text:
PART I
GENERAL
Citation, Commencement and Extent
1
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1991 and shall come into force on 1st April 1991.
2
With the exception of regulation 3(1), these Regulations extend to England only.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Education Reform Act 1988;
“the 1989 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1989 ;
“the 1990 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1990 ;
“school” means a grant-maintained school (within the meaning of the Act).
2
The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations —
aggregated budget section 33(4)(b) allocation formula section 38(2) capital grant section 79(3)(b) change in the characteristics of the school regulation 4(12) delegated budget section 33(6)(b) financial year section 235(1) former maintaining authority sections 74(8) and 104(1)(i) and (6) general schools budget section 33(4)(a) incorporation date section 104(3) maintenance grant section 79(1) relevant date regulation 7(1) relevant expenditure regulation 5(5) relevant part of the amount determined in respect of a school under regulation 5(4) of the 1990 Regulations regulation 4(6)(c) scheme section 51(2)(a) school’s budget share section 51(2)(b) special purpose grants section 79(3)(a).
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation, amendment and transitional provisions
3
1
In the 1990 Regulations —
a
after paragraph (1) of regulation I there shall be inserted the following paragraph —
2
These Regulations extend to Wales only.
; and
b
paragraphs (2) and (3) of regulation 3 are revoked.
2
Nothing in paragraph (1) shall affect, as respects England, the continued operation after 31st March 1991 of the requirements imposed by the Secretary of State on a governing body of a school to whom payments in respect of maintenance grant, capital grant or special purpose grant have been made under the 1989 or 1990 Regulations, or both.
3
Notwithstanding the following provisions of these Regulations,
a
the 1989 Regulations shall continue to apply for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1990, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of the financial year ending on 31st March 1990; and
b
the 1990 Regulations shall continue to apply as respects England for the purposes of —
i
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1991, and
ii
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of the school in respect of the financial year ending on 31st March 1991.
PART 2
GRANTS
Determination of amount of maintenance grant
4
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to regulations 7, 8, 9 and 10.
2
Subject to paragraphs (3) and (4), the Secretary of State shall determine in relation to the financial year in question an amount which he is satisfied is or approximates to an amount which the former maintaining authority could have determined, by the application of their allocation formula in relation to a comparable maintained school covered by their scheme, as such a school’s budget share.
3
a
Without prejudice to paragraph (4) below, this paragraph applies in the case of any school whose incorporation date is after 1 April in the financial year in respect of which the determination of maintenance grant under this regulation is made (referred to in this paragraph as “the current financial year”).
b
In any case to which this paragraph applies the Secretary of State shall determine the amount referred to in paragraph (2) in accordance with subparagraph (c) below.
c
The Secretary of State shall determine an amount which appears to him to be equal to that amount of the school’s budget share for the current financial year which had not been expended immediately before the school’s incorporation date by the governing body of the school (before it acquired grant-maintained status) in exercise of their powers under section 36(5) of the Act.
4
a
Where it appears to the Secretary of State that, in relation to the financial year in question, a comparable maintained school’s budget share would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year,
i
in the case of a school which was a grant-maintained school at any time in the preceding financial year, he may determine the amount referred to in paragraph (2) above in accordance with sub-paragraph (b);
ii
in the case of any school which was not a grant-maintained school at any time in that year, he may determine the amount of maintenance grant payable in respect of the school in accordance with sub-paragraph (c).
b
In any case to which sub-paragraph (a)(i) applies, the Secretary of State may determine the amount referred to in paragraph (2) by reference to its maintenance grant for that year, adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things —
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the immediately preceding financial year, and
ii
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
c
in any case to which sub-paragraph (a)(ii) applies, the Secretary of State shall determine the amount of maintenance grant payable in respect of the school in accordance with regulation 5(3) to (8), save that —
i
in the definition of “relevant schools” in regulation 5(7)(b), for the reference to “section 50” there shall be substituted a reference to “section 42”, and
ii
in any case to which, apart from this sub-paragraph, paragraph (8) would apply, there shall be added to the amount of maintenance grant determined in respect of the school an amount determined in accordance with that paragraph,
and paragraphs (5) to (7) below shall not apply.
5
Subject to paragraph (6), the Secretary of State shall determine an amount which is equal to 16 per cent. of the amount determined in respect of the school in accordance with, as the case may be, paragraph (2), (3) or (4)(b).
6
a
This paragraph applies in the case of any school —
i
whose incorporation date falls in or before the financial year ending on 31 March 1991;
ii
in respect of which maintenance grant was determined for that financial year under regulation 4 or 5 of the 1990 Regulations; and
iii
in respect of which the amount determined in accordance with paragraph (5) above would be less than the amount which was determined in respect of the school under regulation 4(4) of the 1990 Regulations or, as the case may be, less than the relevant part of the amount determined in respect of the school under regulation 5(4) of the 1990 Regulations for the financial year ending on 31 March 1991.
b
In any case to which this paragraph applies, paragraph (5) shall have effect as if it required the Secretary of State to determine an amount equal to the amount which was determined in respect of the school for the financial year ending on 31 March 1991 under regulation 4(4) of the 1990 Regulations, or (as the case may be) the relevant part of the amount determined in respect of the school for that year under regulation 5(4) of the 1990 Regulations.
c
In this paragraph and in regulation 6(7), a reference to the relevant part of the amount determined in respect of a school under regulation 5(4) of the 1990 Regulations is a reference to that part of the amount which is calculated by the application of the following part of the formula in regulation 5(4)(b) of the 1990 Regulations —
( N × E ) (T)
.
7
a
Subject to any addition made by virtue of paragraph (8), the amount of maintenance grant payable in respect of a school for the financial year in respect of which the determination under this regulation is made shall be the sum of the amounts determined in accordance with, as the case may be, paragraphs (2) and (5), (3) and (5) or (4)(b) and (5), together with such amounts as are determined in accordance with sub-paragraphs (b), (d) and (e) below.
b
The Secretary of State shall determine an amount in respect of the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) ( B )
, where,
M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the authority’s planned expenditure for the year in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the immediately preceding financial year determined by the Secretary of State;
G is the total of the authority’s planned expenditure for the year on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals; and
B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the immediately preceding financial year determined by the Secretary of State.
c
In sub-paragraph (b),
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools excluding any such expenditure falling within their aggregated budget; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 42 of the Act, according as to whether the school is a primary or secondary school.
d
The Secretary of State shall determine an amount which appears to him to be such amount as the school, had it continued to be maintained by the authority, would have been eligible in accordance with the authority’s scheme to receive in respect of contingencies.
e
Where at the school there is provision of education for junior pupils who have not attained the age of five years, the Secretary of State shall determine an amount in respect of the provision of education for such pupils at the school which he is satisfied is fair and reasonable having regard in particular to the extent that, in his opinion, the cost of providing education for such pupils at the school is to be met from the amount determined in accordance with paragraph (2) or, as the case may be, paragraph (3) above.
