4)(c) is recovered by making a deduction from an amount payable in respect of a precept, the charging authority shall retain in its collection fund an amount equal to the amount deducted.
7
Where the Secretary of State is liable to pay to a charging authority at any time an amount or amounts under one or more of the first relevant provisions, for the purposes of section 141A and Part II of these Regulations–
a
the amount or amounts shall be treated as reduced by anything he may set off by virtue of Part I of these Regulations, in paying the amount or amounts, and
b
he shall be treated as not liable to pay any such amount or amounts if, by virtue of regulations under that section, no payment need be made in respect of the amount or amounts.
PART III
GENERAL PROVISIONS
8
1
The following provisions of the Act shall be read subject to these Regulations–
section 79(2) and (3)
section 83(1) to (5)
section 86(2) and (3)
paragraph 5(4), (5), (7), (9) and (10) of Schedule 8
paragraph 9(9) and (10) of Schedule 8
paragraph 16 of Schedule 8.
2
The provisions of the Act mentioned below shall also be read as if references to payments made were to payments which would have been made apart from these Regulations, and as if references to sums received were references to sums which would have been received apart from Part II of these Regulations–
paragraph 2 of Schedule 8.
Signed by authority of the Secretary of State
David Hunt
Minister of State,
Department of the Environment
7th March 1990


text:
1
These Regulations may be cited as the Industrial Assurance (Fees) Regulations 1990 and shall come into force on 1st April 1990.
2
In the Regulations “ the Act ” means the Industrial Assurance Act 1923.
3
The fees set out in the Schedule hereto shall be payable in respect of the matters set out therein.
4
The Industrial Assurance (Fees) Regulations 1989 are hereby revoked.
J. M. Bridgeman
Industrial Assurance Commissioner
8th March 1990
We approve these Regulations,
Stephen Dorrell
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Radioactive Substances (Appeals) Regulations 1990 and shall come into force on 1st January 1991.
2
In these Regulations “the 1960 Act ” means the Radioactive Substances Act 1960.
Notice of appeal
2
1
A person who wishes to appeal to the Secretary of State under section 11D of the 1960 Act shall give written notice of the appeal to the Secretary of State.
2
The notice of appeal shall be accompanied by the following —
a
a full statement of the appellant’s case;
b
a copy of any relevant application;
c
a copy of any relevant certificate of registration or authorisation;
d
a copy of any relevant correspondence between the appellant and the chief inspector;
e
a copy of any decision or notice which is the subject-matter of the appeal;
f
a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
3
Any request by the appellant that an appeal be withdrawn shall be made to the Secretary of State in writing.
Time limit for bringing appeal
3
1
Subject to paragraph (2) below, notice of appeal pursuant to regulation 2(1) above is to be given before the expiry of the period of two months beginning with the date on which —
a
a copy of the decision or notice which is the subject-matter of the appeal is sent to the appellant; or
b
the relevant application is treated as having been refused pursuant to section 1(3A), 3(4B) or 8(3B) of the 1960 Act,
or before the expiry of such longer period as may be allowed by the Secretary of State.
2
Where the appeal is against the decision of the chief inspector to cancel a registration or to revoke an authorisation, notice of appeal shall be given before the expiry of the period of 28 days beginning with the date on which notice of the decision is given to the appellant under section 5(2) or 8(8) of the 1960 Act or before the expiry of such longer period as may be allowed by the Secretary of State.
Action upon receipt of notice of appeal
4
1
Upon receipt of a notice of appeal accompanied by the documents specified in regulation 2(2) above, the Secretary of State shall send to the chief inspector a copy of the notice of appeal, the statement of the appellant’s case and the appellant’s statement indicating whether he wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
2
Where the appeal is against a decision in respect of an application for an authorisation under section 6 of the 1960 Act on which the chief inspector consulted any local authority, local fisheries committee, river purification authority, statutory water undertakers or other public or local authority under section 9(3) of the 1960 Act , the chief inspector shall notify the Secretary of State of the names of the authorities consulted.
3
The Secretary of State shall send to any authority whose name is notified to him under paragraph (2) above a notice stating that an appeal has been lodged and that within a period of 21 days beginning with the date of service of that notice the authority may make representations to the Secretary of State with respect to the subject-matter of the appeal.
Written representations
5
1
Where the appellant informs the Secretary of State that he wishes the appeal to be disposed of on the basis of written representations, the chief inspector may submit written representations to the Secretary of State not later than 28 days after receiving a copy of the appellant’s statements.
2
The appellant may make further representations by way of reply to any representations from the chief inspector not later than 17 days after the date of submission of those representations by the chief inspector.
3
Any representations made by the chief inspector or the appellant shall be dated and submitted to the Secretary of State on the date they bear.
4
When the appellant or the chief inspector submits any representations to the Secretary of State under paragraph (3) above he shall at the same time send a copy to the other party.
5
The Secretary of State shall send to the appellant and the chief inspector a copy of any representations made to him by the authorities mentioned in regulation 4(2) above and shall allow the appellant and the chief inspector a period of not less than 14 days in which to make representations thereon.
6
The Secretary of State may in a particular case set later time limits than those mentioned in this regulation.
Hearings
6
1
The Secretary of State shall give the appellant and the chief inspector at least 28 days written notice of the date, time and place for the holding of any hearing unless they agree to a shorter period of notice.
2
Subject to paragraph (3) below, in the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the hearing —
a
publish a copy of the notice mentioned in paragraph (1) above in at least one newspaper circulating in the locality in which the activity which is the subject-matter of the appeal is or would be carried on; and
b
in a case where the Secretary of State is informed under regulation 4(2) above that the chief inspector has consulted any authority, serve a copy of that notice on every authority which was consulted.
3
The Secretary of State may vary the date fixed for the holding of any hearing and paragraphs (1) and (2) above shall apply to the variation of a date as they applied to the date originally fixed.
4
The Secretary of State may also vary the time or place for the holding of a hearing but shall give such notice of any such variation as appears to him to be reasonable.
5
After the conclusion of the hearing the person appointed to conduct the hearing shall make a report in writing to the Secretary of State which shall include his conclusions together with his recommendations or his reasons for not making any recommendations.
