text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Civil Legal Aid (General) (Amendment) (No. 2) Regulations 1991.
2
Regulation 20 shall come into force on 1st October 1991 and all other regulations shall come into force on 14th October 1991.
3
Subject to paragraph (4), these Regulations shall apply to proceedings commenced on or after 14th October 1991 and the provisions of the Civil Legal Aid (General) Regulations 1989 shall apply in relation to proceedings commenced before that date as if these Regulations had not been made.
4
Regulation 20 shall apply to any taxation carried out on or after 1st October 1991.
Interpretation
2
In these Regulations a regulation referred to by number means a regulation so numbered in the Civil Legal Aid (General) Regulations 1989.
Amendment of the Legal Aid Act 1988
3
After paragraph (b) of section 15(3A) of the Act there shall be inserted the word “or” and then the following new paragraph: —
c
to a guardian ad litem ,
Amendment of the Civil Legal Aid (General) Amendment Regulations 1989
4
In regulation 3 —
a
after the definition of “emergency certificate” there shall be inserted the following new definition: —
“family proceedings” has the meaning assigned by section 32 of the Matrimonial and Family Proceedings Act 1984 ;
b
the definition of “matrimonial proceedings” shall be omitted;
c
after the definition of “patient” there shall be inserted the following new definition: —
“special Children Act proceedings” means proceedings under the Children Act 1989 for which representation must be granted to the applicant regardless of sections 15(1) to (3) of the Act;
5
After regulation 3 there shall be inserted the following new regulation: —
Exclusion from civil legal aid of prescribed bodies
3A
Representation under Part IV of the Act shall not be available to any body acting in a representative, fiduciary or official capacity for the purposes of proceedings under the Children Act 1989.
.
6
At the beginning of regulation 12 there shall be inserted the words “Subject to regulation 12A,”.
7
Regulations 12(2), 21(2), 45(3), 50(5), and 82(4) shall be omitted.
8
After regulation 12 there shall be inserted the following new regulation: —
Certificates relating to special Children Act proceedings
12A
1
Where a person is entitled to legal aid for special Children Act proceedings, his solicitor shall lodge with the Area Director an application on a form approved by the Board at the first available opportunity and in any event within three working days of receiving instructions to act for that person in such proceedings.
2
The application shall —
a
state the name of the solicitor selected by the applicant to act for him; and
b
contain a statement signed by the solicitor to the effect that legal aid is sought in respect of proceedings to which section 15(1) to (3) of the Act do not apply.
3
Work done by a solicitor in relation to special Children Act proceedings prior to the issue of a certificate shall be deemed to be work done while such a certificate is in force provided that the application was lodged at the first available opportunity and in any event within the time specified in paragraph (1).
.
9
At the beginning of regulation 18(1) there shall be inserted the words “Subject to section 15(3B) to (3D) of the Act and”.
10
For regulation 28 there shall be substituted the following new regulation: —
Eligibility on the merits
28
1
Without prejudice to the generality of sections 15(2) to (3C) and (3E) of the Act and subject to paragraph (2), an application for a certificate shall only be approved after the Area Director has considered all the questions of fact or law arising in the action, cause or matter to which the application relates and the circumstances in which the application was made.
2
Where the application relates to proceedings to which section 15(3B), (3C) or (3E) of the Act apply, provided that the Area Director is satisfied that it does so relate and subject to regulation 27 (where applicable) he shall grant the application andParts IV and V of these Regulations shall apply with any necessary modifications.
.
11
In regulation 42 for the words “proceedings where an undertaking under regulation 12(2) has been given or” there shall be substituted “special Children Act proceedings or proceedings”.
12
In regulation 46 —
a
At the beginning of paragraph (2) there shall be inserted the words “Except in the case of special Children Act proceedings”;
b
For sub-paragraph (3)(a) there shall be substituted the following new sub-paragraph: —
a
family proceedings; or
;
c
sub-paragraphs (3)(b) and (c) shall be omitted.
13
In regulation 47 for the words “matrimonial proceedings or authorised summary proceedings” there shall be substituted “family proceedings”.
14
At the beginning of regulation 76(3) there shall be inserted the words “Subject to section 15(3B) to (3D) of the Act,”.
15
In regulation 94(d): —
a
sub-paragraphs (iv) and (vii) shall be omitted;
b
in sub-paragraph (vi) the words “, 11(2)(b) or (3)(b)” shall be omitted;
c
in sub-paragraph (viii) for the words “section 34(1)(c) or 35 of the Children Act 1975” there shall be substituted “the provisions of Schedule 1 to the Children Act 1989”.
16
In regulation 96(1) the word “or” at the end of sub-paragraph (b) shall be omitted, there shall be inserted after “1975” in paragraph (c) “; or” and at the end of that paragraph there shall be inserted the following new sub-paragraph: —
d
Schedule 1 to the Children Act 1989,
.
17
In regulation 96(3)(b) and regulation 97(4) for the words “12 per cent” there shall be substituted “11 per cent”.
18
For regulation 104 there shall be substituted the following new regulation: —
Remuneration of legal representatives in magistrates' courts and family proceedings
104
1
The sums to be allowed to legal representatives in connection with authorised summary proceedings shall be assessed by the Area Director.
2
In the case of any family proceedings any assessment, review or taxation shall be made in accordance with the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 and Part XII of these Regulations shall apply subject to the provisions of those Regulations.
3
In the case of authorised summary proceedings which are not family proceedings any assessment, review or appeal under this regulation shall be madein accordance with the provisions of regulation 6 of and Schedule 1 Part Iparagraph 1(1)(a) to the Legal Aid in Criminal and Care Proceedings (Costs) Regulations 1989 as if the work done was work to which these provisions apply, save that paragraphs 2 and 3 of Schedule 1, Part I shall not apply.
4
Paragraphs (4) to (8) of regulation 105 and regulation 105A shall apply where costs are assessed by an Area Director under paragraph (1) as they apply to an assessment under that regulation.
5
Subject to paragraph (4), regulations 105 to 110 shall not apply to costs in respect of authorised summary proceedings.
.
19
After regulation 105 there shall be inserted the following new regulation —
Assisted person having financial interest in assessment
105A
1
Where an assisted person has a financial interest in any assessment, review or appeal under this regulation he shall have a right to make written representations to the Area Director, appropriate area committee or committee appointed by the Board as the case may be within 21 days of being notified of the right to make such representations.
2
On an assessment it shall be the duty of an assisted person’s solicitor —
a
to supply him with a copy of his bill;
b
to inform him of any financial interest he may have in the assessment, the extent of any such interest and his right to make written representations; and
c
to endorse on the bill whether or not the assisted person has a financial interest in the assessment and that he has complied with sub-paragraphs (a) and (b) above.
3
Where a legal representative wishes to apply for a review of the assessment of the Area Director or appeal against a decision of the area committee under regulation 105 and the assisted person has exercised his right to make representations prior to the assessment, the legal representative shall notify him of the decision to be reviewed or appealed, the grounds of appeal and his right to make further written representations.