8
a
This paragraph applies where —
i
the determination of maintenance grant in respect of a school is for the financial year in which the school’s incorporation date falls; and
ii
in the financial year preceding the financial year to which the determination of maintenance grant relates (in this paragraph referred to as “the preceding financial year”) the school (before it acquired grant-maintained status) had a delegated budget under a scheme made by the former maintaining authority.
b
In any case to which this paragraph applies, there shall be added to the amount of maintenance grant payable in respect of the school under paragraph (7) an amount determined in accordance with sub-paragraph (c).
c
The Secretary of State shall determine an amount which appears to him to be such amount as is equal to that amount of the school’s budget share for the preceding financial year which was not spent by the governing body of the school in exercise of their powers under section 36(5) of the Act.
9
Where precise calculation for the purpose of determining any of the amounts referred to in paragraphs (2) to (8) in the opinion of the Secretary of State would be impracticable, would not significantly affect the amount or would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount, the Secretary of State may determine as the amount of maintenance grant payable in respect of the school for the financial year in question such amount as appears to him to be fair and reasonable in the light of the former maintaining authority’s scheme having regard to any information which is available to him.
10
a
Subject to paragraph (11), references in this regulation to a maintained school are references to a school maintained by the former maintaining authority concerned, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in paragraph (2) are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school —
i
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
ii
any other factors affecting the needs of which (including in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
b
For the purposes of sub-paragraph (a) above the number of registered pupils (and the number of such pupils who have special educational needs) at the grant-maintained school is that number (in each case) determined by the Secretary of State as a number which appears to him to be or to approximate to a number of registered pupils which could under the authority’s scheme have been used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the financial year in question, had the school continued to be maintained by the authority.
11
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the former maintaining authority’s scheme whether or not there is in fact such a school.
12
References in paragraph (4)(b), regulation 5(8), regulation 6(5)(b) and regulation 10(1), to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
5
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school in any case where —
a
the determination of maintenance grant is for a financial year other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and
b
the school’s incorporation date falls in the financial year in respect of which the determination of maintenance grant is made.
2
This regulation is subject to the provisions of regulations 7, 9 and 10.
3
The sum of the amounts determined in accordance with paragraphs (4), (6) and (7) shall, subject to any adjustment made in accordance with paragraph (8), be the amount of maintenance grant payable to the governing body of the school for the financial year in respect of which the determination under this regulation is made.
4
The Secretary of State shall determine an amount which he is satisfied is equal to the amount of relevant expenditure incurred by the former maintaining authority in respect of the school for the financial year ending last before the incorporation date of the school.
5
The reference in paragraph (4) to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 1, but does not include any expenditure on the heads or items specified in Schedule 2.
6
The Secretary of State shall determine an amount which is equal to 16 percent. of the amount determined in accordance with paragraph (4).
7
a
The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) ( B )
, where,
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 4(7)(b).
b
In this paragraph,
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school.
8
The sum of the amounts determined in accordance with paragraphs (4), (6) and (7) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things —
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and
ii
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
6
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school in any case where —
a
the determination of maintenance grant is for a financial year other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and
b
the school was a grant-maintained school before the financial year in respect of which the determination of maintenance grant is made.
2
This regulation is subject to the provisions of regulations 7, 9 and 10.
3
The sum of the amounts determined in accordance with paragraphs (4), (6) and (8) shall be the amount of maintenance grant payable to the governing body of the school for the financial year in respect of which the determination under this regulation is made.
4
The Secretary of State shall determine an amount which is produced by taking —
a
in the case of any school whose incorporation date falls in the financial year ending on 31 March 1990, the amount which was determined in respect of the school for that financial year under regulation 3(2) of the 1989 Regulations, or
b
in the case of any school whose incorporation date falls in the financial year ending on 31 March 1991, the amount which was determined in respect of the school for that financial year under regulation 5(2) of the 1990 Regulations, and
adjusting that amount by such amount as appears to him to be fair and reasonable having regard to, among other things, the matters set out in paragraph (5) below.
5
For the purposes of paragraph (4) the Secretary of State shall have regard to, among other things —
a
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the schools maintained by them occurring since the financial year in which the school acquired grant-maintained status; and
b
any significant change in the characteristics of the school occurring as aforesaid or which it appears to him is likely to occur before the end of the financial year in relation to which grant is being determined.
6
Subject to paragraph (7), the Secretary of State shall determine an amount which is equal to 16 per cent. of the amount determined in respect of the school in accordance with paragraph (4).
7
a
This paragraph applies in the case of any school —
i
whose incorporation date falls in the financial year ending on 31 March 1991;
ii
in respect of which maintenance grant was determined for that financial year under regulation 5 of the 1990 Regulations; and
iii
in respect of which the amount determined in accordance with paragraph (6) would be less than the relevant part of the amount which was determined in respect of the school under regulation 5(4) of the 1990 Regulations for the financial year ending on 31 March 1991.
b
In any case to which this paragraph applies, paragraph (6) shall have effect as if it required the Secretary of State to determine an amount equal to the relevant part of the amount which was determined in respect of the school under regulation 5(4) of the 1990 Regulations for the financial year ending on 31 March 1991.
8
a
The Secretary of State shall determine an amount in respect of the authority’s planned expenditure on the provision of school meals calculated by the application of the following formula —
( M × F ) ( P ) + ( S × G ) ( B )
, where,
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 4(7)(b).
b
In this paragraph, “number of registered pupils”, “planned expenditure” and “relevant schools” shall have the meanings assigned to them by regulation 5(7)(b).
7
1
Subject to paragraphs (2) and (3) below, the amounts referred to in, as the case may be, paragraphs (2), (3), (4)(b) and (7) of regulation 4, paragraphs (4) and (7) of regulation 5, or paragraphs (4) and (8) of regulation 6 shall be determined by the Secretary of State on the information available to him on a date determined by him and notified by him to the former maintaining authority (referred to in this regulation as “the relevant date”).
2
The Secretary of State may redetermine the relevant date in any case where he considers it appropriate to do so and shall in any such case notify the former maintaining authority of the redetermined date.
3
Where there is not available to the Secretary of State on the relevant date (or that date as redetermined in accordance with paragraph (2) above) sufficient information as will, in his opinion, allow him to determine any of the amounts referred to in, as the case may be, paragraphs (2), (3), (4)(b) and (7) of regulation 4, paragraphs (4) and (7) of regulation 5, or paragraphs (4) and (8) of regulation 6 he may determine the amount of maintenance grant payable in respect of the school on such basis as appears to him to be fair and reasonable.
4
The Secretary of State shall not be required to take account of any information made available to him after the relevant date (but before the date of his determination) for the purposes of determining the amount of maintenance grant payable in respect of a school for the financial year in question.
