text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment)(No. 2) Regulations 1990 and shall come into force on 17th July 1990.
2
In these Regulations “the principal Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989 .
Amendment of the principal Regulations
2
Paragraph 7 of Schedule 1 to the principal Regulations (adjustment of instalments) is hereby amended —
a
by the substitution for sub-paragraph (2) of the following —
2
The charging authority shall on or as soon as practicable after the relevant day —
a
adjust the instalments (if any) payable on or after the adjustment day (“the remaining instalments”) so that they accord with the amounts mentioned in sub-paragraph (4); and
b
serve a notice on the chargeable person which is to state —
i
the amount of the revised estimate mentioned in sub-paragraph (3); and
ii
the amount of any remaining instalment.
;
b
by the insertion after sub-paragraph (5) of the following —
5A
In calculating the aggregate amount of instalments payable under a demand notice before the adjustment day for the purposes of sub-paragraphs (4) and (5) in consequence of the making of a revised estimate under sub-paragraph (3) —
a
there shall count as so payable any amount in respect of such instalments which has been credited under section 36(2) of the Act or (on the occasion of the making of a previous revised estimate under sub-paragraph (3)) under sub-paragraph (5) above; and
b
there shall not count as so payable any amount in respect of such instalments which has been repaid under that section or under sub-paragraph (5) above.
; and
c
by the omission from sub-paragraph (6) of all the words after “previously adjusted under this paragraph”.
Chris Patten
Secretary of State for the Environment
13th July 1990
David Hunt
Secretary of State for Wales
13th July 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1990 and shall come into force on 8th June 1990.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Scales of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following–
40
1
Subject to the following provisions of this paragraph, the fare payable for the hiring of a motor cab shall be according to the following scale–
a
a hiring charge of 40p, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 9.67 miles an hour, at the rate of 20p for 340.5 yards or, if the fare shown on the taximeter is £6.60 or more, thereafter at the rate of 20p for 227 yards, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 9.67 miles an hour, at a rate of 20p for 72 seconds or, if the rate shown on the taximeter is £6.60 or more, thereafter at the rate of 20p for 48 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above is less than £1.00 the fare payable shall be £1.00, and in any other case where the fare exceeds a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
15th May 1990


text:
PART I
general
1
This Order may be cited as the European Communities (Privileges of the European School) Order 1990 and shall come into force on the day after the day on which it is made.
2
1
For the purposes of this Order, “the School” means the European School established at Culham; “staff members” means the headmaster, deputy heads, secondary school teachers, primary school teachers, kindergarten teachers and educational advisers appointed, assigned or seconded to the School in accordance with Article 12(2) and (3) of the Statute of the European School .
2
In this Order “the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
PART II
the school
3
The School shall have the legal capacities of a body corporate.
4
Within the scope of its official activities, the School shall have exemption from taxes on income and capital gains.
5
The School shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the supply of goods or services of substantial value which are necessary for the official activities of the School, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; provided that no refund shall be made in respect of any claim for goods or services where the value of the goods or services does not amount in the aggregate to £100.
6
The School shall have exemption from duties (whether of customs or excise) and taxes on the importation of goods imported by or on behalf of the School and necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
PART III
staff members
7
Staff members shall enjoy:
a
provided that they are seconded to the School by a member State other than the United Kingdom and are subject to its social security legislation, exemptions whereby for the purposes of the enactments relating to social security including enactments in force in Northern Ireland —
i
services rendered for the School by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted;
b
unless they are British citizens, British Dependent Territories citizens or British Overseas citizens or are permanently resident in the United Kingdom, the like exemption from duties and taxes on the importation of furniture and personal effects (including one motor car each) which —
i
at the time when they first enter the United Kingdom to take up their post, are imported for personal use or for that of their families forming part of their households, and
ii
were in their ownership or possession or which they were under contract to purchase immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent; and
c
i
in the case of staff members who are seconded to the School by a member State other than the United Kingdom, exemption from income tax in respect of salaries and emoluments paid to them by the School as well as those paid to them by the member State which seconded them;
ii
in the case of staff members who are seconded to the School by the United Kingdom, exemption from income tax in respect of salaries and emoluments paid to them by the School.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 3) Order 1990 and shall come into force on 10th January 1991.