.
20
In regulation 109 —
a
for paragraph (1) there shall be substituted the following new paragraph: —
109
1
Without prejudice to section 51(6) of the Supreme Court Act 1981 , Order 62, rules 10 and 11 of the Rules of the Supreme Court 1965 or toOrder 38, rule 1(3) of the County Court Rules , on any taxation of an assisted person’s costs in connection with proceedings (which are not authorised summary proceedings) any wasted costs shall be disallowed or reduced, and where the solicitor has without good reason delayed putting in his bill for taxation the whole of the costs may be disallowed or reduced.
b
after paragraph (2) there shall be inserted the following new paragraph: —
3
In this regulation “wasted costs” has the same meaning as in section 51(7) of the Supreme Court Act 1981.
21
For Regulation 119 there shall be substituted the following new regulation —
Assisted person having financial interest in taxation
119
1
It shall be the duty of an assisted person’s solicitor —
a
to supply him with a copy of his bill;
b
to inform him of any financial interest he may have in the taxation, the extent of any such interest and the steps which can be taken to safeguard that interest and, if the assisted person so requests, to give notice in accordance with rules of court to the taxing officer that the assisted person has such an interest; and
c
to endorse on the bill whether or not the assisted person has a financial interest in the taxation and that he has complied with sub-paragraphs (a) and (b) above.
2
Where the assisted person has a financial interest in the taxation he shall not be required to make any contribution to the fund on account of the costs of the taxation proceedings and the charge created by section 16(6) of the Act shall not apply in relation to any resulting increase in the net liability of the fund arising out of the costs of the taxation proceedings.
.
Mackay of Clashfern, C
25th July 1991
We Consent,
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 1991


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1991 and shall come into force on 10th May 1991.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 ;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1 ( EC Zone) specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fihing for cod ( Gadus morhua ) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st July 1991.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres.
Powers of british sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession any may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within the British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port ; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sae-fishery officer.
Revocation
4
The Cod (Specified Sea Areas) (prohibition of Fishing) (No. 4) Order 1989 and the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1989 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th May 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
7th May 1991
David Hunt
Secretary of State for Wales
3rd May 1991
Peter Brooke
Secretary of State for Northern Ireland
7th May 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1991 and shall come into force at 16.00 hours on 5th July 1991.
2
In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia, and “relevant time” means one minute past midnight on 5th July 1991.
Designated circumstances
2
In the opinion of the Secretary of State, bivalve molluscs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated areas
4
No person shall fish for or take any bivalve molluscs in the designated area.
Prohibited movement of bivalve molluscs
5
No person shall move any bivalve molluscs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any bivalve molluscs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any bivalve molluscs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any bivalve molluscs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
P.S. Collings
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
5th July 1991


text:
Citation
1
This Order may be cited as the Lords Office-holders Allowance Order 1991.
Amount of allowance
2
The amount of the allowance payable under section 5 of the Ministerial and other Pensions and Salaries Act 1991 for the year beginning with 1st August 1990 and each subsequent year beginning with 1st August shall be equal to 220 times the maximum daily amount which, under any Resolution of the House of Lords, is recoverable in that year by a member of that House, other than one to whom that section applies, in respect of his expenses in staying overnight away from his main or only residence.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Food Safety (Exports) Regulations 1991 and shall come into force on 26th July 1991.
Amendment of existing food related Regulations
2
1
After the last regulation in each of the Regulations specified in columns 1 and 2 of Schedules 1 and 2 to these Regulations there shall be inserted the following regulation numbered sequentially —
Defences in relation to exports
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed —
a
was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence ; or
b
was intended for export and was prepared and labelled for sale before 26th July 1991.
.
2
The provisions of the Regulations, if any, specified in column 3 of Schedules 1 and 2 to these Regulations shall be revoked.
Amendment of the Materials and Articles in Contact with Food Regulations 1987
3
1
After the last regulation in the Materials and Articles in Contact with Food Regulations 1987 there shall be inserted the following regulation numbered sequentially —
Defences in relation to exports
In any proceedings under these Regulations it shall be a defence for the person charged to prove that the material or article in respect of which the offence is alleged to have been committed —
a
was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence ; or
b
was intended for export and was prepared and labelled for sale before 26th July 1991.
.
2
Regulation 3(c) of those Regulations shall be revoked.
In witness thereof the Official Sela of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
18th June 1991
David Hunt
Secretary of State for Wales
18th June 1991
Strathclyde
Parliamentary Under-Secretary of State, Scottish Office
19th June 1991


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 8) Order 1991.
Provisions coming into force on 31st May 1991
2
The following provisions of the Environmental Protection Act 1990 shall come into force on 31st May 1991 —
sections 29 to 32;
section 50;
section 51;
section 60 in so far as it relates to anything deposited at a place for the deposit of waste, or in a receptacle for waste, provided by a waste disposal contractor under arrangements made with a waste disposal authority;
section 68;
section 71;
section 72;
section 75;
section 77;
section 147;
section 162(1) in so far as it relates to paragraph 31(1) to (3), (4)(a) and (c) and (5)(b) and (c) of Schedule 15;
section 162(2) in so far as it relates to the repeal in Part II of Schedule 16 of section 2 of the Control of Pollution Act 1974 and the repeals made in that Part in relation to sections 7(2) and 9(1) of the Control of Pollution (Amendment) Act 1989 .
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th May 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Disposal of Controlled Waste (Exceptions) Regulations 1991.
2
These Regulations shall come into force in England and Wales on 1 April 1991 and in Scotland on 1 April 1992.
Exceptions from section 3(1) of the Control of Pollution Act 1974
2
1
Subject to paragraph (2), section 3(1) of the Control of Pollution Act 1974 shall not apply as respects any deposit of controlled waste on land or the use of any plant or equipment for the purpose of disposing of, or dealing with, controlled waste so far as that deposit or use —
a
is, or forms part of, a process which is for the time being designated pursuant to section 2(4) of the Environmental Protection Act 1990 for central control, the carrying on of which is for the time being authorised under section 6 of that Act; or
b
is an activity described in the Schedule hereto constituting, or forming part of, a process for the lime being so designated for local control, the carrying on of which is so authorised.
2
Paragraph (1) does not exempt the final disposal of controlled waste by deposit in or on land.
Michael Heseltine
Secretary of State for the Environment
5th March 1991
David Hunt
Secretary of State for Wales
6th March 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
6th March 1991


text:
1
This Order may be cited as the Value Added Tax(Small Non-Commercial Consignments) Relief (Amendment) Order 1991 and shall come into force on 30th November 1991.
2
The Schedule to the Value Added Tax (Small Non-Commercial Consignments) Relief Order 1986 shall be varied by substituting for the quantity shown in paragraph (3) in relation to toilet water “.25 litre or 8 ounces” the quantity “250 millilitres”.