Notification of determination
7
1
The Secretary of State shall notify the appellant in writing of his determination of the appeal and of his reasons for it and, if a hearing is held, shall at the same time provide him with a copy of the report of the person who conducted the hearing.
2
The Secretary of State shall at the same time send a copy of those documents to the chief inspector and to any authority to which he was required to give notice of the appeal under regulation 4(3) above.
Michael Heseltine
Secretary of State for the Environment
7th December 1990
David Hunt
Secretary of State for Wales
10th December 1990
Signed by authority of the Secretary of State for Scotland
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
10th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Regions)(England) Order 1990 and shall come into force on 19th July 1990.
2
In this Order “the 1985 Act ” means the Housing Act 1985.
Designated rural area
2
1
Subject to paragraph (2) of this article, the area specified in the Schedule to this Order is hereby designated as a rural area for the purposes of section 157 of the 1985 Act.
2
The area designated by this article does not include any area of land in the National Park designated by the Dartmoor National Park (Designation) Confirmation Order 1951.
Designated region
3
In relation to a dwelling-house which is situated in the rural area designated by article 2 of this Order, thedesignated region for the purposes of section 157 of the 1985 Act shall be the County of Devon.
Chris Patten
Secretary of State for the Environment
21st June 1990


text:
1
This Order may be cited as the United Kingdom Forces (Jurisdiction of Colonial Courts) (Amendment No. 2) Order 1990 and shall come into force on 14th March 1990.
2
The United Kingdom Forces (Jurisdiction of Colonial Courts) Order 1965 is amended by inserting in the Schedule in the appropriate alphabetical order the word “Anguilla”.
G I de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Gipsy Encampments (District of Dover) Order 1990 and shall come into force on 30th May 1990.
2
The area of the District of Dover is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Chris Patten
Secretary of State for the Environment
30th April 1990


text:
Citation and commencement
1
This Order may be cited as the Inshore Fishing (Birch Point, Firth of Clyde) (Prohibition of Fishing) Order 1990 and shall come into force at 23.59 hours on Friday 20th July 1990.
Prohibition of fishing in waters at Birch Point, Firth of Clyde
2
1
The fishing for sea fish by any method of fishing is prohibited within the Scottish inshore waters in the Firth of Clyde described in paragraph (2) below during the period commencing at 23.59 hours on Friday 20th July 1990 and ending at 00.01 hours on Monday 6th August 1990.
2
The waters referred to in paragraph (1) above comprise the area of sea within a radius of 2 nautical miles of the point in the Firth of Clyde whose co-ordinates are 55° 37' 00" north latitude and 4° 59' 37" west longitude, which point lies off Birch Point, Isle of Arran.
Sanderson of Bowden
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
17th July 1990


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Noise Certification) Order 1990 and shall come into force on 1st August 1990.
Revocation
2
The Air Navigation (Noise Certification) Order 1987 is hereby revoked.
Interpretation
3
1
In this Order —
“an International Standard Atmosphere at sea level” has the meaning specified in Schedule 2 to this Order;
“authorised person” means any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ BCAR ” means the British Civil Airworthiness Requirements Section N — Noise Issue 5 dated 1st August 1990 published by CAA, reference CAP 469;
“by-pass ratio” means the ratio of the air mass flow through the by-pass ducts of a gas turbine engine to the air mass flow through the combustion chambers calculated at maximum thrust when the engine is stationary in an International Standard Atmosphere at sea level;
“ dB(A) ” means the unit for expressing A-weighted overall sound pressure level as specified in BCAR;
“ EPNdB ” means the unit for expressing effective perceived noise level as specified in BCAR;
“ LAX ” means the A-weighted noise energy of a single aircraft noise event as specified in BCAR;
“the CAA” means the Civil Aviation Authority;
“the Convention” means the Convention on International Civil Aviation signed on behalf of the United Kingdom at Chicago on 7th December 1944 6th edition published in 1980 by the International Civil Aviation Organisation, reference Doc 73006;
“derived version” means a modification of a prototype aircraft which, from the point of view of airworthiness, is similar to the prototype but incorporates changes in type design which may affect its noise characteristics adversely;
“noise certificate” means a certificate issued or validated or other document approved by the competent authority of a State to the effect that the aircraft to which the certificate or other document relates complies with the applicable noise certification requirements in force in that State;
“prescribed” means prescribed by Regulations made by the Secretary of State under this Order.
2
Expressions used in this Order shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989 .
3
A power to make Regulations under this Order shall include the power to make different provisions with respect to different classes of aircraft and with respect to different circumstances and to make such incidental and supplementary provisions as are necessary or expedient for carrying out the purposes of this Order.
Application of Order
4
This Order shall apply to —
a
every propeller driven aeroplane having a maximum total weight authorised of 9,000kg or less;
b
every aeroplane which is capable of sustaining level flight at a speed in excess of Flight Mach 1.0, being an aeroplane in respect of which applicable standards are specified in article 6(9) of this Order;
c
every microlight aeroplane;
d
every other subsonic aeroplane which in accordance with its certificate of airworthiness has a take-off distance required, at maximum total weight authorised on a hard level runway in still air in an International Standard Atmosphere at sea level, of more than 610 metres;
e
every helicopter, being a helicopter in respect of which applicable standards are specified in article 6(10) of this Order.
Requirement of noise certificate
5
1
Subject to paragraph (3) of this article an aircraft to which this Order applies, other than an aeroplane to which paragraph (2) applies, shall not land or take-off in the United Kingdom unless —
a
i
in respect of an aircraft specified in paragraphs (a), (b), (d) and (e) of article 4 of this Order there is in force in respect of that aircraft a noise certificate —
aa
issued by the CAA under article 6 of this Order; or
bb
issued or validated by the competent authority of the country in which the aircraft is registered, being a country prescribed as one which applies standards which in the opinion of the Secretary of State are substantially equivalent to those required for the issue of a noise certificate by the CAA; or
cc
issued or validated in pursuance of the Convention by the competent authority of the State in which the aircraft is registered, and
ii
in respect of an aeroplane specified in paragraph (c) of article 4 of this Order there is in force in respect of that aeroplane a noise certificate —
aa
issued by the CAA under article 6 of this Order; or
bb
issued or validated by the competent authority of the country in which the aeroplane is registered, being a country which applies standards which in the opinion of the CAA are substantially equivalent to those required for the issue of a noise certificate by the CAA, and
b
any conditions subject to which the certificate was issued are complied with.