8
Notwithstanding the provisions of regulation 4 but subject to regulations 7, 9 and 10 the Secretary of State may, after consulting the governing body or prospective governing body (as the case may be) of the school and the former maintaining authority, determine the amount of maintenance grant payable by him to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act in accordance with the provisions of regulation 5(3) to (8), or, as the case may be, regulation 6(3) to (8) save that —
a
in the definition of “relevant schools” in regulation 5(7)(b) (including that definition as it is applied for the purposes of regulation 6(8)), for the reference to “section 50” there shall be substituted a reference to “section 42”;
b
in regulation 6(7), for the reference to “the relevant part of the amount which was determined in respect of the school under regulation 5(4) of the 1990 Regulations” there shall be substituted a reference to “that amount which was determined in respect of the school under regulation 4(4) of the 1990 Regulations”; and
c
in any case to which regulation 4(8) would apply were the amount of maintenance grant in respect of the school to be determined in accordance with regulation 4, there shall be added to the amount of maintenance grant determined in respect of the school the amount which would be determined in accordance with regulation 4(8).
Apportionment of maintenance grant
9
1
This regulation applies in the case of any school whose incorporation date falls after 1 April in the financial year in respect of which the determination of maintenance grant under these Regulations is made.
2
Subject to paragraph (4), where in respect of any such school the amount of maintenance grant is determined under regulation 4, the amount of maintenance grant payable to the governing body of the school for the financial year in question shall be apportioned in accordance with the following formula —
D + A × C × F B
, where,
A is the number of days in the financial year falling on or after the incorporation date of the school;
B is 365 or, where the financial year in question ends during a leap year, 366;
C is the sum of the amounts determined in accordance with regulation 4(7)(b) and (e);
D is the sum of the amounts determined in accordance with regulation 4(3), (5), (7)(d) and (8);
F bears the value ascribed to it in the Table below according to the incorporation date of the school —
incorporation date 1 April-31 July F=1.0 incorporation date 1 August-31 December F=1.01 5 incorporation date 1 January-31 March F=1.02.
3
Where in respect of any such school the amount of maintenance grant is determined under regulation 5 or 7(3), the amount of maintenance grant payable to the governing body of the school for the financial year in question shall be apportioned in accordance with the following formula —
A × C × F B
, where
C is the amount of maintenance grant determined in respect of the school in accordance with regulation 5 or, as the case may be, regulation 7(3); and
A, B and F represent the matters respectively denoted by those letters in paragraph (2).
4
Where in respect of any such school the amount of maintenance grant is determined under regulation 4(4)(c) or 8, the amount of maintenance grant payable to the governing body of the school for the financial year in question shall be apportioned in accordance with the following formula —
G + A × C × F B
, where
C is the amount of maintenance grant determined in respect of the school in accordance with regulation 5(3) to (8) (as provided for by regulation 4(4)(c) or, as the case may be, regulation 8);
G is the amount referred to in regulation 4(8) as determined in respect of the school (as provided for by regulation 4(4)(c)(ii) or, as the case may be, regulation 8(c)); and
A, B and F represent the matters respectively denoted by those letters in paragraph (2).
Adjustments
10
1
Without prejudice to paragraphs (3) and (4) but subject to paragraph (2), where after determining the amount of maintenance grant payable in respect of any school for any financial year (or any part of such a year) in accordance with these Regulations, it appears to the Secretary of State that, by reason of any change in the characteristics of the school or the level of spending by the former maintaining authority, or otherwise, the amount so payable should be revised, he may redetermine the amount of such grant payable in respect of the school for that year (or any part of that year) in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly and give notice thereof to the governing body of the school and to the former maintaining authority.
2
Paragraph (1) shall not enable the Secretary of State to revise his determination of maintenance grant payable in respect of a school if the effect of such revision is to reduce the amount of maintenance grant payable in respect of the school for the financial year in question.
3
Subject to paragraph (4), where the Secretary of State is satisfied that his determination of the amount of maintenance grant in respect of any school for any financial year (or any part of such a year) was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations, he may redetermine the amount of such grant payable in respect of the school for that year (or any part of that year) in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly and give notice thereof to the governing body of the school and to the former maintaining authority.
4
Where it appears to the Secretary of State that —
a
the circumstances specified in paragraph (3) apply by reason of his ignorance of, or mistake as to, some material fact; and
b
such ignorance or mistake was caused by an act or omission of the former maintaining authority,
he shall not by reason of such ignorance or mistake revise his determination under paragraph (3) if the effect of such revision would be to reduce the amount of maintenance grant payable in respect of the school for the financial year in question.
5
A determination which has been revised in accordance with this regulation may be further revised in accordance with this regulation and may be so further revised notwithstanding that the Secretary of State is satisfied that the revised determination was not made in accordance with these Regulations.
Requirements which may be attached to payment of maintenance grant
11
1
The requirement set out in paragraph 1 of Schedule 3 is specified as a requirement which may be imposed by the Secretary of State on governing bodies to whom payments of maintenance grant are or have been made.
2
The Secretary of State may determine, for the purposes of the application of section 79(7) of the Act to such governing bodies, any requirement referred to in paragraphs 2 to 4 of Schedule 3.
Capital grants
12
The Secretary of State may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 4 incurred or to be incurred by the governing body of a school.
Special purpose grants
13
1
The Secretary of State may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 5 incurred or to be incurred by the governing body of a school —
a
for or in connection with the educational purposes so specified, or
b
in respect of any expenses so specified being expenses which it appears to the Secretary of State the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of special purpose grants
14
1
The requirements set out in paragraph 1 of Schedule 3 and paragraph (2) below are specified as requirements which may be imposed by the Secretary of State on governing bodies to whom payments of special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are —
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the Secretary of State.
3
The Secretary of State may determine for the purposes of the application of section 79(7) of the Act to such governing bodies as are referred to in paragraph (1) —
a
any requirement referred to in paragraphs 2 to 4 of Schedule 3;
b
any requirement formulated with a view to the Secretary of State satisfying himself that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as he may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by him in accordance with this regulation subject to which the payments were made is not complied with.
PART 3
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM FORMER MAINTAINING AUTHORITY
Determination of amount to be recovered
15
1
Subject to paragraph (2) below, the total amount which the Secretary of State may recover from the former maintaining authority of a school in respect of any financial year beginning on or after 1st April 1991 by virtue of section 81(1) of the Act is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).
2
The amount which would otherwise fall to be determined in accordance with paragraph (1) above as the total amount recoverable from a former maintaining authority by virtue of section 8 1 ( 1) of the Act in respect of any school for any financial year may be reduced by an amount not exceeding the amount outstanding in respect of any excess amount recovered from the authority under that section in respect of any previous financial year.


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Food Protection (EmergencyProhibitions) (Lead in Cattle) (England) (Revocation) (No. 2) Order 1991and shall come into force on 16th March 1991.
Revocation
2
The Food Protection (Emergency Prohibitions) (Lead in Cattle)(England) Order 1991 is hereby revoked.
In witness whereof the Official Seal of the Minister ofAgriculture, Fisheries and Food is hereunto affixed on 15th March 1991.
Grant Meekings
Assistant Secretary, Ministry of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Teachers' Pay and Conditions Act 1987 (Continuation) Order 1991.
2
The Teachers' Pay and Conditions Act 1987 shall not expire on 31st March 1992 but shall continue in force for a further year.