3
Paragraph of article 2 of the Value Added Tax (Small Non-Commercial Consignments) Relief (Amendment) Order 1987 ) is hereby revoked.
Sydney Chapman
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 11) Order 1991 and shall come into force at 18.00 hours on 6th September 1991.
2
In this Order “green crab” means the species known as “carcinus maenas”; “velvet crab” means the species known as “liocarcinus puber” and relevant time means one minute past midnight on 6th September 1991.
Designated circumstances
2
In the opinion of the Secretary of State, green crabs or velvet crabs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any green crabs or velvet crabs in the designated area.
Prohibited movement of green crabs or velvet crabs
5
No person shall move any green crabs or velvet crabs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any green crabs or velvet crabs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any green crabs or velvet crabs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any green crabs or velvet crabs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
E. C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) Amendment (No.3) Regulations 1991.
2
These Regulations shall come into force as follows —
a
regulations 2 and 13 except insofar as they relate to the Attendance Allowance Board and attendance allowance, and regulations 3 to 10, 14, 15 and 16 and this regulation, on 3rd February 1992; and
b
regulations 2, 12 and 13 so far as not already in force and regulation 11, on 6th April 1992.
3
In these Regulations “the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 .
Amendment of regulation 1 of the Adjudication Regulations
2
In regulation 1 of the Adjudication Regulations (interpretation) —
a
in paragraph (2) —
i
after the definition of the “the 1986 Act” there shall be added the following definition —
“the 1991 Act ” means the Disability Living Allowance and Disability Working Allowance Act 1991 ;
;
ii
in the definition of “adjudicating authority” after the words “medical appeal tribunal,” there shall be added the words “a disability appeal tribunal,” and the words “the Attendance Allowance Board” shall be omitted;
iii
the definition of “the Attendance Allowance Board” shall be omitted;
iv
after the definition of “Commissioner” there shall be inserted the following definitions —
“disability appeal tribunal” means a tribunal constituted in accordance with Schedule 10A to the 1975 Act ;
“disability question” has the meaning assigned by regulation 26C(2);
v
in the definition of “full-time chairman”, after the words “chairman of appeal tribunals” there shall be inserted the words “, disability appeal tribunals” .
vi
in the definition of “party to the proceedings”, in paragraph (b), after the words “appeal tribunal” there shall be inserted the words “or a disability appeal tribunal”;
vii
in the definition of “President”, after the words “social security appeal tribunals” there shall be inserted the words “, disability appeal tribunals”; and
b
paragraph (4) shall be omitted.
Amendment of regulation 2 of the Adjudication Regulations
3
In paragraphs (2) and (3) of regulation 2 of the Adjudication Regulations (procedure in connection with determinations; and right to representation), for the words “or a medical appeal tribunal” there shall be substituted the words “a medical appeal tribunal or a disability appeal tribunal.”
Amendment of regulation 3 of the Adjudication Regulations
4
In paragraphs (3) and (7) of regulation 3 of the Adjudication Regulations (manner of making applications, appeals or references; and time limits) , for the words “or a medical appeal tribunal” there shall be substituted the words “, a medical appeal tribunal or a disability appeal tribunal”.
Amendment of regulation 4 of the Adjudication Regulations
5
In regulation 4 of the Adjudication Regulations (oral hearings and inquiries) —
a
in paragraph (6)(b), for the words “or a medical appeal tribunal, or as a clerk to either of such tribunals” there shall be substituted the words “,a medical appeal tribunal or a disability appeal tribunal, or as a clerk to any such tribunal”; and
b
in paragraph (6)(c), for the words “or medical appeal tribunals” there shall be substituted the words “, medical appeal tribunals or disability appeal tribunals”.
Amendment of regulation 6 of the Adjudication Regulations
6
In regulation 6(1) of the Adjudication Regulations (withdrawl of applications, appeals and references), for the words “or a medical appeal tribunal” there shall be substituted a reference to “, a medical appeal tribunal or a display appeal tribunal”.
Amendment of regulation 7 of the Adjudication Regulations
7
In paragraphs (1) and (3) of regulation 7 of the Adjudication Regulations (striking out of proceedings for want of prosecution), for the words “or a medical appeal tribunal” there shall be substituted the words “, a medical appeal tribunal or a disability appeal tribunal”.
Amendment of regulation 20 of the Adjudication Regulations
8
In regulation 20(1) of the Adjudication Regulations (notification of decisions), for the words from “of his right of appeal” to the end of the paragraph there shall be substituted the words —
a
in the case of a decision of an adjudication officer —
i
under section 99 of the 1975 Act relating to attendance allowance, disability living allowance or disability working allowance, or
ii
on a review under section 100A(2) or (4) or section 104A of the 1975 Act,
of his right to a review under section 100A(1) of that Act;
b
in the case of a decision of an adjudication officer under section 100A(1) of that Act, of his right of appeal —
i
to a disability appeal tribunal where the appeal relates to the determination of a disability question, and
ii
to an appeal tribunal in any other case;
c
in all other cases, of his right of appeal to an appeal tribunal under section 100 of that Act.
.
Insertion of Section CA and regulations 26A to 261
9
After Section C and regulation 26 there shall be inserted the following Section and regulations —
SECTION CA-DISABILITY ADJUDICATION
Prescribed period
26A
1
Subject to paragraph (2), the prescribed periodfor the purpose of section 100A(1), (2) and (4) of the 1975 Act shall be three months beginning with the date on which notice in writing of the decision of an adjudication officer under section 99 of the 1975 Act was not given to the claimant.
2
Where a claimant submits an application for review under section 100A(1) of the 1975 Act by post which would have arrived in a local office in the ordinary course of the post within the period prescribed by paragraph (1) but is delayed by postal disruption caused by industrial action whether within the postal service of elsewhere, that period shall expire on the day the application is received in the local office if that day does not fall within the period prescribed by paragraph (1).
Manner of making applications for review under section 100A(1) of the 1975 Act
26B
An application for a review of a decision of an adjudication officer under section 100A(1), (2) and (4) of the 1975 Act shall be made to a local office.
Appeal to a disability appeal tribunal
26C
1
The claimant may appeal to a disability appeal tribunal from a decision of an adjudication officer under section 100A(1) of the 1975 Act in any case in which there arises —
a
a disability question; or
b
both a disability question and any other question relating to attendance allowance, disability living allowance or disability working allowance.
2
In this regulation “disability question” means a question as to —
a
whether the claimant satisfies the conditions for entitlement to —
i
the care component of a disability living allowance specified in section 37ZB(1) and (2) of the 1975 Act, or
ii
the mobility component of a disability living allowance specified in section 37ZC(1), (8) and (9) of the 1975 Act , or
iii
an attendance allowance specified in section 35(1) (a) or (b) and (2) of the 1975 Act, or
iv
a disability working allowance specified in section 20(6A)(b) of the Social Security Act 1986 ;
b
the period throughout which the claimant is likely to satisfy the conditions for entitlement to an attendance allowance or a disability living allowance;
c
the rate at which an attendance allowance is payable ; and
d
the rate at which the care component or the mobility component of a disability living allowance is payable ;
Persons who may appeal to disability appeal tribunals and appeal tribunals
26D
A person purporting to act on behalf of a person who is terminally ill as defined in section 35(2C) of the 1975 Act, whether or not that other person is acting with his knowledge or authority, may appeal to a disability appeal tribunal or an appeal tribunal, as appropriate, in accordance with section 100D(1) of that Act in any case where the ground of appeal is that that person is or was at any time terminally ill.