2
A subsonic aeroplane registered in the United Kingdom after 1st November 1990 and powered by turbojet or turbofan engines which either has a maximum total weight authorised of more than 34,000kg or is capable of seating more than 19 passengers shall not take-off or land in the United Kingdom or in any other Member State of the European Community unless there is in force in respect of that aeroplane a noise certificate issued by the CAA certifying that the aeroplane complies with the standards specified in article 6(3) of this Order, and any conditions subject to which the certificate was issued are complied with.
3
The prohibition in paragraph (1) of this article shall not apply to —
a
an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Schedule 2 to the Air Navigation Order 1989;
b
an aircraft landing or taking-off at a prescribed place.
Issue of noise certificate by the Civil Aviation Authority and validity of noise certificate
6
1
The CAA shall issue a noise certificate in respect of any aircraft to which this Order applies if it is satisfied that the aircraft complies with the applicable standards specified in this article in relation to the noise made by the aircraft, and for that purpose the applicant for a certificate shall furnish such evidence and submit the aircraft to such flying trials and other tests as the CAA may require.
2
The standards applicable to an aeroplane having turbojet or turbofan engines (not being an aeroplane of a description referred to in paragraphs (3) or (4) of this article) shall be those specified in Part I of Schedule 1 to this Order.
3
Subject to paragraph (11) of this article, the standards applicable to an aeroplane having turbojet or turbofan engines which is of a description referred to in article 5(2) and which operates in the United Kingdom or in any other Member State of the European Community or which, in the opinion of the CAA —
a
conforms to a prototype aeroplane in respect of which the competent authority received an application for a certificate of airworthiness on or after 6th October 1977 and did not reject that application; or
b
conforms to a derived version of such a prototype aeroplane, being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 6th October 1977 and did not reject that application,
shall be those specified in Part II of the said Schedule 1.
4
Subject to paragraph (11) of this article, the standards applicable to an aeroplane having turbojet or turbofan engines (not being an aeroplane of a description referred to in article 5(2) unless it operates wholly outside the United Kingdom and the other Member States of the European Community) which, in the opinion of the CAA, conforms to a derived version of a prototype aeroplane (being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 6th October 1977 and did not reject that application and being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after the relevant date and did not reject that application) shall be those specified in Part III of the said Schedule 1; and the relevant date for an aeroplane having turbofan engines with a by-pass ratio of 2 or more is 6th October 1977 and for an aeroplane having turbojet or turbofan engines with a by-pass ratio of less than 2 is 26th November 1981.
5
The standards applicable to a propeller driven aeroplane having a maximum total weight authorised of more than 9,000kg (not being an aeroplane of a description referred to in paragraphs (6) and (7) of this article) shall be those specified in Part IV of the said Schedule 1.
6
The standards applicable to a propeller driven aeroplane having a maximum total weight authorised of more than 9,000kg, which in the opinion of the CAA —
a
conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 6th October 1977 and did not reject that application and in respect of which the certificate of airworthiness for the individual aeroplane was first issued on or after 26th November 1981; or
b
conforms to a derived version of a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 6th October 1977 and did not reject that application and in respect of which the certificate of airworthiness for the individual aeroplane was first issued on or after 26th November 1981,
shall be those specified in Part I of the said Schedule 1.
7
Subject to paragraph (11) of this article, the standards applicable to a propeller driven aeroplane having a maximum total weight authorised of more than 9,000kg which in the opinion of the CAA —
a
conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness on or after 1st January 1985 and did not reject that application; or
b
conforms to a derived version of such a prototype aeroplane, being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 1st January 1985 and did not reject that application,
shall be those specified in Part II of the said Schedule 1.
8
a
Subject to paragraph (11) of this article, except in respect of an aeroplane specified in paragraph (c) of article 4 of this Order, the standards applicable to a propeller driven aeroplane having a maximum total weight authorised of 9,000kg or less which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 1st January 1988 and did not reject that application; or
ii
conforms to a derived version of a prototype aeroplane being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype before 1st January 1988 and did not reject that application,
shall be those specified in Part V of the said Schedule 1.
b
Subject to paragraph (11) of this article, except in respect of an aeroplane specified in paragraph (c) of article 4 of this Order, the standards applicable to a propeller driven aeroplane having a maximum total weight authorised of 9,000kg or less which in the opinion of the CAA —
i
conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness on or after 1st January 1988 and did not reject that application; or
ii
conforms to a derived version of a prototype aeroplane being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 1st January 1988 and did not reject that application,
shall be those specified in Part VI of the said Schedule 1.
Provided that if the competent authority receives an application for a certificate of airworthiness for such an aeroplane before 1st January 1993 and does not reject that application and the aeroplane is unable to meet the standards specified in Part VI of the said Schedule 1, the standards specified in Part V of the said Schedule 1 shall apply.
9
The standards applicable to an aeroplane capable of sustaining level flight at a speed in excess of Flight Mach 1.0 which in the opinion of the CAA —
a
conforms to a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 1st January 1975 and did not reject that application and in respect of which a certificate of airworthiness was first issued on or after 26th November 1981; or
b
conforms to a derived version of a prototype aeroplane being a prototype in respect of which the competent authority received an application for a certificate of airworthiness before 1st January 1975 and did not reject that application and in respect of which the certificate of airworthiness for the individual aeroplane was first issued on or after 26th November 1981,
shall be that the noise made by the aeroplane shall be no louder than that made by the prototype when the noise level of the prototype is measured in accordance with paragraph 2 of Part I of the said Schedule 1 in the noise certification reference conditions set out in paragraphs 1 and 3(3) thereof.