2
1
The site where a vessel lies, or is supposed to lie wrecked on the sea bed and in respect of which this Order is made, is in position Latitude 60° 25.5" North, Longitude 0° 43.27" West.
2
The area within a distance of 100 metres of the said position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
3
The Protection of Wrecks (Designation No. 2) Order 1990 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
18th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Liverpool Children’s Hospital and Community Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services at the Royal Liverpool Children’s Hospital, Alder Hey, Eaton Road, Liverpool L12 2AP and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services provided from the Royal Liverpool Children’s Hospital, Alder Hey, Eaton Road, Liverpool L12 2AP and to own the premises there from where those services are to be provided and any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2)(a) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Liverpool.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Liverpool Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Liverpool Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Liverpool Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Southdown Cablevision Limited) Order 1990 and shall come into force on 18th December 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
15th November 1990


text:
1
This Order may be cited as the Firearms (Removal to Northern Ireland) Order 1990 and shall come into force on 2nd April 1991.
2
This Order applies to any firearm or ammunition to which section 1 of the Firearms Act 1968 (firearms and ammunition requiring firearm certificate) applies.
3
1
Subject to paragraph (2) below, the removal of firearms or ammunition to which this Order applies from Great Britain to Northern Ireland is hereby prohibited unless —
a
the removal is authorised by the chief officer of police for the area from which they are to be removed and by the Chief Constable of the Royal Ulster Constabulary; and
b
such conditions as may be imposed by the chief officer of police or the Chief Constable are complied with.
2
This Order does not prohibit the holder of a firearm certificate (whether issued in Great Britain or Northern Ireland) from carrying with him any firearm or ammunition authorised by the certificate to be so carried.
4
The Firearms (Removal to Northern Ireland) Order 1975 is hereby revoked.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
20th December 1990


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1990 and shall come into force on 26th February 1990.
Amendment
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows —
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the provisions of Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the provisions of Schedule 2 to this Order; and
c
in article 6(2) of that Order (which relates to disinfectants subject to transitional provisions) for the words “30th June 1989” there shall be substituted the words “30th June 1990”.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1989 and the Diseases of Animals (Approved Disinfectants) (Amendment) ( No. 2) Order 1989 are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
14th February 1990.
Sanderson of Bowden
Minister of State, Scottish Office
16th February 1990
Peter Walker
Secretary of State for Wales
13th February 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 1990 and shall come into force on 1st December 1990.
2
The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 1990 (are hereby revoked.
3
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the provisions of these Regulations.
4
The following Part shall be inserted after Part III —
Part IIIA
APPROVED TRAINING COURSES FOR MOTOR CYCLISTS
Persons by whom approved training courses may be provided.
23A
1
Approved training courses for motor cyclists may be provided —
a
by the Secretary of State for Defence, in so far as concerns the training of persons in the service of the Crown under his department;
b
in England and Wales, by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, in so far as concerns the training of members of any such brigade or of persons employed in the driving of motor vehicles for the purposes of any such brigade;
c
by any chief officer of police, in so far as concerns the training of members of a police force or of persons employed in the driving of motor vehicles for police purposes by a police authority; and
d
by any person approved for the purpose by the licensing authority.
2
Any person may apply to the licensing authority to be approved to provide an approved training course for motor cyclists under sub-paragraph (d) of paragraph (1) above, and the licensing authority may, if satisfied that —
a
proper arrangements will be made by the applicant for the conduct of the course in accordance with these Regulations; and
b
proper records of the course and results thereof will be kept by the applicant,
grant the application subject to any conditions which it thinks fit to impose.
3
Subject to paragraphs (4) to (10) below, a person who provides an approved training course for motor cyclists in pursuance of paragraph (1) above may authorise motor cycle instructors to conduct the motor cycle training on his behalf.