Procedure for disability appeal tribunals
26E
1
A disability tribunal, except where section 100C(7)(a) of the 1975 Act applies, shall hold an oral hearing of any appeal made to it.
2
Where any member of a disability appeal tribunal is not present at the consideration of a case the tribunal shall not proceed to determine that case but shall instead adjourn it for consideration by another tribunal.
3
Where an oral hearing is adjourned and at the hearing after the adjournment the tribunal is differently constituted, otherwise than through the operation on that ocasion of paragraph (2), the proceedings at that hearing shall be by way of a complete rehearing of the case.
4
Where a disability appeal tribunal is unable to reach a unanimous decision on any case the decision of the majority of its members shall be the decision of the tribunal.
5
The chairman of a disability appeal tribunal shall in each case —
a
record the decision of the tribunal in writing; and
b
shall include in such record a statement of the reasons for the decision, including findings on all questions of fact material to the decision, and
c
if a decision is not unanimous, record a statement that one of the members dissented and the reasons given by him for so dissenting.
6
As soon as may be practicable after a case has been decided by a disability appeal tribunal, a copy of the record of the decision made in accordance with this regulation shall be sent to every party to the proceedings who shall also be informed of the conditions governing appeals to a Commissioner.
Examination and report by a medical practitioner
26F
The condition which must be satisfied if a person who may be nominated as chairman of a disability appeal tribunal is to refer a claimant to a medical practitioner for examination and report is that the person who may be so nominated is satisfied that an appeal by the claimant cannot be properly determined unless the claimant is examined by a medical practitioner and the medical practitioner has provided the disability appeal tribunal with information for use in determining the appeal.
Persons who may not act as members of disability appeal tribunals
26G
1
A person shall not act as a member of a disability appeal tribunal in any case if he —
a
is or may be directly affected by that case; or
b
has taken any part in such case as an assessor, a medical practitioner who has regularly attended the claimant or to whom any question has been referred for report or advice, or as a witness.
2
If a disability appeal tribunal is unable to determine a question by reason of the provisions of paragraph (1) the case shall be referred to another such tribunal.
Application for leave to appeal from a disability appeal tribunal to a Commissioner
26H
1
Subject to the following provisions of this regulation, an application to the chairman of a disability appeal tribunal for leave to appeal to a Commissioner from a decision appeal tribunal shall be made —
a
orally at the hearing after the decision is announced by the tribunal; or
b
in accordance with regulation 3 and Schedule 2.
2
Where an application in writing for leave to appeal is made by an adjudication officer, the clerk to the tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.
3
The decision of the chairman on an application for leave to appeal shall be recorded in writing and notice of it shall be given to every party to the proceedings.
4
Where in any case it is impracticable, or it would be likely to cause undue delay, for an application for leave to appeal against a decision of a disability appeal tribunal to be determined by the person who was the chairman of that tribunal that application shall be determined by any other person qualified under section 97(2D) of the 1975 Act to act as a chairman of disability appeal tribunals.
Procedure of a disability appeal tribunal on receipt of a Commissioner’s decision
26I
1
Subject to the following provisions of this regulation, the provisions of these Regulations apply for the disposal by a disability appeal tribunal of a case remitted to it following an appeal to a Commissoner as if it were an original hearing of an appeal to the disability appeal tribunal.
2
If the case is remitted to the disability appeal tribunal following an appeal to the Commissioner in which it was decided that the decision of the disability appeal tribunal was erroneous in point of law the proceedings shall, subject to any direction of the Commissioner, be by way of a complete rehearing of the appeal by persons who were not members of the tribunal which gave the erroneous decision.
.
Amendment of regulation 29 of the Adjudication Regulations
10
Paragraph (1)(c) of regulation 29 of the Adjudication Regulations (determination of medical questions) shall be omitted.
Omission of Sections from the Adjudication Regulations
11
Section E of Part III of the Adjudication Regulations (Attendance Allowance Board) and Section B of Part IV of those Regulations (mobility allowance) shall be omitted.
Amendment of regulation 64A of the Adjudication Regulations
12
In regulation 64A of the Adjudication Regulations —
a
in paragraph (2), for the words “subsection (1)(a) of section 104 of the 1975 Act” there shall be substituted the words “sections 100A(2)(a) and (4), 104(1)(a) and 104A(1)(a) of the 1975 Act”; and
b
in paragraph (3), for the words “subsection (1A) of section 104 of the 1975 Act” there shall be substituted the words “sections 100A(d) and 104(1A) of the 1975 Act”.
Amendment of regulation 65 of the Adjudication Regulations
13
In regulation 65 of the Adjudication Regulations (review of decisions involving payment or increase of benefit other than industrial injuries benefit, mobility allowance, income support of family credit) —
a
in paragraph (1) —
i
for the words “mobility allowance” there shall be substituted the words “disability working allowance”,
ii
sub-paragraph (d) shall be omitted, and
iii
after sub-paragraph (e) there shall be added the following sub-paragraph —
f
in the case of attendance allowance or disability living allowance, where the decision is reviewed —
i
under section 100A(1) of the 1975 Act and paragraph (ii) of this sub-paragraph does not apply, the date of claim,
ii
under section 100A(1) of the 1975 Act as that subsection is applied by sections 100B(2) and 104A(6) of that Act, three months before the date of the application for review made under section 100A(2) or (4) which preceded the application for review under section 100A(1),
iii
under section 100A(2) or (4) or section 104A of that Act, three months before the date of the application for review,
;
b
in paragraph (2), for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraphs (3), (4) and (4A)”;
c
in paragraph (3), the word “or” shall be omitted from the end of sub-paragraph (a)(ii) and sub-paragraph (a)(iii) shall be omitted;
d
in paragraph (4), after the words “in any case” there shall be inserted the words “other than a case to which paragraph (4A) applies”;
e
after paragraph (4) there shall be inserted the following paragraphs —
4A
In any case relating to attendance allowance or disability living allowance in which the review to which the foregoing provisions of this regulation relate was based on a relevant change of circumstances to which this paragraph applies subsequent to the date from which the original decision took effect, the decision on review shall not have effect for any period before —
a
the date declared by the adjudicating authority making the review to be the date on which that change took place, or
b
if more than one change has taken place between the date from which the original decision took effect and the date of the application for review, the date declared by the adjudicating authority making the review to be the date on which the most recent change tool place, or
c
the date 3 months before the date of the application for review,
whichever is the later.