10
Subject to paragraph (11) of this article, the standards applicable to a helicopter which in the opinion of the CAA —
a
conforms to a prototype helicopter, being a prototype in respect of which the competent authority received an application for a certificate of airworthiness on or after 1st August 1986 and did not reject that application; or
b
conforms to a derived version of a helicopter, being a derived version in respect of which the competent authority received an application to modify the certificate of airworthiness for the prototype on or after 1st August 1986 and did not reject that application; or
c
conforms to a derived version of a helicopter being a helicopter of an airworthiness standard equivalent to that which would have been required for the issue of a certificate of airworthiness for a prototype helicopter by the competent authority if the application had been made before 1st August 1986 and being a derived version in respect of which the competent authority received an application to modify such a helicopter on or after 1st August 1986 and did not reject that application,
shall be those specified in Part IX of the said Schedule 1.
11
For the purposes of determining the standard applicable to an aircraft where the interval between —
a
the application for a certificate of airworthiness for a prototype aircraft and the first issue of a certificate for an aircraft of that type; or
b
the application to modify a certificate of airworthiness for a prototype and the first issue of a certificate for an aircraft of that type as modified,
exceeds 5 years, the date on which the application was made shall, unless the CAA in a particular case otherwise directs, be deemed to be 5 years before the date of the first issue of the certificate.
12
The standards applicable to an aeroplane specified in paragraph (c) of article 4 of this Order shall be those —
a
specified in Part VII of Schedule 1 to this Order for any such aeroplane which is registered in the United Kingdom before 1st April 1986; or
b
specified in Part VIII of Schedule 1 to this Order for any other such aeroplane.
13
The CAA shall, except in respect of an aeroplane specified in paragraph (c) of article 4 of this Order, issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take-off and may issue such a certificate subject to such other conditions relating to standards as to noise as it thinks fit.
14
Subject to paragraph (15) of this article and article 9 of this Order, a noise certificate issued under this article shall remain in force without limit of time.
15
A noise certificate issued under this article in respect of an aircraft registered in the United Kingdom shall cease to be sufficient for the purposes of article 5 of this Order —
a
at such time as the aircraft or any part of it is modified, in any way which affects the ability of the aircraft to comply with the noise standards required by this Order, otherwise than in a manner and with material of a type approved by the CAA either generally or in relation to a class of aircraft or to a particular aircraft; and
b
until the completion of any inspection or test of the aircraft required by the CAA to be made, which shows that the aircraft complies with the noise standards required by this Order.
16
The CAA may, for the purposes of this article, accept reports furnished to it by a person whom it may approve, either absolutely or subject to such conditions as it thinks fit, as qualified to furnish such reports.
Noise certificate to be carried
7
1
An aircraft shall not land or take-off in the United Kingdom unless it carries any noise certificate which it is required to carry under the law of the country in which it is registered.
2
An aircraft registered in the United Kingdom shall, when in flight, whether within the United Kingdom or elsewhere, carry any noise certificate which is required by this Order to be in force in respect of that aircraft:
Provided that if the flight is intended to begin and end at the same aerodrome, the certificate may be kept at that aerodrome instead of being carried in the aircraft.
Production of noise certificate
8
The commander of an aircraft shall, within a reasonable time after being requested to do so by the CAA or an authorised person, cause to be produced to the CAA or that person the noise certificate in force in respect of that aircraft.
Revocation, suspension and variation of noise certificates
9
1
The CAA may, if it thinks fit, provisionally suspend any noise certificate, approval, exemption or other document issued under this Order pending inquiry into or consideration of the case. The CAA may, after sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, approval, exemption or other document.
2
The holder or any person having the possession or custody of any noise certificate, approval, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the CAA within a reasonable time after being required to do so by it.
3
The breach of any condition subject to which any noise certificate, approval, exemption or other document has been issued under this Order shall render the certificate invalid during the continuance of the breach.
Offences in relation to noise certificates
10
1
A person shall not with intent to deceive —
a
use any noise certificate issued or required under this Order which has been revoked or suspended, or to which he is not entitled; or
b
lend any such certificate to, or allow it to be used by, any other person; or
c
make any false representation for the purpose of procuring for himself or any other person the issue, renewal or variation of any such certificate.
2
A person shall not purport to issue any noise certificate under this Order unless he has been authorised to do so.
Power to prevent aircraft flying
11
1
If it appears to the CAA or an authorised person that any aircraft is intended or likely to be flown in such circumstances that article 5 of this Order would be contravened in relation to the flight, the CAA or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person, and, if the aircraft is in the United Kingdom, the CAA or that authorised person may take such steps as are necessary to detain the aircraft.
2
If the operator or the commander of an aircraft fails without reasonable excuse to comply with a direction given to him pursuant to paragraph (1) of this article, he shall be guilty of an offence.
3
For the purposes of paragraph (1) of this article, the CAA or any authorised person may enter upon and inspect any aircraft.
Right of access to aerodromes and other places
12
The CAA and any authorised person shall have for the purpose of ascertaining whether the provisions of this Order are being complied with, the right of access at all reasonable times —
a
to any aerodrome in the United Kingdom for the purpose of inspecting any aircraft on the aerodrome or any document which it, or he, has power to demand under this Order, and for the purpose of detaining any aircraft under this Order; and
b
to any place in the United Kingdom where an aircraft has landed, for the purpose of inspecting the aircraft or any document which it, or he, has power to demand under this Order and for the purpose of detaining the aircraft under this Order:
Provided that access to a Government aerodrome shall only be obtained with the permission of the person in charge of the aerodrome.
Obstruction of persons
13
A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Penalties
14
1
If any provision of this Order is contravened in relation to an aircraft the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
3
If any person contravenes any provisions of this Order, not being a provision referred to in paragraph (4) of this article, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If any person contravenes article 5, 10, 11 or 13 of this Order he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Application of Order to the Crown and visiting forces, etc.
15
1
Subject to the following provisions of this article, the provisions of this Order shall apply to, or in relation to, aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft:
Provided that nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.
2
The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.
3
Nothing in this Order shall apply to or in relation to any military aircraft.
Exemption
16
The CAA after consultation with the Secretary of State may exempt from any of the provisions of this Order or any Regulations made thereunder any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.