4
A motor cycle instructor may be authorised under paragraph (3) above if and only if —
a
he satisfies the conditions set out in sub-paragraphs (a), (b) and (c) of paragraph (5) below, in which case, on being authorised, he shall be known as a certified instructor; or
b
he satisfies the conditions set out in sub-paragraphs (a) and (c) of paragraph (5) below, in which case, on being authorised, he shall be known as an assistant instructor.
5
The conditions referred to in paragraph (4) above are that —
a
he holds a full licence to drive vehicles in category A; and
b
he has held that licence for a period of, or for periods amounting to, at least 2 years; and
c
either —
i
he has completed successfully the licensing authority’s assessment course for motor cycle instructors, or
ii
he has been trained by a motor cycle instructor who has completed such a course successfully.
6
Subject, in the case of a certified instructor, to paragraphs (7) to (9) below, and in the case of an assistant instructor, to paragraphs (7) and (8) below —
a
a certified instructor shall be entitled to conduct the training of motor cyclists and, provided he has completed successfully the licensing authority’s assessment course for motor cycle instructors, to train other motor cycle instructors to conduct the training of motor cyclists; and
b
an assistant instructor shall be entitled to conduct the training of motor cyclists save that he shall not be entitled to conduct the training of motor cyclists in practical on-road riding skills.
7
Certified and assistant instructors shall not be entitled to conduct any training until —
a
the person giving the authorisation under paragraph (3) above has notified the licensing authority of the authorisation in writing; and
b
the licensing authority has approved the authorisation in writing.
8
Where the licensing authority does not approve an authorisation given under paragraph (3) above that authorisation shall be of no effect.
9
A certified instructor shall not be entitled to conduct training as a certified instructor unless there is in force in respect of him a certificate, which shall be renewable every four years, issued by the licensing authority and obtained by the person who has authorised him under paragraph (3) above, in the form set out in Schedule 7.
10
An assistant instructor who, subsequent to his authorisation under paragraph (3) above, satisfies the condition set out in sub-paragraph (b) of paragraph (5) above, shall become a certified instructor on satisfying the condition, but he shall not be entitled to conduct training as a certified instructor unless paragraph (9) above is satisfied.
11
When conducting motor cycle training a certified instructor shall carry with him the certificate issued in respect of him by the licensing authority.
12
A person who is approved to provide an approved training course for motor cyclists in pursuance of sub-paragraph (d) of paragraph (1) above and who satisfies the conditions set out in sub-paragraphs (a), (b) and (c) of paragraph (5) above shall, in relation to training conducted by himself, be deemed for the purposes of this Part of these Regulations to be a certified instructor, and shall be entitled to conduct training as a certified instructor provided there is in force in respect of him a certificate, renewable every four years and issued to him by the licensing authority, in the form set out in Schedule 7, and he complies with paragraph (11) above.
13
A person who is approved to provide an approved training course for motor cyclists in pursuance of sub-paragraph (d) of paragraph (1) above and who satisfies the conditions set out in sub-paragraphs (a) and (c) of paragraph (5) above shall, in relation to training conducted by himself, be deemed for the purposes of this Part of these Regulations to be an assistant instructor and shall be entitled to conduct the training of motor cyclists save that he shall not be entitled to conduct the training of motor cyclists in practical on-road riding skills.
14
The licensing authority may at any time by notice in writing —
a
withdraw an approval made under sub-paragraph (d) of paragraph (1) above; or
b
revoke an authorisation given under paragraph (3) above.
15
Where the licensing authority withdraws an approval made under sub-paragraph (d) of paragraph (1) above, the approval and the authority of any person to act as a certified or assistant instructor on behalf of the person whose approval has been withdrawn shall cease forthwith; and where the licensing authority revokes an authorisation given under paragraph (3) above, the authority of the person whose authorisation is revoked to act as a certified or assistant instructor, as the case may be, shall cease forthwith.