Kenneth Clarke
Secretary of State for Educationand Science
23rd December 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Notices) (Substitute Charges) (England) Regulations 1991 and shall come into force on 16th April 1991.
2
In these Regulations “the 1991 Regulations ” means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1991 ; expressions used in these Regulations which are also used in the 1991 Regulations have the same meaning as in those Regulations.
Application of Regulations
2
1
These Regulations apply in relation to –
a
community charge demand notices issued by an English charging authority with respect to the financial year beginning on 1st April 1991 after the setting by it of a substitute amount; and
b
substitution notices given by an English charging authority.
2
Subject to the provisions of section 1(5) of the Community Charges (General Reduction) Act 1991, these Regulations do not affect the validity of a community charge demand notice issued before the coming into force of these Regulations.
Form and content of substitution notices, information, etc.
3
1
A substitution notice shall, subject to the modifications and adaptations of the 1991 Regulations specified in Schedule 1 hereto, be in the form in which it would be, and contain the matters which it would contain, if it were a community charge demand notice.
2
When an English charging authority serves a substitution notice, it shall supply with it the information specified in Schedule 2 hereto.
Amendment of the 1991 Regulations
4
1
Regulation 1(2) of the 1991 Regulations is amended by the insertion –
a
after the definition of “the Act”, of the following definition –
“the 1989 Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989;
;
and
b
after the definition of “specific grants”, of the following definitions –
“substitute amount” means an amount set by an authority in respect of its community charges for the financial year beginning on 1st April 1991 under section 35 of the Act as a result of the making by the authority of a substitute calculation or of the issue to it of a substitute precept pursuant to section 107(1) or (2) of the Act;
“substitution notice” means a notice given under regulation 26(2) of, or paragraph 7(2)(b) of Schedule 1 or paragraph 4(2) of Schedule 2 to, the 1989 Regulations to a person in respect of his liability to pay an amount under a community charge demand notice in respect of the financial year beginning on 1st April 1991, and which is so given –
solely in consequence of the setting of a substitute amount; or
solely in consequence of the setting of a substitute amount and such substitution as is mentioned in sub-paragraph (b)(i) in the definition of “adjustment notice” in this paragraph or such substitution and alteration as are mentioned in sub-paragraph (b)(ii) of that definition,
and a notice is given –
solely in consequence of the matter referred to in sub-paragraph (a) notwithstanding that a consequential alteration falls to be made to the amount described in paragraph 11 of Part II of Schedule 1 to these Regulations or a consequential adjustment falls to be made to the amount described in paragraph 12 or 13 of that Part; or
solely in consequence of the matters referred to in sub-paragraph (b) notwithstanding that a consequential adjustment falls to be made to the amount described in the said paragraph 12 or 13;
“the Substitute Charges Regulations ” means the Community Charges (Notices) (Substitute Charges) (England) Regulations 1991
.
2
Regulation 3 of the 1991 Regulations is amended –
a
in paragraph (1), by the substitution for the words “A community charge” of the words “Subject to paragraph (1A), a community charge”; and
b
by the insertion after paragraph (1) of the following paragraph –
1A
Paragraph (1) applies in relation to community charge demand notices issued as mentioned in regulation 2(a) of the Substitute Charges Regulations with the modifications specified in paragraph 1 of Schedule 1 to those Regulations.
.
3
Regulation 4 of the 1991 Regulations is amended –
a
in paragraph (1), by the insertion at the end of sub-paragraph (a) of the words “or a substitution notice is invalid because it does not comply with regulation 3(1) of the Substitute Charges Regulations”; and
b
in paragraph (2), by the substitution for the words “regulation 3” of the words “regulation 3 of these Regulations or, as the case may be, regulation 3(1) of the Substitute Charges Regulations”.
4
Regulation 5(1) of the 1991 Regulations is amended by the insertion after the words “regulation 3” of the words “of these Regulations or their duty under regulation 3 of the Substitute Charges Regulations to have matters contained in a substitution notice and to supply information with such a notice”.
5
Part I of Schedule 1 to the 1991 Regulations is amended –
a
in Forms A, B, C and D, under the heading “ Reminder ”, by the insertion after the words “ earlier demand notice ” of the words “ or adjustment notice ”;and
b
in form D, in the paragraph preceeding the paragraph headed “ Reminder ” , by the insertion –
i
after the words “ adjustment notice ”, of the words “ or a substitution notice ”;
ii
after the words “ being an amount ”, of the words “ previously set or, being an amount ”; and
iii
after the words “ Act 1991 ,”, of the words “ having effect as if so set ,”.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
15th April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wrightington Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wrightington 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 Wrightington 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 —
a
to own and manage hospital accommodation and services provided at Wrightington Hospital, Hall Lane, Wrightington, Wigan, Lancashire WN6 9EP.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
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 the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Lancashire 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 West Lancashire 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 West Lancashire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Dentists' Remuneration — Special Arrangement) Order 1991 and shall come into force on 1st April 1991.
2
In this Order, any reference to a numbered article is a reference to the article bearing that number in this Order and any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article.
Function conferred on Dental Practice Board
2
1
Subject to paragraph (2), the Dental Practice Board shall have the function of paying remuneration to any person in respect of general dental services provided by him.
2
Paragraph (1) shall not apply to remuneration which falls to be paid by a Family Health Services Authority pursuant to regulation 24(5) of the National Health Service (General Dental Services) Regulations 1973 (approval and payments).
Transitional provisions
3
1
Any right or liability subsisting immediately before 1st April 1991 of a Family Health Services Authority to pay any of a person’s relevant remuneration to some other person shall instead be a right or liability of the Dental Practice Board.
2
Article 2(1) shall not apply in any case to which regulation 14(1) of the National Health Service (Dental Services) (Miscellaneous Amendments) Regulations 1991 (transitional provisions) applies.
3
In paragraph (1) “relevant remuneration” means remuneration the function of paying which becomes under this Order a function of the Dental Practice Board.
Signed by authority of the Secretary of State for Health.
Hooper
Parliamentary Under-Secretary of State,
Department of Health
10th March 1991


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Councils of Hereford and Worcester and Warwickshire 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 contained in the plan folio numbered HA10/2 WMRO LV marked “The A435 Trunk Road (South of Norton to Arrow) De-Trunking Order 1991” 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 to be constructed by the Secretary of State in pursuance of the A435 Trunk Road (Norton — Lenchwick Bypass) Order 1991;
iv
“the trunk road” means Bath — Lincoln Trunk Road (A435).
3
This Order shall come into force on 29th November 1991 and may be cited as the A435 Trunk Road (South of Norton to Arrow) De-Trunking Order 1991.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
4th November 1991


text:
1
This Order shall come into force on 16th May 1991 and may be cited as the Consular Fees (Amendment) Order 1991.
2
Part II of the table of consular fees in the Schedule annexed to the Consular Fees Order 1989 is amended as follows–
under Fee 22 delete subparagraph (1)(b)(iii) and replace it with the following words
iii
for multiple entries, valid for six months from date of issue 30.00
.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Deposit Protection Board (Increase of Borrowing Limit) Order 1991 and shall come into force on 1st August 1991.