Extra-territorial effect of the Order
17
1
Except where the context otherwise requires, the provisions of this Order —
a
insofar as they apply (whether by express reference or otherwise) to aircraft registered in the United Kingdom, shall apply to such aircraft wherever they may be;
b
insofar as they apply as aforesaid to other aircraft shall apply to such aircraft when they are within the United Kingdom;
c
insofar as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by the commander of any aircraft registered in the United Kingdom, shall apply to him wherever he may be; and
d
insofar as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the United Kingdom by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.
2
Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 (which limits the criminal liability of citizens of certain countries) that that person shall not be guilty of an offence.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the British Nationality (Hong Kong) (Selection Scheme) Order 1990 and shall come into force on 1st December 1990.
2
The selection scheme submitted to the Secretary of State by the Governor of Hong Kong and set out in the Schedule to this Order shall have effect for the purposes of section 1(1) of the British Nationality (Hong Kong) Act 1990.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Conservation of Seals (England) Order 1990 and shall come into force on 19th December 1990.
2
Without prejudice to its earlier revocation this Order shall cease to have effect on the expiration of three years beginning with the date of its coming into force.
2
There is hereby prohibited, within the territorial limits set out in article 3 below, the killing, injuring or taking of seals of the species known as Halichoerus grypus (grey seals) and Phoca vitulina (common seals).
3
For the purposes of article 2 above, the territorial limits of this Order are:
a
the counties of Cleveland, Durham, East Sussex, Essex, Greater London, Humberside, Kent, Lincolnshire, Norfolk, North Yorkshire, Northumberland, Suffolk, Tyne and Wear; and
b
those territorial waters adjacent to England which are:
i
to the south of a line drawn at 055° true from the point on the mainland at 55° 48'.67 North latitude and 02° 02' .0 West longitude; and
ii
to the east of a line drawn true South from Newhaven Breakwater Head Light which is at 50° 46' .5 North latitude and 00° 03' .6 East longitude.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd November 1990


text:
Citation and commencement
1
These Regulations may be cited as the Potteries etc. (Modifications) Regulations 1990 and shall come into force on 26th March 1990.
Modifications to the Control of Lead at Work Regulations 1980
2
1
After regulation 3 of the Control of Lead at Work Regulations 1980 , there shall be inserted the following regulation —
Prohibition of certain glazes in pottery manufacture
3A
1
The use of any glaze other than a leadless glaze or a low solubility glaze in the manufacture of pottery is prohibited.
2
In this regulation —
“glaze” does not include engobe or slip;
“leadless glaze” means a glaze which does not contain more than one per cent of its dry weight of a lead compound calculated as lead monoxide;
“low solubility glaze” means a glaze which does not yield to dilute hydrochloric acid more than 5 per cent of its dry weight of a soluble lead compound when determined in accordance with a method approved in writing for the time being by the Health and Safety Commission.
3
In Regulation 7 of the Control of Lead at Work Regulations 1980, after the words “of a type approved” there shall be inserted the words “or conforming to a standard approved, in either case,”.
Revocations
3
The instruments specified in column 1 of the Schedule to these Regulations shall be revoked to the extent set out in the entry opposite thereto in column 2 of that Schedule.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
16th February 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Freeman Group of Hospitals National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Freeman Group of Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called The Freeman Group of Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be
to own and manage hospital accommodation and services at the Freeman Hospital, Freeman Road, High Heaton, Newcastle upon Tyne NE7 7DN and associated hospitals including the management of its teaching and research facilities.
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) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly, since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from The University of Newcastle upon Tyne.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1991.
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 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 Newcastle 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 Newcastle 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 Newcastle Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance) Amendment Regulations 1990 and shall come into force on 9th April 1990.
Amendment of the Social Security (Attendance Allowance) ( No. 2) Regulations 1975
2
In regulation 6(2) of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 (modification of section 35(1) to (4) of the Act in its application to children) the words “who has attained the age of 2 and” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
12th March 1990


text:
1
This Order may be cited as the Camden (Waiting and Loading Restriction) (Amendment No. 106) Order 1990 and shall come into force on 6th August 1990.
2
The Camden (Waiting and Loading Restriction) Order 1976 shall be further varied as follows —
for item 88 in Schedule 2 to that Order there shall be substituted item 88 as set out in columns 1, 2 and 3 of the Schedule to this Order.
Signed by authority of the Secretary of State for Transport.
R.M.C. Edridge
Director (Transport) London Regional Office of the
Department of Transport
3rd August 1990


text:
Title and interpretation
1
1
This Order may be cited as the Scotch Whisky Act 1988 (Commencement and Transitional Provisions) Order 1990.
2
In this Order —
“ the Act ” means the Scotch Whisky Act 1988; and
“exempt Scotch whisky” means Scotch whisky bottled and labelled for retail sale before 15th December 1990.
Commencement of provisions
2
The Act, except section 4, shall come into force on 30th April 1990.
Transitional provisions
3
Notwithstanding the provisions of section 2(1)(b) of the Act, it shall be lawful —
a
to sell by wholesale or retail exempt Scotch whisky until 14th December 1991; and
b
to sell by retail such exempt Scotch whisky as is held in stock by a retailer on 14th December 1991 until such stock is exhausted,
at an alcoholic strength less than any such strength specified in an order made by the Ministers under that section (being also transitional measures relating to the sale of spirit drinks contained in Article 1 of Commission Regulation ( EEC ) No 3773/89 laying down transitional measures relating to spirituous beverages ).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
27th April 1990.
Sanderson of Bowden
Minister of State, Scottish Office
30th April 1990


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1990 and shall come into force on 21st February 1990.
Amendment
2
1
The Table in Part II of Schedule 1B of the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be amended as follows.
2
In the entry relating to item 4C in Schedule 1, for paragraph 2 in column (2) and the entries relating to that paragraph in columns (3) and (4) there shall be substituted —
2. Other vehicles propelled by spark ignition engines, with a maximum gross weight of: — (a) not more than 2000 kg , See Schedule 1 Item 4C See Schedule 1 Item 4C 30.9.1990 30.9.1991 (b) more than 2000 kg and not more than 3500 kg, See Schedule 1 Item 4C See Schedule 1 Item 4C 30.9.1992 30.9.1993 (c)more than 3500 kg 1.10.1990 1.10.1990 — —
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
23rd January 1990


text:
1
This Order may be cited as the Value Added Tax (Construction of Dwellings and Land) Order 1990 and shall come into force on 1st February 1991.