16
Where the licensing authority withdraws an approval made under sub-paragraph (d) of paragraph (1) above, the person whose approval is withdrawn shall, within 28 days from the date of that withdrawal, return to the licensing authority all certificates which were supplied to him under paragraphs (9) and (12) above and all forms for certificates which were supplied to him under regulation 23B(5) below.
17
Where the licensing authority revokes an authorisation given under paragraph (3) above in respect of a certified instructor, or where a certified instructor authorised under paragraph (3) above ceases to conduct training on behalf of the person who authorised him, the certified instructor shall return to the person who authorised him the certificate he was required to carry under paragraph (11) above as soon as is reasonably practicable; and, on receiving it, the person who authorised him shall return that certificate to the licensing authority immediately.
Nature and approval of training courses
23B
1
A training course for motor cyclists shall comprise the elements A to E set out in Schedule 8 and shall be approved by the licensing authority.
2
Before any practical training is given to motor cyclists on an approved training course the requirements of paragraphs 1 and 2 of Schedule 8 must be fulfilled.
3
To complete an approved training course successfully, a motor cyclist must satisfy the person who provides the course of each of the following in sequence, commencing with sub-paragraph (a) —
a
that he has fulfilled the requirements set out in paragraph 3 of Schedule 8; and
b
that he can execute the manoeuvres set out in paragraph 4 of Schedule 8; and
c
that the requirements of paragraph 5 of Schedule 8 are fulfilled; and
d
that he rides safely on roads in a variety of road traffic situations, including as many as practicable of those set out in paragraph 6 of Schedule 8.
4
On the successful completion of an approved training course a motor cyclist shall be issued with a certificate of completion signed on behalf of the person providing the course by a certified instructor, who may be the person providing the course, on a form supplied by the licensing authority as prescribed in Schedule 9.
5
Forms for certificates evidencing the successful completion of an approved training course shall be supplied by the licensing authority to those authorised to provide approved training courses pursuant to paragraph (1) of regulation 23A above at a charge of £210 per form.
23C
When, during an approved training course, motor cyclists are receiving practical on site training or are undertaking practical on site riding there shall be no more than 4 motor cyclists in the charge of any one certified or assistant instructor at any one time; and when, during such a course, motor cyclists are undertaking practical on-road riding there shall be no more than 2 motor cyclists in the charge of any one certified instructor at any one time.
Exemptions and Transitional and Supplementary Provisions
23D
1
For the purposes of regulations 23E, 23F, 23G and 23H below —
“provisional licence holder” means a person who holds a valid provisional licence under which he drives and which, subject to section 97(3) of the Road Traffic Act 1988, authorises him to drive a vehicle of a class included in category A or category P; and
“provisional entitlement holder” means a person who holds and drives under a valid licence which, not being a provisional or full licence to drive a vehicle of a class included in category A or category P, authorises him (by virtue of Section 98(2) of the Road Traffic Act 1988) to drive a class of vehicle in one of those categories as if he were a provisional licence holder.
2
For the purposes of regulation 23G below “exempted island” means an island outside the mainland of Great Britain other than —
a
the Isle of Wight, Lewis and Harris, North Uist, Benbecula and South Uist, Mainland Orkney, Mainland Shetland and Skye; and
b
an island from which motor vehicles, not constructed for special purposes, can at some time be conveniently driven to a road in any part of the mainland of Great Britain because of the presence of a bridge, tunnel, ford, or other way suitable for the passage of such motor vehicles.
23E
1
A person who was a provisional licence holder immediately before 1st December 1990 shall be exempt from the restriction imposed by section 97(3)(e) of the Road Traffic Act 1988 during the validity of that licence.
2
A provisional licence holder who has passed Part I of the test for motor bicycles shall be exempt from the restriction imposed by section 97(3)(e) and from the requirement imposed by section 89(2A) of the Road Traffic Act 1988 for the period during which the certificate furnished to him under regulation 22(1) is valid.