4B
Paragraph (4A) applies only to a relevant change of circumstances which relates to a deterioration in a person’s physical or mental condition.
4C
Where a claim for an attendance allowance or a disability living allowance has been refused and either —
a
an application for review of the decision is made under section 100A(1) of the 1975 Act; or
b
a further claim for an attendance allowance or a disability living allowance is made within the period prescribed under section 100A(1) and is accordingly treated as an application for review in accordance with section 100A(12) of the 1975 Act
then, if that review results in an award of an attendance allowance or a disability living allowance, the decision on review shall have effect from the date specified in paragraph (4D).
4D
The date referred to in paragraph (4C) is such date as may be specified in the decision on review being a date not later than —
a
in the case of an attendance allowance, 6 months; and
b
in the case of a disability living allowance, 3 months
after the date on which the application for review is made or the further claim is made which ever is appropriate.
.
Insertion of new regulation into the Adjudication Regulations
14
After regulation 70A there shall be inserted the following regulation —
Review in disability working allowance cases
70B
1
Where a claim for disability working allowance has been refused and either —
a
an application for review of the decision is made under section 100A(1) of the 1975 Act; or
b
a further claim for disability working allowance is made within the period prescribed under section 100A(1) and is accordingly treated as an application for review in accordance with section 100A(12) of the 1975 Act
then, if that review results in an award of disability working allowance, the decision on review shall have effect from the date on which the application for review is made or the further claim is made whichever is appropriate.
2
Where a review under section 100A(1) or (2)(a) or 104A(1)(a) of the 1975 Act of a decision relating to disability working allowance arises from a disclosure of a material fact of which the person who claimed disability working allowance was, or could reasonably have been expected to be, aware but of which he previously failed to furnish information to the Secretary of State, then if that review would result in either a new award of disability working allowance or an increase in the amount of disability working allowance payable, the decision on review shall not have effect in respect of any period earlier than 12 months before the date on which that person first furnished that information.
.
Amendment of Schedule 2 to the Adjudication Regulations
15
In Schedule 2 to the Adjudication Regulations (time limits for making applications, appeals or references) —
a
after paragraph 4 there shall be inserted the following paragraphs —
4A
Appeal to a disability tribunal from a decision on review of an adjudication officer under section 100A(1) of the 1975 Act.
A local office. 3 months beginning with the date when notice in writing of the decision was given to the appealant.
4B
Appeal to an appeal tribunal from a decision on a review of an adjudication officer under section 100A(1) of the 1975 Act.
A local office. 3 months beginning with the date when notice in writing of the decision was given to the appellant.
;
6A
Applications to the chairman for leave to appeal to a Commissioner from the decision of a disability appeal tribunal.
The office of the clerk to the disability appeal tribunal. 3 months beginning with the date when a copy of the record of the decision was given to the applicant.
.
Outstanding claims and questions relating to mobility allowance
16
Notwithstanding the revocation of regulation 29(1)(c) (determination of medical questions) and Section B of Part IV (mobility allowance) of the Adjudication Regulations and of the reference to “mobility allowance” in regulation 65(1) of those Regulations, those provisions shall continue to have effect during the period beginning on 3rd February 1992 and ending on 5th April 1992 for the purposes of determining any claim or question relating to mobility allowance as though these Regulations had not come into force.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th December 1991


text:
1
This Order may be cited as the Nature Conservancy Council (Dissolution) Order 1991.
2
The day specified under section 138(2) of the Environmental Protection Act 1990 for the dissolution of the Nature Conservancy Council is the 21st December 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
20th December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Industrial Training (Plastics Processing Board) (Revocation) Order 1991.
2
The provisions of this Order (except articles 3 and 4) shall come into force on 31st March 1991.
3
Articles 3 and 4 of this Order shall come into force on 30th September 1991.
4
In this Order –
a
“ the Act ” means the Industrial Training Act 1982;
b
“ the Board ” means the Plastics Processing Industry Training Board established by the Industrial Training (Rubber and Plastics Processing Board) Order 1967 and re-named by the Industrial Training (Plastics Processing Board) Order 1982 ;
c
“the net assets” means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up; and
d
“the revocation date” means the date on which article 3 below comes into force.
Winding up of the Board
2
1
The Board shall be wound up in accordance with the provisions of this article.
2
On the coming into force of this article the Board shall cease to exercise its functions except in so far as continued exercise of those functions may be necessary or expedient for the purpose of winding up.
3
Between the coming into force of this article and the revocation date the Board shall so far as practicable discharge its liabilities.
4
On or after the revocation date the net assets of the Board which are transferred to the Secretary of State under article 4below shall be applied for charitable purposes related to or connected with training for employment.
5
The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the Act and that report shall include a statement of accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.
Revocation
3
The Industrial Training (Rubber and Plastics Processing Board) Order 1967 and the Industrial Training (Plastics Processing Board) Order 1982 are hereby revoked.
Incidental and transitional provisions
4
1
All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligation to which the Board was then subject, not having been discharged under article 2(3) above, are hereby transferred to and shall vest in the Secretary of State.
2
Any proceedings which, but for the revocations in article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Secretary of State.
3
Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time, which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they or any one or more of them are applicable –
a
if the Board is a party thereto the Secretary of State shall be substituted as that party;
b
for a reference therein (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Secretary of State;
c
for a reference therein (however worded and whether express or implied) to the members or any member or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officers or officer as the Secretary of State shall appoint for the purpose therein specified; and
d
for a reference therein to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Secretary of State.
Signed by order of the Secretary of State.
Robert Jackson
Parliamentary Under Secretary of State,
Department of Employment
21st February 1991


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 1991 and shall come into force on 14th October 1991.
2
In these Rules, unless a contrary intention appears, a provision referred to by number alone means the provision so numbered in the Non-Contentious Probate Rules 1987 .
CONSEQUENTIAL AMENDMENTS
Amendments consequential upon the Children Act 1989
2
In rule 2(1), the definitions of “statutory guardian” and “testamentary guardian” shall be omitted.
3
In rule 32(1), for the words from “the parents of the minor jointly” to “competent jurisdiction” there shall be substituted the words–
a
a parent of the minor who has, or is deemed to have, parental responsibility for him in accordance with–
i
section 2(1), 2(2) or 4 of the Children Act 1989,
ii
paragraph 4 or 6 of Schedule 14 to that Act, or
iii
an adoption order within the meaning of section 12(1) of the Adoption Act 1976 , or
b
a guardian of the minor who is appointed, or deemed to have been appointed, in accordance with section 5 of the Children Act 1989 or in accordance with paragraph 12, 13 or 14 of Schedule 14 to that Act
.
4
The following shall be substituted for rule 32(2):
2
A district judge or registrar may by order appoint a person to obtain administration for the use and benefit of the minor, limited as aforesaid, in default of, or jointly with, or to the exclusion of, any person mentioned in paragraph (1) of this rule; and the person intended shall file an affidavit in support of his application to be appointed.