2
For Note (7) in Group 8 of Schedule 5 to the Value Added Tax Act 1983 there shall be substituted the following–
7
The grant of an interest in, or in any part of–
a
a building designed as a dwelling or number of dwellings; or
b
the site of such a building,
is not within item 1 if–
i
the interest granted is such that the grantee is not entitled to reside in the building, or part, throughout the year; or
ii
residence there throughout the year, or the use of the building or part as the grantee’s principal private residence, is prevented by the terms of a covenant, statutory planning consent or similar permission.
3
Group 1 of Schedule 6 to the Value Added Tax Act 1983 shall be varied as follows–
a
for paragraph (d) of item 1 there shall be substituted the following–
d
the grant of any interest in, right over or licence to occupy holiday accommodation;
;
b
for Note (10) there shall be substituted the following–
10
Paragraph (d) includes–
a
any grant excluded from item 1 of Group 8 of Schedule 5 to this Act by Note (7) in that Group;
b
any supply made pursuant to a tenancy, lease or licence under which the grantee is or has been permitted to erect and occupy holiday accommodation.
;
c
after Note (10) there shall be inserted the following two Notes (10A) and (10B)–
10A
Paragraph (d) does not include a grant in respect of a building or part which is not a new building of–
a
the fee simple, or
b
a tenancy, lease or licence to the extent that the grant is made for a consideration in the form of a premium.
10B
“Holiday accommodation” includes any accommodation in a building, hut (including a beach hut or chalet), caravan, houseboat or tent which is advertised or held out as holiday accommodation or as suitable for holiday or leisure use, but excludes any accommodation within paragraph (c).
.
Irvine Patrick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 1990


text:
1
The length of highway described in the Schedule to this Order and shown by a thick black line on the deposited plan shall become a trunk road as from the date on which this Order comes into force.
2
In this Order —
“the deposited plan” means the plan numbered NWRT.5049/80/1(1) marked “The Park Road (East of Oak Lea Road to North Road) (Trunking) 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.
3
This Order shall come into force on 3rd August 1990 and may be cited as the Park Road (East of Oak Lea Road to North Road) (Trunking) Order 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
2nd July 1990


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (Revocation) Order 1990 and shall come into force on 13th February 1990.
Revocation
2
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1990 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th February 1990.
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1990 and shall come into force on 28th December 1990 but, subject to regulation 8, regulations 2 to 7 shall have effect as from 1st April 1989.
2
In these Regulations —
“the 1982 Regulations ” means the Local Government (Compensation for Premature Retirement) Regulations 1982 ;
“the 1984 Regulations ” means the Local Government (Compensation for Redundancy and Premature Retirement) Regulations 1984 .
Definitions
2
Regulation 3 of the 1982 Regulations is amended by substituting for the definition of “employing authority” —
“employing authority”, in relation to a person whose employment ceased as described in regulation 4(1)(a), means the body by whom he is employed on the material date, being —
a body specified in Part 1 of Schedule 1, or
his employer in an employment of a kind specified in column 1 of Part 2 of that Schedule;
.
Additional service
3
In regulation 5 (which shall become regulation 5(1)) of the 1982 Regulations, at the end there shall be added —
2
If his former employment was of a kind specified in paragraph 5 or 6 of Part 2 of Schedule 1, an eligible person may not be credited with a period of service without the consent —
a
where the employment was of the kind specified in paragraph 5, of every local education authority providing the institution with assistance, and
b
where it was of the kind specified in paragraph 6, of the Secretary of State.
.
Paying authority
4
Regulation 20 of the 1982 Regulations is amended by substituting for paragraphs (2) and (3) the following:
2
In the case of an eligible person whose former employment was of a kind specified in column 1 of Part 2 of Schedule 1, compensation shall, subject to paragraphs (3) to (3C), be paid by the paying authority ascertained from column 3.
3
Where —
a
the former employment was of a kind specified in paragraph 4, 5, 6 or 7 of Part 2 of Schedule 1, and
b
in consequence of any amalgamation, merger or other arrangement the institution becomes part of another (the “successor establishment”) and ceases to have a separate governing body,
the governing body of the successor establishment becomes the paying authority.
3A
Where —
a
the former employment was of a kind specified in paragraph 4 or 5 of Part 2 of Schedule 1, and
b
the institution closes and there is no successor establishment,
the local education authorities who provided the institution with assistance become, jointly, the paying authority, and each is to meet that proportion of the cost which the aggregate of the assistance it provided during the three years preceding the closure bears to the aggregate of the assistance provided by them all.
3B
Where —
a
the former employment was of a kind specified in paragraph 6 or 7 of Part 2 of Schedule 1, and
b
the institution closes and there is no successor establishment,
the Secretary of State becomes the paying authority.
3C
Where the former employment was of the kind specified in paragraph 3 of Part 2 of Schedule 1, the Secretary of State may —
a
require the governing body of the school to repay him any amounts paid by him in respect of compensation, or
b
accept from the governing body a single payment of a sum equal to the actuarial value of the total compensation payable, or
c
accept from them the payment of such a sum by not more than five annual instalments.
.
Persons employed in educational establishments
5
There shall be substituted for regulation 21 of the 1982 Regulations the following:
21
1
These Regulations shall apply to an eligible person whose former employment was of a kind specified in column 1 of Part 2 of Schedule 1 as if the references to the employing authority —
a
in regulation 5 and paragraph 7 of Schedule 2 were references to the deciding authority ascertained from column 2 of Part 2 of Schedule 1, and
b
in regulations 7(1), 8(2), 10(3), 12(2)(b), 14(2), 17, 18(1) and (2) and 20(4) were references to the person who, under regulation 20(2) to (3C), is for the time being the paying authority.