3
Section 98 (3)(c) of the Road Traffic Act 1988 shall not apply to a person who was a provisional entitlement holder immediately before 1st December 1990 or to a provisional entitlement holder who has passed Part I of the test for motor bicycles for the period during which the certificate furnished to him under regulation 22(1) is valid.
4
A provisional entitlement holder who has passed Part I of the test for motor bicycles shall be exempt from the requirement imposed by section 89(2A) of the Road Traffic Act 1988 for the period during which the certificate furnished to him under regulation 22(1) is valid.
23F
A person who was a provisional licence or provisional entitlement holder immediately before 1st December 1990 and who applies to take and takes a test of competence to drive a vehicle of a class included in category P or a motor bicycle fitted with a side-car on or before 31st May 1991 shall be exempt from the requirement imposed by section 89(2A) of the Road Traffic Act 1988.
23G
1
A provisional licence or provisional entitlement holder who is resident on an exempted island shall be exempt from the requirement imposed by section 89(2A) of the Road Traffic Act 1988 in respect of a test of competence to drive a vehicle of a class included in category A or category P taken, or to be taken, on an island, whether or not that island is an exempted island.
2
A provisional licence holder who is resident on an exempted island shall be exempt from the restriction imposed by section 97(3)(e) of the Road Traffic Act 1988 when he satisfies either of the conditions set out in paragraph (4) below.
3
Section 98(3)(c) of the Road Traffic Act 1988 shall not apply to a provisional entitlement holder who is resident on an exempted island when he satisfies either of the conditions set in paragraph (4) below.
4
The conditions referred to in paragraphs (2) and (3) above are —
a
that the holder is driving on an exempted island, whether or not he is also resident on that island; or
b
that the holder is driving on a non-exempted island for the purpose of getting to or from an approved training course or to a place where he is to take, or from a place where he has taken, a test of competence to drive a vehicle of a class included in category A or category P.
23H
Without prejudice to regulations 23F and 23G(1) above a person who, immediately before 1st December 1990, is a provisional licence or provisional entitlement holder may take Part I of the test for motor bicycles instead of an approved training course if, but for this provision, he would be required to take an approved training course, provided he takes Part I of the test for motor bicycles on or before 31st May 1991.
5
1
Schedule 5 and the provisions specified in Schedule 1 to these Regulations are hereby revoked.
2
In paragraph (1) of regulation 3 (Interpretation) —
a
the words “part of a test means” and the definition of part of a test; and
b
the words “and includes a reference to a part of a test” in the definition of the word “test”,
shall be deleted.
3
After paragraph (1)(c) of regulation 20 (Nature of tests) the semi-colon and the word “and” shall be deleted and replaced by a full stop.
4
The foregoing provisions of this regulation shall not have effect in the case of a person who —
a
has passed Part I of the test for motor bicycles for the period during which the certificate furnished to him under regulation 22(1) is valid; or
b
pursuant to regulation 23H applies to the licensing authority to take and, by virtue of that regulation, is entitled to take and, in accordance with that regulation, takes Part I of the test for motor bicycles.
6
There shall be added the Schedules set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
26th November 1990


text:
Citation and commencement
1
These Regulations may be cited as the Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 1990 and shall come into force on 1st February 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Banking Act 1987 (Exempt Transactions) Regulations 1988 .