.
5
In rule 34(2) for the words “assigned as guardian” there shall be substituted the word “appointed”.
Amendments consequential upon section 74 of the Courts and Legal Services Act 1990 (District judges)
6
In rule 2(1)–
a
after the definition of “the Crown” there shall be inserted the following definition:
“district judge” means a district judge of the Principal Registry;
;
b
after the definition of “gross value” there shall be inserted the following definition:
“judge” means a judge of the High Court;
;
c
for the definition of “registrar” there shall be substituted the following definition:
“registrar” means the district probate registrar of the district probate registry–
to which an application for a grant is made or is proposed to be made,
in rules 26, 40, 41 and 61(2), from which the grant issued, and
in rules 46, 47 and 48, from which the citation has issued or is proposed to be issued;
; and
d
for the definition of “the Senior Registrar” there shall be substituted the following definition:
“the senior district judge” means the Senior District Judge of the Family Division or, in his absence, the senior of the district judges in attendance at the Principal Registry;
.
7
1
In the following provisions before the word “registrar”, whereever it appears, there shall be inserted the words “district judge or”:
rule 2(2);
rule 5(3)(c), (4), (5) and (7);
rule 6(1) and (2) and the heading to that rule;
rule 8(1) and (2);
rule 10(2);
rule 11(1);
rule 12(1), (2) and (3);
rule 13;
rule 14(1), (2), (3) and (4);
rule 16;
rule 17(2);
rules 18 and 19;
rule 20(c) and (e);
rule 25(2) and (3);
rule 26(1) and (2);
rule 27(3), (5), (6) and (8);
rule 30(1)(b) and (c) and (2);
rule 31(1) and (2);
rule 32(1) and (3);
rule 34(2);
rule 35(1), (2), (3) and (4);
rule 36(3);
rule 37(2) and (3);
rule 38;
rule 39(3), (4) or (6);
rule 40;
rule 41(1);
rule 44(1), (4), and (7);
rule 46(1), (2), (4) and (5);
rule 47(4), (5) and (7);
rule 48(2);
rule 50(1) and (2);
rules 51, 52, 53, 54 and 55;
rules 58 and 59;
rules 61 and 62;
rules 65 and 66(2); and
rules 67 and 68.
2
In rules 7 and 63, the words “district probate”, wherever they occur, shall be omitted.
3
In rules 7(1) and (3), 37(4), 44(13) and (14), 45(3), 46(3), 60, 64 and 66(1), for the words “registrar of the Principal Registry” there shall be substituted the words “district judge”.
4
In rules 36(2), 45(1) and (2), 56(1), and 57(1) and in Form 6 in the First Schedule, for the words “Senior Registrar” there shall be substituted the words “senior district judge”.
5
In rules 15 and 36(4)(b), before the word “registrar's” there shall be inserted the words “district judge’s or”.
6
In the heading to rule 65, before the word “registrars” there shall be inserted the words “district judges or”.
7
In Rule 66(1), for the words “registrar of the Principal Registry” there shall be substituted the words “district judge” and for the words “or registrar may direct” there shall be substituted the words “or district judge may direct”.
8
In Form 4 in the First Schedule for the words “directions by a registrar of the Principal Registry or” there shall be substituted the words “directions by a district judge of the Principal Registry or a registrar of”.
SUBSTANTIVE AMENDMENTS
Grants where two or more persons entitled in same degree
8
1
The following shall be substituted for rule 27(1):
27
1
Subject to paragraphs (1A), (2) and (3) below, where, on an application for probate, power to apply for a like grant is to be reserved to such other of the executors as have not renounced probate, notice of the application shall be given to the executor or executors to whom power is to be reserved; and, unless the district judge or registrar otherwise directs, the oath shall state that such notice has been given.
1A
Where power is to be reserved to executors who are appointed by reference to their being partners in a firm, and not by their names, notice need not be given to them under paragraph (1) above if probate is applied for by another partner in that firm.
.
2
In rule 27(7), after the words “under this rule in” there shall be inserted the words “the Principal Registry or”.
Grants in respect of settled land
9
The following shall be substituted for rule 29:
29
1
In this rule “settled land” means land vested in the deceased which was settled prior to his death and not by his will, and which remained settled land notwithstanding his death.
2
The person or persons entitled to a grant of administration limited to settled land shall be determined in accordance with the following order of priority:
i
the special executors in regard to settled land constituted by section 22 of the Administration of Estates Act 1925 ;
ii
the trustees of the settlement at the time of the application for the grant; and
iii
the personal representatives of the deceased.
3
Where there is settled land and a grant is made in respect of the free estate only, the grant shall expressly exclude the settled land.
.
Grants where deceased died domiciled outside England and Wales
10
In rule 30(1), for the words “a registrar may order that a grant” there shall be substituted the words “a district judge or registrar may order that a grant, limited in such way as the district judge or registrar may direct,”.
Standing searches
11
1
The following shall be substituted for rule 43(1):
43
1
Any person who wishes to be notified of the issue of a grant may enter a standing search for the grant by lodging at, or sending by post to any registry or sub-registry, a notice in Form 2.
.
2
In rule 43(3)(a), for the words “the Principal Registry” there shall be substituted the words “the registry or sub-registry at which the standing search was entered”.
3
In Form 2 in the First Schedule, for the words “The Principal Registry” there shall be substituted the words “The Principal [or District Probate] Registry”.
Caveats
12
1
The following shall be inserted at the end of rule 44(8):
or until it is withdrawn under paragraph (11) below
.
2
In rule 44(10), the words “and making an entry in the appropriate book” shall be omitted.
3
In rule 44(13), for the words “Registrar of the Principal Registry” there shall be substituted the words “district judge or, where application to discontinue a caveat is made by consent, a registrar”.
Taxation of costs
13
The following shall be substituted for rule 60:
60
Every bill of costs, other than a bill delivered by a solicitor to his client which falls to be taxed under the Solicitors Act 1974 , shall be referred for taxation–
a
where the order for taxation was made by a district judge, to a district judge, or to a taxing officer of the Principal Registry authorised to tax costs in accordance with Order 62, rule 19 of the Rules of the Supreme Court 1965 ;
b
where the order for taxation was made by a registrar, to that registrar.
.
Power to require applications to be made by summons
14
At the beginning of rule 61(1) there shall be inserted the words “Subject to rule 7(2),”.
Stephen Brown, P.
8th August 1991
I concur,
Mackay of Clashfern, C.
17th August 1991


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment)(No. 3) Regulations 1991 and shall come into force–
a
for the purposes of regulations 8, 9 and 10 on 1st November 1991, and
b
for all other purposes on 1st August 1991.
Introduction
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
Amendments coming into force on 1st August 1991
3
In regulation 3(1) before the definition of “company” there shall be inserted the following definition–
“Community Recording Equipment Regulation” has the meaning given in section 85 of the Road Traffic Act 1988;
.