Increase of borrowing limit
2
The sum of £125 million is hereby prescribed for the purposes of section 64(1) of the Banking Act 1987 (borrowing powers of the Deposit Protection Board).
Revocation of earlier instrument
3
The Deposit Protection Board (Increase of Borrowing Limit) ( No. 2) Order 1990 is hereby revoked.
Gregory Knight
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury.
24th July 1991


text:
Citation and commencement
1
These Rules may be cited as the Rules of Procedure (Air Force) (Amendment) Rules 1991 and shall come into force on 1st January 1992.
Interpretation
2
In these Rules “the principal Rules ” means the Rules of Procedure (Air Force) 1972 .
Amendment
3
The principal Rules shall be amended in the manner and to the extent prescribed in the Schedule to these Rules.
Archie Hamilton
Minister of State, Ministry of Defence
9th December 1991


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Government Finance (Miscellaneous Provisions) (England) Order 1991 and shall come into force on 18th February 1991.
2
This order extends only to England.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“boundary order” means an order made under Part IV of the Local Government Act 1972 ;
“new parish” means a parish created as mentioned in article 3(1);
“prospective charging authority” —
in relation to a new parish, means the charging authority within whose area the parish will be situated; and
in relation to a transferred parish, means the charging authority to whose area the parish will be transferred;
“relevant year” means the chargeable financial year in which the new parish is created or the transfer of the transferred parish takes effect, as the case may be; and
“transferred parish” means such a parish as is mentioned in article 4(1).
Community charges: creation of new parish
3
1
This article applies where a boundary order provides for the creation of a parish on the first day of the chargeable financial year beginning on 1st April 1991 or any later year.
2
In a case to which this article applies, section 37 (power to anticipate precept) of the Act shall have effect —
a
in relation to the new parish, the prospective charging authority and the relevant year; and
b
as respects the period beginning on the day these Regulations come into force or, if later, the day after that on which the relevant boundary order is made and ending immediately before the day on which the new parish is created,
with the omission of subsections (1) and (2) and with the substitution for subsection (3) of the following subsection —
3
In setting an amount or amounts for the financial year under section 32 above the charging authority shall include among the items listed in section 32(4) above an amount equal to that specified, in relation to a parish which is a new parish for the purposes of the Local Government Finance (Miscellaneous Provisions) (England) Order 1991, in the order which creates that parish: and in such a case, section 32(4) shall be read accordingly.
.
3
In such a case as is mentioned in paragraph (2) and in relation to the new parish —
a
references in section 38 (anticipated precepts: supplementary) of the Act to subsection (3) of section 37 shall be construed as references to the subsection substituted as so mentioned; and
b
references in section 38(2) of the Act to an amount equal to that payable under a precept shall be construed as references to an amount equal to that specified in relation to the parish in question in the relevant boundary order.
4
In relation to an amount included among items listed in section 32(4) of the Act by virtue of paragraph (2) above, section 33 of the Act shall have effect as if —
a
the item were applicable to the area of the relevant parish; and
b
the area of the prospective charging authority included the area of the relevant parish.
Precepts: transfer of parish
4
1
This article applies where a boundary order provides for the transfer of a parish from the area of one charging authority to the area of another charging authority on the first day of the chargeable financial year beginning on 1st April 1991 or any later year.
2
In a case to which this article applies, in relation to the issue by the parish council or chairman of the parish meeting of a transferred parish of a precept for the relevant year, sections 33, 37 and 38 and subsections (1) and (2) of section 69 of the Act shall have effect as if —
a
the area of the prospective charging authority included the area of the relevant transferred parish;
b
any precept issued by the parish council or chairman of the parish meeting for the year preceding the relevant year had been issued to the prospective charging authority; and
c
he appropriate charging authority for the area for the relevant year were the prospective charging authority.
Michael Heseltine
Secretary of State for the Environment
15th February 1991


text:
1
On the operative date, if the length of the trunk road described in Schedule 1 to this Order and shown by broad striped hatching on the deposited plan is then still a trunk road —
a
that length shall cease to be a trunk road, and
b
the lengths thereof which are described in Schedule 2 to this Order shall be classified as classified roads.
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 consisting of three sheets numbered HA 1O/EM68 marked “The A16 Trunk Road (Spalding to Sutterton Improvement) (Detrunking) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SWIP 3PY;
iii
“the new trunk road” means the trunk road to be constructed by the Secretary of State in pursuance of the A16 Trunk Road (Spalding to Sutterton Improvement) Order 1991 ;
iv
“the operative date” means the date on which the Secretary of State notifies the County Council of Lincolnshire that the new trunk road is open for through traffic;
v
“the trunk road” means the A16 Norman Cross-Grimsby Trunk Road.
3
This Order shall come into force on 28th March 1991 and may be cited as the A16 Trunk Road (Spalding to Sutterton Improvement) (Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director, East Midlands Region,
Department of Transport
15th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dorset Health Care National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Dorset Health Care 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 Dorset Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
to manage community health services provided from Unit Headquarters, Shelley Road, Bournemouth, BH1 4JQ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
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 the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Dorset 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 East Dorset 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 East Dorset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Stock Transfer (Gilt-EdgedSecurities) (Exempt Transfer) Regulations 1991 and shall come into forceon 1st June 1991.
Interpretation
2
In these Regulations: —
“the Bank” means the Bank of England;
“the CGO ” means the Central Gilts Office of the Bank;
“the CGO Service ” means the computer-based system established by the Bank and TheInternational Stock Exchange to facilitate the transfer of gilt-edgedsecurities; and“CGO Service member” means a person who is entitled under a contract with the Bank touse the CGO Service.
Exempt Transfers
3
Securities on registers kept by the Bank which have been issued inthe United Kingdom or which may from time to time be issued in theUnited Kingdom by the European Bank for Reconstruction and Developmentmay be transferred by a CGO Service member through the medium of the CGOService .
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
15th April 1991


text:
1
1
These Regulations may be cited as the Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 1991.
2
In these Regulations “the principal regulations” means the Prosecution of Offences (Custody Time Limits) Regulations 1987 .
3
These Regulations shall come into force on 1st October 1991, but —
a
paragraphs (a) and (c) of regulation 2 shall not apply in relation to proceedings for an offence instituted before that date except where —
i
the accused is committed for trial in the Crown Court, or
ii
notice of transfer is given under section 4 of the Criminal Justice Act 1987 in respect of the case, or
iii
a bill of indictment is preferred against the accused under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 ,
on or after that date; and
b
paragraph (b) of regulation 2 shall not apply to proceedings for an offence instituted before that date.