2
Where —
a
the former employment was of the kind specified in paragraph 1 of Part 2 of Schedule 1, and
b
the employing authority is the local education authority, and
c
the governing body of the school or institution request the authority to do so,
the authority must certify, or as the case may be declare themselves satisfied, as mentioned in regulation 4(1)(a).
.
Employment in connection with education
6
For Part 2 of Schedule 1 to the 1982 Regulations there shall be substituted the following:
PART 2
EMPLOYMENT IN CONNECTION WITH EDUCATION
1 2 3 Kind of employment Deciding authority Paying authority
1
Employment at a single school or institution maintained by a local education authority which for the time being had a delegated budget within the meaning of Chapter III of Part I or Chapter III of Part II of the Education Reform Act 1988 (“the 1988 Act ”).
Governing body of school or institution. Local education authority.
2
Employment at a school or institution maintained by a local education authority which did not have a delegated budget, employment by a local education authority otherwise than at a school or institution, or employment at a maintained school or institution with a delegated budget which was concurrent with employment of either of those kinds or with employment at another such school or institution.
Local education authority. Local education authority.
3
Employment at a school maintained under Chapter IV of Part I of the 1988 Act (grant-maintained schools).
Governing body of school. Secretary of State.
4
Employment at an institution not maintained by a local education authority which for the time being had a delegated budget within the meaning of Chapter III of Part II of the 1988 Act.
Governing body of institution. Governing body of institution.
5
Employment at an institution falling within section 218(10) of the 1988 Act which was designated as an institution substantially dependent for its maintenance on assistance from local education authorities and which did not have a delegated budget.
Governing body of institution. Governing body of institution.
6
Employment at an institution falling within section 218(10) of the 1988 Act which was designated as an institution substantially dependent for its maintenance on grants under section 100(1)of the Education Act 1944 .
Governing body of institution. Governing body of institution.
7
Employment at an institution falling within section 218(11) of the 1988 Act.
Governing body of institution. Governing body of institution.
.
Compensation in certain cases of redundancy
7
The 1984 Regulations are amended —
a
in regulation 4(1), by substituting for the words from “an authority” to the end the words “an employing authority within the meaning of the principal regulations.”;
b
in regulation 5, by inserting after the word “employed” the words “or, where the employment was at an aided school within the meaning of section 15 of the Education Act 1944, the local education authority”.
Retrospective effect
8
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the 1982 Regulations or the 1984 Regulations provide in a worse position than he would have been in if regulations 2 to 7 above had been framed so as to have effect only from the date of their making.
Chris Patten
Secretary of State for the Environment
28th November 1990


text:
1
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1990 and shall come into force on 16th April 1990.
2
In this Order, an article referred to by number means the article so numbered in the Public Trustee (Fees) Order 1985 .
2
In article 20(2), there shall be substituted, for the figure “6”, the figure “5”.
3
For article 22, there shall be substituted the following —
Commission fee
22
1
On any dealing in securities a fee shall be payable equal to the amount of any stockbroker’s commission refunded to the Public Trustee.
2
Where a commission is received by the Public Trustee on any deposit of money, a fee shall be payable equal to the amount of the commission received.
.
4
After article 25(1), there shall be inserted the following new paragraph —
1A
Where the Public Trustee receives income from dividends or interest after deduction of tax, the income collection fee shall be payable in respect of the income so received.
.
David Lightbown
John Taylor
Two of the Lords Commissionersof Her Majesty’s Treasury
Dated 20th March 1990
I hereby signify my sanction
Mackay of Clashfern,C.
Dated 22nd March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Mathematics and Science) Order 1990 and shall come into force in accordance with article 3.
2
This Order applies to maintained schools in England only.
2
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office entitled “English in the National Curriculum” , “Mathematics in the National Curriculum” and “Science in the National Curriculum” (which documents have effect by virtue of the section 4(2)(a) and (b) orders);
“the core subjects” means English, mathematics and science;
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“profile components” means the attainment target and the grouping of attainment targets in the core subjects specified in the Schedule hereto;
“ SATs ” means standard assessment tasks, being tasks published by Her Majesty’s Stationery Office on behalf of the Secretary of State, which are required to be administered to pupils in accordance with this Order and the provisions of the document in which they are published for the purpose of assessing the levels of attainment the pupils have achieved in attainment targets in the core subjects;
“ SEAC ” means the School Examinations and Assessment Council;
“the section 4(2)(a) and (b) orders” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1989 and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1989 ;
“spring term” and “summer term” mean the second and third terms respectively in a school year;
references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order unless the context otherwise requires, any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
The provisions of this Order apply in respect to pupils in the final year of the first key stage, and shall come into force —
a
on 1st August 1990 in respect of such pupils who do not have a statement of special educational needs; and
b
on 1st August 1991 in respect of such pupils who have such a statement.
Teacher assessment
4
1
Each pupil shall be assessed by a teacher during the spring term in accordance with the provisions of this article, and such an assessment shall be known as a “teacher assessment”.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for each core subject in relation to the first key stage which applies to him.
3
The teacher shall not later than 31st March during or (as the case may be) immediately after the end of the spring term mentioned in paragraph (1) assess the pupil and record the results of the assessment.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to every attainment target mentioned in paragraph (2).
5
In making an assessment of a pupil pursuant to paragraph (1) a teacher may take into account the results of any previous assessments of the pupil (whether or not made by that teacher).
Standard task assessment
5
1
Subject to article 10 each pupil shall be assessed during the summer term in accordance with the provisions of this article, and such an assessment shall be known as a “SAT assessment”.
2
SATs published on behalf of the Secretary of State by Her Majesty’s Stationery Office pursuant to article 11 shall be administered to the pupil during the first half of the summer term in accordance with the provisions of the document in which they are published.
3
An assessment based on the pupil’s response (including written and oral work) to the SATs shall be made, and the result thereof recorded, not later than the end of the first half of that term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to each relevant attainment target in a core subject.
5
In paragraph (4) “relevant attainment target” means any attainment target in any core subject in which the SATs enable achievement to be assessed.
6
For the purposes of paragraphs (2) and (3) any period of half-term holiday shall be treated as part of the term.