4
In regulation 20–
a
for paragraph (1) there shall be substituted–
1
Subject to the following provisions of this regulation, the fee payable for an examination of a vehicle pursuant to an application made under regulation 12 is–
a
in the case of a motor bicycle not having a side car attached to it, £10.00;
b
in the case of a vehicle in Class III or a motor bicycle with a side car attached to it, £16.65;
c
in the case of a vehicle in Class IV , £16.65;
d
in the case of a vehicle in Class V, £19.30;
e
save as provided in paragraph (4), in the case of a vehicle in Class VI –
i
if the vehicle is constructed or adapted to carry more than 12 passengers, £40.60,
ii
in any other case, £28.30;
f
in the case of a vehicle in Class VII , £19.30.
;
b
paragraph (3)(b) shall be omitted;
c
after paragraph (3) there shall be inserted–
3A
No fee shall be payable for the re-examination of a vehicle other than in Class VI if–
a
the vehicle is re-examined at the same vehicle testing station where the vehicle failed the examination before the end of the next day following the examination on which the examiner, designated council or the Secretary of State (as the case may be) will accept vehicles for examination; and
b
the re-examination relates only to one or more of the following requirements specified in Schedule 2–
i
audible warning instruments,
ii
(irection indicators,
iii
lamps,
iv
rear retro reflectors,
v
seat belts, or
vi
windscreen cleaning.
; and
d
for paragraph (7)(c) there shall be substituted–
c
the re-examination relates only to one or more of the following requirements specified in Schedule 2–
i
audible warning instruments,
ii
bumpers,
iii
cleanliness of body,
iv
(irection indicators,
v
field of vision,
vi
fire extinguishing apparatus,
vii
first aid equipment,
viii
hazard warning signal device,
ix
lamps,
x
markings of doors,
xi
markings of emergency exits,
xii
markings of fuel tanks and carburettors,
xiii
mirrors,
xiv
rear retro reflectors,
xv
spare wheel carrier,
xvi
speed limiter and plate,
xvii
speedometer,
xviii
windscreen cleaning, and
xix
the specified requirements of the Community Recording Equipment Regulation.
.
5
In regulation 23(2) for the words “a fee of” and paragraphs (a), (aa), (b) and (c) there shall be substituted–
a
in the case of Class VI vehicle, a fee of £8.80; and
b
in any other case, a fee which is calculated as half of the relevant fee specified in regulation 20(1), provided that when that calculation would have the result of the amount payable including a fraction of a penny then the amount shall be adjusted downwards to the nearest penny;
.
6
In regulation 25(2) for “£35.50” there shall be substituted “£44.50”.
7
In Schedule 2 –
a
in paragraph 2(b) after item 21 there shall be inserted the following item–
“21A 61 Emissions”; and
in paragraph 2(f) the words “(as defined in section 85 of the 1988 Act)” shall be omitted.
Amendments coming into force on 1st November 1991
8
In regulation 3(1) in the definition of “light motor vehicle” the words “or more” shall be omitted.
9
In regulation 20–
a
in paragraph (1), as substituted by regulation 4(a) above–
i
in sub-paragraph (c) for “£16.65” there shall be substituted “£20.00”; and
ii
in sub-paragraph (f) for “£19.30” there shall be substituted “£22.60”; and
b
in paragraph (3A)(b), as inserted by regulation 4(c) above, before paragraph (iii) there shall be inserted “(iiA) emissions,”.
10
In Schedule 2–
a
after item 9 there shall be added the following item–
“9A 61 Emissions”;
in paragraph 2(a) for “items 1 to 16” there shall be substituted “items 1 to 9 and 10 to 16”; and
in paragraph 3 for “items 1 to 8 and 10 to 16” there shall be substituted “items 1 to 8 and 9A to 16”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
4th July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related BenefitsSchemes and Social Security (Recoupment) Amendment Regulations 1991 andshall come into force on 11th May 1991.
2
In these Regulations —
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Social Security (Recoupment) Regulations ” means the Social Security (Recoupment) Regulations 1990 .
Amendment of the Community Charge Benefits Regulations
2
1
The Community Charge Benefits Regulations shall be amended inaccordance with the following paragraphs.
2
In regulation 2 (interpretation) after the definition of“the Macfarlane (Special Payments) Trust” there shall be inserted the following definition —
“the Macfarlane (Special Payments) ( No. 2) Trust” means the trust of that name, established on 3rd May 1991 partlyout of funds provided by the Secretary of State, for the benefit ofcertain persons suffering from haemophilia and other beneficiaries;
.
3
In regulation 25(3) (notional income) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
4
In regulation 30(6) (income treated as capital) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
5
In regulation 33(3) (notional capital) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
6
In regulation 61(1) (evidence and information to be provided to anauthority by a claimant) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
7
In Schedule 3 (sums to be disregarded in the calculation of incomeother than earnings) for paragraph 35 there shall be substituted thefollowing new paragraph —
35
1
Any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any income which derives from anypayment of income or capital made under or deriving from any of theTrusts.
.
8
In Schedule 4 (capital to be disregarded) —
a
for paragraph 23 there shall be substituted the following newparagraph —
23
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a periodfrom the date of the payment until the end of two years from thatperson’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any capital resource whichderives from any payment of income or capital made under or derivingfrom any of the Trusts.
.
b
in paragraph 32 at the end the following words shall be added“or under the Macfarlane (Special Payments) Trust or the Macfarlane(Special Payments)(No. 2) Trust”.
Amendment of the Family Credit Regulations
3
1
The Family Credit Regulations shall be amended in accordance withthe following paragraphs.
2
In regulation 2 (interpretation) after the definition of“the Macfarlane (Special Payments) Trust” there shall be inserted the following definition —
“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partlyout of funds provided by the Secretary of State, for the benefit ofcertain persons suffering from haemophilia and other beneficiaries;
.
3
In regulation 26(3) (notional income) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
4
In regulation 31 (income treated as capital) for paragraph (3) thereshall be substituted the following paragraph —
3
Any charitable or voluntary payment which is not made or is notdue to be made at regular intervals, other than a payment which is madeunder the Macfarlane Trust, the Macfarlane (Special Payments) Trust, theMacfarlane (Special Payments) (No. 2) Trust or the Independent LivingFund shall be treated as capital.
.
5
In regulation 34(3) (notional capital) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
6
In Schedule 2 (sums to be disregarded in the calculation of incomeother than earnings) for paragraph 34 there shall be substituted thefollowing new paragraph —
34
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any childwho is a member of that person’s family or who was such a member and whois a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of twoyears from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any income which derives from anypayment of income or capital made under or deriving from any of theTrusts.
.
7
In Schedule 3 (capital to be disregarded) —
a
for paragraph 23 there shall be substituted the following newparagraph —
23
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end oftwo years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any capital resource whichderives from any payment of income or capital made under or derivingfrom any of the Trusts.
;
b
in paragraph 31 at the end the following words shall beadded — “or the Macfarlane (Special Payments) (No. 2) Trust”.