2
The principal regulations shall have effect subject to the following amendments:
a
regulation 3 (application) shall be omitted;
b
in regulation 4 (custody time limits in magistrates' courts) in paragraph (1) the words “In proceedings in relation to which these Regulations apply”, and in paragraphs (2) and (4) the words following “70 days”, shall be omitted; and
c
in regulation 5 (custody time limits in the Crown Court), paragraph (1) shall be omitted and in paragraph (2) for the words before “the maximum period” there shall be substituted the following —
Where —
a
a person accused of an indictable offence other than treason is committed to the Crown Court for trial; or
b
a bill of indictment is preferred against a person under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933,
.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd July 1991


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1991 and shall come into force on 5th March 1991.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Milford Port Health Authority Order 1991 and shall come into force on 10th January 1992.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“the Port of Milford” means the port of that name established for the purposes of the enactments relating to Customs and Excise;
“the joint board” means the joint board established by virtue of article 2; and other expressions have the same meanings as in the Act.
3
The riparian authorities specified for the purposes of this Order are Preseli Pembrokeshire District Council and South Pembrokeshire District Council.
4
In this Order, unless the context otherwise requires, any reference to an article or to a Schedule shall be construed as a reference to an article in this Order, or to a Schedule hereto.
Port Health Authority
2
1
For the purposes of the Act, that part of the Port of Milford which lies within —
a
an imaginary line commencing at the western extremity of Studdock Point and drawn in a south-easterly direction to the point of intersection of latitude 51° 36' 15"N with longitude 05° 03' 00"W, thence in a westerly direction to the point of intersection of latitude 51° 36' 15"N with longitude 05° 16' 00"W, thence in a northerly direction to the point of intersection of latitude 51° 40' 48"N with longitude 05° 16' 00"W and thence in an easterly direction to the south-western extremity of St. Anne’s Head; and
b
the mean high water line along the coast between the points described in (a) above together with —
i
as far as the tide flows all rivers, canals, creeks, streams, channels, watercourses; and
ii
docks and harbours and marinas and all land comprising any wharf or dock and the buildings or part of any building thereon used in connection with maritime trade or business health authority for that district.
2
The joint board shall be called the Milford Port Health Authority and shall consist of 16 members of whom 8 shall each be appointed by the Preseli Pembrokeshire District Council and the South Pembrokeshire District Council from the members of their respective Councils.
Appointment of Members of the Joint Board
3
1
The specified riparian authorities shall apppoint members to the joint board at meetings to be held in May each year.
2
Any vacancy occurring amongst members of the joint board shall be filled by the specified riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as reasonably possible after such occurrence.
3
Not less than three days before a meeting of a specified riparian authority at which it is proposed to elect a member of the joint board, the proper officer of that authority shall give notice of the meeting and of the proposed appointment to every member of that authority.
4
The proper officer of a specified riparian authority shall forthwith notify in writing to the proper officer of the joint board the name, address and occupation of any person appointed by his authority to be a member of the joint board.
5
A person appointed to the joint board shall cease to be a member of the joint board if he ceases to be a member of the Council of the specified riparian authority by which he was appointed.
Retirement of Members
4
1
All members of the joint board shall retire from office on 31st May each year, and the newly appointed members shall come into office on 1st June each year.
2
A retiring member of the joint board may be re-appointed to the board for a further term of office if at the time of his re-appointment he is otherwise qualified to be appointed.
Chairman of the Joint Board
5
1
The chairman of the joint board shall be elected annually by the members of the board from amongst the members.
2
The election of the chairman shall be the first business transacted at the annual meeting of the joint board.
3
In the case of equality of votes the chairman shall be elected by the drawing of lots.
4
The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.
5
During his term of office the chairman shall continue to be a member of the joint board.
Provisions of the Local Government Act 1972 applicable to the members and proceedings of the Joint Board
6
The provisions of Schedule 1 shall have effect for the purposes of the members and proceedings of the joint board.
Jurisdiction
7
The joint board shall have jursidiction as port health authority over all waters and land within the port health district including the area within the gates of any dock and the buildings thereon respectively.
Functions assigned to Joint Board
8
1
There are hereby assigned to the joint board as port health authority, the functions, rights and liabilities of a local authority under the enactments specified in Schedules 1 and 2 so far as they are applicable to a port health authority and to any lands, waters, premises, houseboats, vessels or persons within their jurisdiction, provided that in the application of the provisions of the Local Government Act 1972 as set out in Schedule 1 —
a
the provisions of section 97 of that Act shall be exercisable only by the Secretary of State; and
b
the provisions of Parts I and VI of Schedule 12 to that Act shall apply as if the joint board were a district council.
2
For the purposes of the functions, rights and liabilities assigned to the joint board by virtue of this Order, the enactments specified in Schedule 2 shall have effect as if —
a
any vessel or houseboat lying within their jurisdiction were a house, building, premises, tent, van or shed; and
b
the master or other officer or person in charge of the vessel or houseboat were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country, to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Expenses
9
The riparian authorities shall contribute towards any expenses incurred or to be incurred by the joint board by virtue of the authority conferred upon the board by this Order in the following proportions, namely —
Preseli Pembrokeshire District Council 50 per cent Preseli Pembrokeshire District Council 50 per centSouth Pembrokeshire District Council
Audit
10
All accounts of the joint board or of any committee of the board shall be audited in accordance with the provisions of Part III of the Local Government Finance Act 1982 .
Revocations
11
The Milford Port Health Authority Order 1981 and the Milford Port Health Authority Amendment Order 1985 are hereby revoked.


text:
1
The new highways which the Secretary of State proposes to constructalong the routes described in the Schedule to this Order shall becometrunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by aheavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highwaywhich crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at public expense by alocal highways authority the part in question shall be maintained bythat authority; and
b
where the highway is not a highway so maintainable and is notmaintainable under a special enactment or by reason of tenure, enclosureor prescription the Secretary of State shall be under no duty tomaintain the part in question;
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the routes of the new trunk roads are opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of therelevant highway; and
2
i
“the deposited plan” means the plan number HA10/YHR023 marked“The A638 Trunk Road (Doncaster North Bridge Relief Road) Order 1991,” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order;
iii
“the Trunk Road” means the A638 Trunk Road.
5
This Order shall come into force on 21st June 1991 and may be citedas the A638 Trunk Road (Doncaster North Bridge Relief Road) Order 1991.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
24th May 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (West Midlands Cable Communications Limited) Order 1991 and shall come into force on 3rd September 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
30th July 1991


text:
Citation and commencement
1
This Order may be cited as the Education (South West London College Higher Education Corporation) (Dissolution) Order 1991 and shall come into force on 1st October 1991.
Interpretation
2
1
In this Order —
“the 1988 Order ” means the Education (Higher Education Corporations) Order 1988 ;
“ the Act ” means the Education Reform Act 1988;
“ the Corporation ” means South West London College Higher Education Corpora tion; and
“the PCFC ” means the Polytechnics and Colleges Funding Council established under section 132 of the Act.
2
In this Order references to City of London Polytechnic, The Polytechnic of Central London, The Polytechnic of North London, South Bank Polytechnic and The Thames Polytechnic are references to the bodies corporate known by those names.
3
In this Order a reference to liabilities in respect of inherited debt is a reference to liabilities in respect of loans which became liabilities of the Corporation by virtue of section 199 of the Act.
Dissolution
3
The Corporation is hereby dissolved.