Amendment of principal Regulations
3
The principal Regulations shall be amended as follows:
a
by substituting for regulation 1(2) the following paragraph–
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Banking Act 1987;
“commercial paper” means a debt security which may not be redeemed in whole or in part until after seven days beginning with the date of issue but which must be redeemed within one year beginning with the date of issue;
“company” means a body corporate, including a body corporate constituted under the law of a country or territory outside the United Kingdom;
“the corresponding Northern Ireland legislation” means, in relation to any of the provisions of the Companies Act 1985 specified in these Regulations, the corresponding provisions of the Companies (North ern Ireland) Order 1986 ;
“the Council” means the Council of The Stock Exchange;
“debt security” includes bonds, notes, debentures and debenture stock;
“deposit”, except in the expressions “pre-contract deposit” and “deposit fund”, shall be construed in accordance with section 5 of the Act;
“exempt transactions” shall be construed in accordance with regulation 2 of these Regulations;
“financial year” has the meaning ascribed to it by section 742 of the Companies Act 1985;
“industrial and provident society” means a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or under the Industrial and Provident Societies Act (Northern Ireland) 1969 but does not include a credit union within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 ;
“the listing rules” means any rules made pursuant to section 142(6) of the Financial Services Act ;
“medium term note” means a debt security which may not be redeemed in whole or in part until after one year beginning with the date of issue but which must be redeemed within five years beginning with the date of issue;
“net assets” has the meaning ascribed to it by section 264(2) of the Companies Act 1985;
“the Official List” means the Official List of The Stock Exchange;
“Recognised Overseas Exchange” means an exchange, market place or association for the time being included in the list published by the Council for the purposes of rule 535.4 of the Rules of The Stock Exchange (permitted dealings in foreign securities) or any rule of The Stock Exchange having substantially the same effect ;
“redemption value”, in relation to any debt security, means the amount of the principal which is payable upon redemption of that security;
“relevant debt security” means a debt security which is commercial paper or a medium term note;
“The Stock Exchange” means The International Stock Exchange of the United Kingdom and Republic of Ireland Limited;
“subsidiary” and “wholly-owned subsidiary” shall be construed in accordance with section 736 of the Companies Act 1985 ;
“successor”, in relation to a body, means any company in which property, rights and liabilities of the body shall have become vested by virtue of an Act;
“the Unlisted Securities Market” means the Unlisted Securities Market of The Stock Exchange.
;
b
in regulation 7(3)(a) by inserting after the words “of the other part” the words “(as amended by qualifying resolutions of Participating Societies (as therein defined) dated 29th May 1989)” and by inserting before the word “amended” the word “subsequently”;
c
regulation 12 shall be revoked;
d
by substituting for regulation 13 the following new regulation–
Relevant debt securities
13
The acceptance of a deposit by a person (not being a body listed in Schedule 2 to these Regulations) on terms involving the issue of any relevant debt security is an exempt transaction if
a
the person accepting the deposit is–
i
a company whose shares or debt securities have been admitted to the Official List (and are not the subject of a notice issued by the Council cancelling or suspending the listing or suspending dealings) or are dealt in on the Unlisted Securities Market (and are not the subject of a notice issued by the Council cancelling or suspending dealings); or
ii
a company not falling within sub-paragraph (a)(i) above which is incorporated in the United Kingdom or whose shares or debt securities have been admitted to listing on a Recognised Overseas Exchange (and are not the subject of official action taken in accordance with the rules of the Recognised Overseas Exchange cancelling or suspending the listing or suspending dealings), which has complied with the requirements of Schedule 3 to these Regulations; or
iii
the government of any country or territory, or a public authority, outside the United Kingdom the debt securities of which are admitted to trading on the Stock Exchange or on a Recognised Overseas Exchange (and are not the subject of a notice issued by the Council or official action taken in accordance with the rules of the Recognised Overseas Exchange (as the case may be) cancelling or suspending the admission to trading or suspending dealings); or
iv
a person who does not fall within sub-paragraphs (a)(i) to (iii) above, if either a company which falls within sub-paragraph (a)(i) or an authorised institution has guaranteed to the holder of the relevant debt security the repayment of the principal and the payment of any interest or premium in connection therewith;
b