Amendment of the Housing Benefit Regulations
4
1
The Housing Benefit Regulations shall be amended in accordance withthe following paragraphs.
2
In regulation 2 (interpretation) after the definition of“the Macfarlane (Special Payments) Trust” there shall be inserted the following definition —
“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partlyout of funds provided by the Secretary of State, for the benefit ofcertain persons suffering from haemophilia and other beneficiaries;
.
3
In regulation 35(3) (notional income) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
4
In regulation 40(6) (income treated as capital) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
5
In regulation 43(3) (notional capital) after the words“the Macfarlane (Special Payments) Trusts” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
6
In regulation 73(1) (evidence and information to be provided to anauthority by a claimant) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“or the Macfarlane (Special Payments) (No. 2) Trust”.
7
In Schedule 4 (sums to be disregarded in the calculation of incomeother than earnings) for paragraph 34 there shall be substituted thefollowing new paragraph —
34
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end of two years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any income which derivesfrom any payment of income or capital made under or deriving fromany of the Trusts.
.
8
In Schedule 5 (capital to be disregarded) —
a
for paragraph 23 there shall be substituted the following newparagraph —
23
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end oftwo years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of persons to whom or from whose benefit a paymentreferred to in this paragraph is made, any capital resource whichderives from any payment of income or capital made or derivingfrom any of the Trusts.
;
b
in paragraph 32 at the end the following words shall beadded — “or the Macfarlane (Special Payments) (No. 2) Trust”.
Amendment of the Income Support Regulations
5
1
The Income Support Regulations shall be amended in accordance withthe following paragraphs.
2
In regulation 2 (interpretation) after the definition of“the Macfarlane (Special Payments) Trust” there shall be inserted the following definition —
“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partlyout of funds provided by the Secretary of State, for the benefit ofcertain persons suffering from haemophilia and other beneficiaries;
.
3
In regulation 42(4) (notional income) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
4
In regulation 48(10)(c) (income treated as capital) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
5
In regulation 51(3) (notional capital) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”.
6
In regulation 72(1)(a) (assessment of income and capital in urgentcases) —
a
after the words“payment of income” there shall be inserted the words“or income in kind”;
b
after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”;
c
for the words“paragraph 5,” there shall be substituted the words“paragraph 5, 39(2), (3) or (4),”.
7
In Schedule 9 (sums to be disregarded in the calculation of incomeother than earnings) —
a
in paragraph 21(2) after the words“the Macfarlane (Special Payments) Trust” there shall be inserted the words“, the Macfarlane (Special Payments) (No. 2) Trust”;
b
for paragraph 39 there shall be substituted the following newparagraph —
39
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives a paymentmade under any of the Trusts to which sub-paragraph (1) refers andwhich is made to or fro the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end oftwo years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any income which derives from anypayment of income or capital made under or deriving from any of theTrusts.
.
8
In Schedule 10 (capital to be disregarded) —
a
for paragraph 22 there shall be substituted the following newparagraph —
22
1
Any payment made under the Macfarlane Trust, theMacfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No. 2) Trust (“the Trusts”), or the Independent Living Fund.
2
Any payment by or on behalf of a person who is suffering or whosuffered from haemophilia, which derives from a payment made under anyof the Trusts to which sub-paragraph (1) refers and which is made to orfor the benefit of —
a
that person’s partner or former partner from whom he is not, orwhere that person has died was not, estranged or divorced;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
3
Any payment by or on behalf of the partner or former partner of aperson who is suffering or who suffered from haemophilia provided thatthe partner or former partner and that person are not, or if either ofthem has died were not, estranged or divorced, which derives from apayment made under any of the Trusts to which sub-paragraph (1) refersand which is made to or for the benefit of —
a
the person who is suffering from haemophilia;
b
any child who is a member of that person’s family or who was such amember and who is a member of the claimant’s family; or
c
any young person who is a member of that person’s family or who wassuch a member and who is a member of the claimant’s family.
4
Any payment by a person who is suffering from haemophilia, whichderives from a payment under any of the Trusts to which sub-paragraph(1) refers, where —
a
that person has no partner or former partner from whom he is notestranged or divorced, nor any child or young person who is or had beena member of that person’s family; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the date of the payment is a child, a youngperson or a student who has not completed his full-time education andhas no parent or step-parent, to his guardian,
but only for a period from the date of the payment until the end oftwo years from that person’s death.
5
Any payment out of the estate of a person who suffered fromhaemophilia, which derives from a payment under any of the Trusts towhich sub-paragraph (1) refers, where —
a
that person at the date of his death (the relevant date) had nopartner or former partner from whom he was not estranged or divorced,nor any child or young person who was or had been a member of hisfamily; and
b
the payment is made either —
i
to that person’s parent or step-parent, or
ii
where that person at the relevant date was a child, a young personor a student who had not completed his full-time education and had noparent or step-parent, to his guardian,
but only for a period of two years from the relevant date.
6
In the case of a person to whom or for whose benefit a paymentreferred to in this paragraph is made, any capital resource whichderives from any payment of income or capital made under or derivingfrom any of the Trusts.
b
in paragraph 29 at the end the following words shall beadded — “or the Macfarlane (Special Payments) (No. 2) Trust”.
Amendment of the Social Security (Recoupment) Regulations
6
In regulation 4 of the Social Security (Recoupment) Regulations(exempt payments) after paragraph (e) there shall be inserted thefollowing paragraph —
ee
any payment made from the Macfarlane (Special Payments) (No. 2)Trust established on 3rd May 1991 partly out of funds provided by theSecretary of State, for the benefit of certain persons suffering fromhaemophilia and other beneficiaries;
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
10th May 1991


text:
Title and commencement
1
This Order may be cited as the Swine Fever (Amendment) Order 1991and shall come into force on 12th May 1991.
Amendment
2
In article 3 of the Swine Fever Order 1963 for paragraph (4) there shall be substituted thefollowing —
4
In this Article,“meat inspector” means any person who, as respects England and Wales, by virtue ofregulation 2(1) of the Meat Inspection Regulations 1987 is an inspector for the purposes of those Regulations,or as respects Scotland, by virtue of regulation 2(1) of the Food (MeatInspection) (Scotland) Regulations 1988 is an inspector or a meat inspector for the purposes ofthose Regulations.
In witness whereof the Official Seal of the Minister ofAgriculture, Fisheries and Food is hereunto affixed on 16th April 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
15th April 1991
David Hunt
Secretary of State for Wales
8th April 1991


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1991 and shall come into force on 19th September 1991.
2
In the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 , in regulation 3(3) (payment by instalments) for “14.5 per cent.” there is substituted “11.95 per cent.”.
3
Regulation 2 above does not apply in respect of any period before 19th September 1991 notwithstanding that interest included in the amount of an instalment is paid after 18th September 1991.
Michael Portillo
for the Secretary of State for the Environment
21st August 1991
Nicholas Bennett
for the Secretary of State for Wales
21st August 1991