Land
4
All interests, rights and liabilities of the Corporation in the land specified in column (2) of the Schedule to this Order shall vest in the person specified opposite thereto in column (1) of that Schedule.
Transfer to City of London Polytechnic
5
All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading “Students” in a document entitled “Dissolution of South West London College Annex I: City of London Polytechnic” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and City of London Polytechnic, all property, rights and liabilities of the Corporation in the assets listed under the heading “Moveable Assets” in the said document and all liabilities of the Corporation in respect of compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading “Pension-Related Liabilities” in the said document shall transfer to and vest in City of London Polytechnic.
Transfer to Kingston Polytechnic Higher Education Corporation
6
All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading “Students” in a document entitled “Dissolution of South West London College Annex J: Kingston Polytechnic” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and Kingston Polytechnic Higher Education Corporation shall transfer to and vest in Kingston Polytechnic Higher Education Corporation.
Transfer to The Polytechnic of Central London
7
All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading “Students” in a document entitled “Dissolution of South West London College Annex K: Polytechnic of Central London” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and The Polytechnic of Central London, shall transfer to and vest in The Polytechnic of Central London.
Transfer to The Polytechnic of North London
8
All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading “Students” in a document entitled “Dissolution of South West London College Annex L: Polytechnic of North London” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and The Polytechnic of North London shall transfer to and vest in The Polytechnic of North London.
Transfer to South Bank Polytechnic
9
All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading “Students” in a document entitled “Dissolution of South West London College Annex M: South Bank Polytechnic” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and South Bank Polytechnic, all property, rights and liabilities of the Corporation in the assets listed under the heading “Moveable Assets” in the said document and all liabilities of the Corporation in respect of inherited debt and compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading “Pension-Related and inherited debt Liabilities” in the said document shall transfer to and vest in South Bank Polytechnic.
Transfer to The Thames Polytechnic
10
All rights and liabilities of the Corporation acquired or incurred in relation to persons listed under the heading “Students” in a document entitled “Dissolution of South West London College Annex N: Thames Polytechnic” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and The Thames Polytechnic, all property, rights and liabilities of the Corporation in the assets listed under the heading “Moveable Assets” in the said document and all liabilities of the Corporation in respect of compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading “Pension-Related Liabilities” in the said document shall transfer to and vest in The Thames Polytechnic.
Transfer to the Council of the London Borough of Wandsworth
11
All property rights and liabilities of the Corporation in the assets listed under the heading “Moveable Assets” in a document entitled “Dissolution of South West London College Annex O: London Borough of Wandsworth” dated 27 August 1991 and signed on behalf of the PCFC, the Corporation and the London Borough of Wandsworth and all liabilities of the Corporation in respect of compensation for redundancy or premature retirement (including enhanced pension payments) of persons listed under the heading “Pension-Related Liabilities” in the said document shall transfer to and vest in the Council of the London Borough of Wandsworth.
Records
12
1
All records held by the Corporation relating exclusively to land or other property transferred by this Order shall vest in the person to whom such property is so transferred.
2
All records held by the Corporation relating exclusively to any person in relation to whom rights or liabilities or both are transferred by this Order shall vest in the person to whom such rights or liabilities or both are so transferred.
Residue
13
Any property, rights and liabilities of the Corporation not otherwise transferred by this Order shall transfer to and vest in the PCFC.
Continuity
14
1
All contracts, deeds, bonds, agreements or other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given by, or to, the Corporation in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the person (“the transferee”) to which such matters are so transferred.
2
Any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the Corporation and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.
Charitable Trust
15
Property transferred to the Council of the London Borough of Wandsworth is transferred on trust to be used for charitable purposes for the advancement of education at South Thames College of Further Education.
Kenneth Clarke
Secretary of State for Education and Science
27th September 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Revaluation) Regulations 1991.
2
These Regulations come into force on 28th February 1991.
Interpretation
2
In these Regulations —
“Schedule 1A” means Schedule 1A to the Social Security Pensions Act 1975 (revaluation of pensions and transfer values); and
“short service benefit” means the same as in Schedule 16 to the Social Security Act 1973 (requirements as to preservation of benefit under occupational pension schemes).
Benefits payable later than normal pension age
3
1
This regulation applies where the member’s normal pension age is earlier than 60.
2
The references to “normal pension age” in paragraphs 1(2)(a) and 2(2)(a) of Schedule 1A are to be treated as references to the age at which short service benefit is made payable to the member under the rules of the scheme. Paragraphs 1(2)(a) and 2(2)(a) are modified accordingly.
Hybrid benefits
4
1
This regulation applies to hybrid benefits.
2
In this regulation, “hybrid benefit” means a benefit the rate or amount of which is calculated by reference to the greatest, or smallest, of two or more of the following —
a
an average salary benefit,
b
a flat rate benefit,
c
a money purchase benefit, and
d
some other benefit to which paragraph 2 of Schedule 1A applies.
3
Schedule 1A is modified so as to require that —
a
before deciding which benefit is the greatest or smallest, each benefit must be revalued in accordance with whichever of paragraphs 2 to 5 of Schedule 1A applies to it, and
b
the rate or amount of the hybrid benefit must be calculated by reference to the greatest, or smallest, of those benefits as revalued.
Benefits consisting of two or more components
5
1
This regulation applies to any benefit consisting partly of a component to which paragraph 2 of Schedule 1A applies (whether directly or by virtue of paragraph 3(3)(b) or 4(3)(b) of Schedule 1A) and partly of a component to which that paragraph does not apply.
2
Schedule 1A is modified so that, for the purpose of revaluing the component to which paragraph 2 of Schedule 1A applies, B, C and D in the formula set out in paragraph 2(2) of Schedule 1A are to be calculated by reference only to the component to which that paragraph applies and the pensionable service which qualified the member for that component.
Administrative expenses in relation to money purchase benefits
6
1
This regulation applies in relation to money purchase benefits that are revalued in accordance with paragraph 5 of Schedule 1A.
2
The trustees or managers of the scheme may deduct from any pension or other retirement benefit that is revalued in accordance with paragraph 5 of Schedule 1A an amount in respect of the administrative expenses incurred by them in carrying that paragraph into effect. The amount deducted must not exceed an amount equal to the smaller of —
a
the administrative expenses incurred, and
b
the administrative expenses that would have been incurred in providing the corresponding benefit if the member’s pensionable service had not terminated before normal pension age.
Benefits other than short service benefit
7
1
This regulation applies where a scheme provides so that a member becomes entitled to benefit when his pensionable service terminates before normal pension age, even if the member does not become entitled to short service benefit.
2
For the purposes of paragraph 7 of Schedule 1A, any provision contained in the scheme that would be a protected provision in relation to short service benefit is to be treated as a protected provision in relation to any benefit to which a member becomes entitled as described in paragraph (1) above. Paragraph 7 of Schedule 1A is modified accordingly.
Commutation, forfeiture and surrender
8
1
Paragraph 9 of Schedule 1A is modified so that it does not apply in the cases specified in this regulation.