Determination of level of attainment by assessments
6
1
Subject to article 10 the provisions of this article regulate the application of the results of teacher and SAT assessments in order to determine a pupil’s level of attainment in each attainment target for the purposes of article 7.
2
a
Where the results of the teacher assessment and the SAT assessment are the same, the level of attainment determined by those assessments shall be the level for the purposes of article 7;
b
where the SAT does not enable achievement to be assessed in relation to any attainment target the level of attainment determined by the teacher assessment shall be the level for the purposes of article 7;
c
where the results of the teacher assessment and the SAT assessment are different, subject to paragraph (3) the level of attainment determined by the SAT assessment shall be the level for the purposes of article 7.
3
If, in the circumstances to which paragraph (2)(c) applies, the application of the level of attainment determined by the teacher assessment in accordance with article 7 would produce a different profile component level from that which such an application of the level determined by the SAT assessment would produce, the level of attainment determined by the teacher assessment shall, if the local education authority (in the case of a school which the authority maintain) or SEAC (in the case of a grant-maintained school) determine that it represents the more accurate assessment of the pupil’s achievements, be the level for the purposes of article 7.
Determination of attainment by profile component
7
1
Subject to article 9 the provisions of this article regulate the aggregation of attainment target assessments to determine profile component levels.
2
Where a profile component consists of a single attainment target, the level of attainment for that target shall be the pupil’s level for that profile component.
3
Where a profile component consists of four or more attainment targets, the level for that component shall be the highest level attained or exceeded by the pupil in not less than half of the attainment targets.
4
In the case of the writing profile component in English (which consists of three attainment targets: writing, spelling and handwriting), the level for that component shall, subject to paragraph (5), be the average of the levels attained by the pupil in the three attainment targets.
5
For the purpose of calculating the average level referred to in paragraph (4) —
a
the attainment levels shall be weighted by the following factors:
writing 7
spelling 2
handwriting 1; and
b
where the average is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
Determination of attainment by subject
8
1
Subject to article 9 the provisions of this article regulate the aggregation of profile component levels of attainment to determine subject levels of attainment.
2
In each core subject, a pupil’s level of attainment shall be the average of the profile component levels of attainment in that subject, calculated in accordance with paragraphs (3) and (4).
3
a
where the average number is not a whole number, it shall be rounded to the nearest whole number;
b
where the average number contains the fraction of one half, it shall be rounded up to the nearest whole number.
4
a
in the case of English and science, each profile component shall be weighted equally;
b
in the case of mathematics, the profile components shall be weighted by the following factors:
Number, algebra and measures 3
Shape and space and data handling 2.
5
The results of the application of the provisions of this article and of articles 6 and 7 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in each core subject and each attainment target and profile component in each such subject.
Pupils not subject to provisions of the National Curriculum
9
1
Articles 7 and 8 shall have effect in relation to pupils in maintained schools as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where one third or fewer of the attainment targets in a profile component do not apply to such a pupil, article 7 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.
3
Where more than on third of the attainment targets in a profile component do not apply to such a pupils article 7 shall not apply for the purpose of determining the pupil’s profile component level of attainment.
4
Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1) — (4) of article 8 shall not apply.
5
If the writing attainment target of the writing profile component in English does not apply to a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.
6
Article 8(5) shall apply in respect of all levels of attainment in attainment targets, profile components and core subjects which have been assessed in relation to the pupil.
Pupil’s absence incomplete SATs
10
Where a pupil is unable to complete a SAT due to his absence from school (whether because of illness or for any other reason) —
a
if in the opinion of his head teacher he has done sufficient work on the SAT to enable an assessment of his level of attainment in any attainment targets to be made, any such assessment shall be treated as an assessment made in pursuance of article 5;
b
if in the opinion of his head teacher he has not done sufficient work as aforesaid, the levels of attainment determined by the teacher assessment shall be the levels for the purposes of article 7 unless the local education authority (in the case of a pupil at a school which the authority maintain) or SEAC (in the case of a pupil at a grant-maintained school disagree, in which case the levels of attainment shall be such as the local education authority or SEAC determine by reference to the work the pupil has done on the SAT in question.
Supplementary powers of the Secretary of State
11
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular SATs and provisions as to their administration to pupils.


text:
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 1990 and shall come into force on 18th June 1990.
2
The Motor Cars (Driving Instruction) Regulations 1989 shall be amended as follows.
3
In the Table in regulation 13, for the entry in column (3) in items 4, 6, and 7, there shall be substituted in each case “£146”.
4
For regulation 16, there shall be substituted the following regulation —
16
1
The prescribed manner of fixing to and exhibiting on a motor car a certificate or a licence for the purposes of section 123(2) of the Act is the manner specified in paragraph (2).
2
The certificate or licence shall be —
a
fixed to and immediately behind the front windscreen of the motor car on its nearside edge, and
b
exhibited so that the particulars on the back of the certificate or licence are clearly visible in daylight from outside the motor car and the particulars on the front of the certificate or licence are clearly visible from the front nearside seat of the vehicle, where fitted.
3
The prescribed form of certificate for the purposes of section 123(2) is a certificate in the form set out in Schedule 3 to these Regulations.
5
In Schedule 3, in the heading, for “Regulation 16” there shall be substituted “Regulations 14 and 16”.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Seary of State,
Department of Transport
21st May 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (United Artists Communications (North Thames Estuary) Limited) Order 1990 and shall come into force on 7th January 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State
Department of Trade and Industry
4th December 1990


text:
1
The length of trunk road described in the Schedule to this Order and shown by a broken black line on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Buckinghamshire that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”
means the plan numbered HA10/2E/303 marked “The A5 London — Holyhead Trunk Road (Little Brickhill) Detrunking Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road”
means the trunk road which the Secretary of State is authorised to construct in pursuance of the A5 London — Holyhead Trunk Road (Little Brickhill Bypass and Slip Roads) Order 1990 , and
iv
“the trunk road”
means the London — Holyhead Trunk Road (A5).
3
This Order shall come into force on 13th November 1990 and may be cited as the A5 London — Holyhead Trunk Road (Little Brickhill) Detrunking Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
16th October 1990