in the case of a company falling within sub-paragraph (a)(i) or (ii) above, its net assets, or, in the case of a person falling within sub-paragraph (a)(iv) above where the guarantor is not an authorised institution, the guarantor’s net assets, were shown in its last audited individual or group accounts (as the case may be) to be not less than £25 million (or an amount of equivalent value denominated wholly or partly otherwise than in sterling);
c
in consideration of the deposit a single debt security is issued, in the form of a relevant debt security, which has a redemption value of not less than £100,000 (or an amount of equivalent value denominated wholly or partly otherwise than in sterling), the whole or part of which may be transferred only if the redemption value of each relevant debt security being transferred is not less than £100,000 (or an amount of equivalent value denominated wholly or partly otherwise than in sterling); and
d
the relevant debt security–
i
if commercial paper, bears the rubric “commercial paper issued in accordance with regulations made under section 4 of the Banking Act 1987”;
ii
if a medium term note, bears the rubric “medium term note issued in accordance with regulations made under section 4 of the Banking Act 1987”;
iii
states the name of the issuer and that the issuer is not an authorised institution and either states that repayment of the principal and the payment of any interest or premium in connection with the relevant debt security have not been guaranteed, or, if they have been guaranteed, states that this is the case, the name of the guarantor and whether or not the guarantor is an authorised institution; and
iv
if it is issued by a company falling within sub-paragraph (a)(i) or (ii) above, or where it is not issued by such a company but is guaranteed by a company falling within sub-paragraph (a)(i) above, and is not offered by a prospectus to which section 56 or 72 of the Companies Act 1985 or the corresponding Northern Ireland legislation applies, includes a statement made by the company accepting the deposit or the guarantor (as the case may be) that the relevant company has complied with its obligations under the relevant rules and that, since the last publication in compliance with the relevant rules of information about the relevant company, the relevant company, having made all reasonable enquiries, has not become aware of any change in circumstances which could reasonably be regarded as significantly and adversely affecting its ability to meet its obligations in respect of the relevant debt security as they fall due. In this paragraph “the relevant rules” means–
aa
in the case of a company whose shares or debt securities have been admitted to the Official List, the listing rules, or
bb
in the case of a company whose shares or debt securities are dealt in on the Unlisted Securities Market, the terms and conditions of entry to the Unlisted Securities Market, or
cc
in the case of a company not falling within sub-paragraph (aa) or (bb) above, Schedule 3 to these Regulations.
;
e
Schedule 1 hereto shall be substituted for Schedule 1 to the principal Regulations; and
f
Schedule 2 hereto shall be substituted for Schedule 3 to the principal Regulations.
Stephen Dorrell
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury.
8th January 1990


text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1990 and shall come into force on 12th April 1990.
Interpretation
2
1
In this Order–
“ the Act ” means the Telecommunications Act 1984;
“apparatus” means wireless telegraphy apparatus or apparatus designed or adapted for use in connection with wireless telegraphy apparatus;
“fixed service” means a radiocommunication service between one fixed point and one or more other fixed points other than a service consisting in the making of a broadcast of sounds or visual images intended for general reception;
“Inner London” means the City of London, the Inner Temple, the Middle Temple and the Inner London boroughs;
“relevant apparatus” has the meaning given by article 5(1);
“test” includes the analysis of test results and the compiling of a test report;
“test officer” means a person engaged in testing on behalf of the Secretary of State; and
“travelling time” means time reasonably spent in travel wholly undertaken for the purposes of a test wholly or partly conducted at a place other than the test officer’s workplace.
2
For the purposes of this Order, “visit” means a continuous period of time during which a test officer is reasonably absent from either his usual place of residence or his workplace for the purposes of conducting a test, including time spent in conducting the test, travelling time, any period in which overnight accommodation (including a berth in a boat or train) is reasonably occupied (an “overnight stay”) and any other rest periods reasonably taken whilst so absent.
3
In calculating a test officer’s subsistence costs, a visit shall be divided into periods of time in the following order:–
a
each complete period of 24 hours (a “24 hour period”);
b
any–
i
single period of less than 24 hours; or
ii
period of less than 24 hours remaining after any 24 hour periods have been taken into account,
which includes an overnight stay (an “overnight period”);
c
where–
i
the visit does not involve an overnight stay; or
ii
the visit involves one or more 24 hour periods, but no overnight period is counted,
any period of–
aa
10 hours or more but less than 24 hours (a “day period”); or
bb
5 hours or more but less than 10 hours (a “half day period”); and
d
any remaining period of less than 5 hours, which shall be disregarded.