2
Paragraph 9 does not apply to commutation of a benefit where the lump sum to which the whole or part of the pension is commuted is, itself, revalued in accordance with Schedule 1A.
3
Paragraph 9 does not apply to forfeiture of the whole or part of a pension where the forfeiture applies only after the pension has been revalued in accordance with Schedule 1A.
4
Paragraph 9 does not apply to surrender of the whole or part of a pension where it is to provide benefit for the widow or widower or a dependant of the member and the scheme provides for that benefit to be revalued in accordance with Schedule 1A.
Retirement benefits varied at pensionable age
9
1
This regulation applies where —
a
a scheme provides that the pension or other retirement benefit payable under the scheme to a member at normal pension age is to be varied at pensionable age, and
b
that benefit is subject to revaluation by the method specified in paragraph 2 of Schedule 1A.
2
Paragraph 2 of Schedule 1A is modifeid so that, when the pension or other retirement benfit payable under the scheme is varied, there is a corresponding variation in the appropriate amount to be added to the benefit.
Rounding
10
1
This regulation applies where paragraph 2 of Schedule 1A applies to a benefit under the scheme and the scheme provides that, in calculating the amount of that benefit, a member’s pensionable service is to be calculated in whole months.
2
Schedule 1A is modified so that the scheme may provide for both B and C in the formula set out in paragraph 2(2) of Schedule 1A to be calculated to the nearest, next highest or next lowest whole month. Where a scheme provides for rounding as described in this paragraph, it must provide for both B and C to be rounded in the same way.
Schemes with an overseas element
11
1
This regulation applies to schemes with any overseas element, as described in paragraph 21 of Schedule 16 to the Social Security Act 1973 (requirements as to preservation of benefit under occupational pension schemes).
2
Schedule 1A is modified so that Part I (revaluation of pensions) applies to schemes with any overseas element only to the extent that the preservation requirements apply to the scheme .
Breaks in pensionable service
12
1
This regulation applies in the case of a member whose pensionable service is broken. For this purpose, a member’s pensionable service is broken if, after it terminates, the member returns to pensionable service under the same scheme.
2
Schedule 1A is modified so that it does not apply if, when the member returns to pensionable service under the scheme —
a
the member exercises an option to surrender the benefits that had accrued before the break to acquire entitlement to further benefits under the same scheme, or
b
the scheme provides that the member’s pensionable service before and after the break is to be treated as continuous for the purpose of qualifying the member for long service benefit under the scheme.
Lump sum in respect of service before 6th April 1975
13
1
This regulation applies where a lump sum (whether or not being or including a payment by way of a refund of contributions) has been paid to a member in respect of any period of pensionable service before 6th April 1975.
2
Schedule 1A is modified so that —
a
the period of pensionable service in respect of which the lump sum is paid is excluded from C in the formula set out in paragraph 2(2) of Schedule 1A, and
b
D in that formula is reduced by an amount equal to the part of the pension or other benefit that would have been payable in respect of that period if the lump sum had not been paid.
Revocations
14
The Regulations specified in Column 1 of the Schedule to these Regulations are revoked to the extent specified in Column 2.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st February 1991


text:
Citation and commencement
1
The Regulations may be cited as the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) Regulations 1992 and shall come into force on 7th March 1992.
Application of Regulations
2
1
The amendments made by paragraphs (1)(a) and (c) and (2)(a) of regulation 3 below have effect in relation to the making, on or after the day on which these Regulations come into force of an application for a warrant of Commitment.
2
The amendments made by paragraphs (1)(b) and (2)(b) of regulation 3 below have effect in relation to any hearing on or after the day on which these Regulations come into force of–
a
an application for a liability order.
b
an appeal relating to the levy of, or attempt to levy, distress.
c
an application for a warrant of commitment,
whether that hearing was commenced before, on or after that day.
3
The amendments made by paragraphs (1)(d) and (2)(c) of regulation 3 below have effect in relation to any warrant of commitment issued on or after the day on which these Regulations come to force.
Amendment of Regulations
3
1
The Community Charges (Administration and Enforcement) Regulations 1989 are amended–
a
by the substitution, in paragraph (1) of regulation 41 (commitment to prison), for the words “it appears to the authority that no (or insufficient) goods of the debtor can be found” of the words “the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor”;
b
by the insertion after paragraph (3) of regulation 47 (magistrates' courts) of the paragraphs set out in paragraph (3) below;
c
by the substitution, in paragraph (7) of regulation 48 (joint and several liability), for the words “it appears to the authority concerned that no (or insufficient) goods of those persons can be found” of the words “the person making the distress reports to the authority concerned that he was unable (for whatever reason) to find any or sufficient goods of those persons”; and
d
by the substitution, for paragraph (ii) in Form C in Schedule 3 (form of warrant of commitment), of the following paragraph–
ii
the authority has been unable to levy that amount by distress; and
.
2
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended–
a
by the substitution, in paragraph (1) of regulation 16 (commitment to prison), for the words “it appears to the authority that no (or insufficient) goods of the debtor can be found” of the words “the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor”;
b
by the insertion after paragraph (3) of regulation 21 (magistrates' courts) of the paragraphs set out in paragraph (4) below; and
c
by the substitution, for paragraph (ii) in Form C in Schedule 2 (form of warrant of commitment), of the following paragraph–
ii
the authority has been unable to levy that amount by distress; and
.
3
The paragraphs referred to in paragraph (1)(b) are–
4
In any proceedings under regulation 29 (application for liability order), regulation 40 (appeals in connection with distress) or regulation 41 (commitment to prison), a statement contained in a document constituting or forming part of a record compiled by the applicant authority shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible.
5
In proceedings where the applicant authority desires to give a statement in evidence in accordance with paragraph (4), and the document containing that statement is produced by a computer, a certificate–
a
identifying the document containing the statement and the computer by which it was produced;
b
containing a statement that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents;
c
giving such explanation as may be appropriate of the content of the document; and
d
purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,
shall be admissible as evidence of anything which is stated in it to the best of the signatory’s information and belief
6
In paragraph (4) above, “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 41 includes a reference to an application made in the circumstances mentioned in regulation 42(3).
.
4
The paragraphs referred to in paragraph (2)(b) are–
4
In any proceedings under regulation 12 (application for liability order), regulation 15 (appeals in connection with distress) or regulation 16 (commitment to prison), a statement contained in a document constituting or forming part of a record compiled by the applicant authority shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible.
5
In proceedings where the applicant authority desires to give a statement in evidence in accordance with paragraph (4), and the document containing that statement is produced by a computer, a certificate–
a
identifying the document containing the statement and the computer by which it was produced;
b
containing a statement that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents;
c
giving such explanation as may be appropriate of the content of the document; and
d
purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,
shall be admissible as evidence of anything which is stated in it to the best of the signatory’s information and belief.
6
In paragraph (4) above, “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 16 includes a reference to an application made in the circumstances mentioned in regulation 17(3).
.
Michael Heseltine
Secretary of State for the Environment
6th March 1992
David Hunt
Secretary of State for Wales
6th March 1992