Transitional provision
3
This Order does not apply to any test where the application to have that test conducted was received by the Secretary of State before 12th April 1990.
Amendment
4
The Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1988 shall be amended as follows:–
a
for article 5, there shall be substituted the following article:–
5
1
The fee to be charged in respect of the testing of each description of apparatus listed in column 1 of Schedule 2 to any one MPT Performance Specification, or any one combination of MPT Performance Specifications, as the case may be, specified in relation to that description of apparatus in column 2, shall be the sum of–
a
the test charge at the point on the scale specified in relation to such testing in column 3; and
b
an amount equal to value added tax chargeable on the supply of that testing.
2
For the purposes of this article, the value of the supply of testing by reference to which value added tax is chargeable shall be the amount referred to in paragraph (1)(a) above.
; and
b
in Schedule 2 thereto–
i
the part headed “Private User Fixed Links” shall be omitted; and
ii
for the part headed “Miscellaneous”, there shall be substituted the following:–
Miscellaneous
Any apparatus which is–
a
neither of a description listed above nor of a description in respect of which the test fee is set by any other Order from time to time in force under section 84 of the Act; or
b
of a description listed above but which is tested to an MPT Performance Specification other than one specified above in column 2 in relation to it
Any one MPT Performance Specification 4
.
Test Fees for Private User Fixed Links
5
1
This article applies to the charging of fees in respect of the testing of apparatus designed or adapted for use in a fixed service (“relevant apparatus”) conducted in the exercise of the Secretary of State’s functions under section 84 of the Act for the purpose of the determination of an application for approval under that section.
2
The fee to be charged in respect of the testing of relevant apparatus shall be the sum of–
a
the amount calculated in accordance with the Schedule hereto; and
b
an amount equal to the value added tax chargeable on the supply of that testing.
3
For the purposes of this article, the value of the supply of testing by reference to which value added tax is chargeable shall be the amount calculated in accordance with paragraph (2)(a) above.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th April 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Haringey Ltd) Order 1990 and shall come into force on 24th May 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
20th April 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Credit (General) Amendment No. 2 Regulations 1990 and shall come into force on 2nd October 1990.
2
In these Regulations “the General Regulations ” means the Family Credit (General) Regulations 1987 .
Amendment of regulation 34 of the General Regulations
2
In regulation 34 of the General Regulations (notional capital), in paragraph (1) from the words “except where” to the end there shall be inserted the words
except —
a
where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the claimant; or
b
to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 34A (diminishing notional capital rule).
.
Insertion of regulation 34A into the General Regulations
3
After regulation 34 of the General Regulations (notional capital) there shall be inserted the following regulation —
Diminishing notional capital rule
34A
1
Where a claimant is treated as possessing capital under regulation 34(1) (notional capital), the amount which he is treated as possessing —
a
in the case of a benefit week which is subsequent to —
i
the relevant week in respect of which the conditions set out in paragraph (2) are satisfied; or
ii
a week which follows that relevant week and which satisfies those conditions,
shall be reduced by an amount determined under paragraph (3);
b
in the case of a benefit week in respect of which paragraph (1)(a) does not apply but where —
i
that week is a week subsequent to the relevant week, and
ii
that relevant week is a week in which the condition in paragraph (4) is satisfied,
shall be reduced by the amount determined under paragraph (4).
2
This paragraph applies to a benefit week where the claimant satisfies the conditions that —
a
he is entitled to family credit; and
b
but for regulation 34(1), he would have been entitled to an additional amount of family credit in that benefit week.
3
In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of —
a
the additional amount of family credit to which the claimant would have been entitled; and
b
the additional amount, if any, of housing benefit to which, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 (notional capital), the claimant would have been entitled in respect of the benefit week in which the date of the last claim for family credit falls; and
c
the additional amount, if any, of any community charge benefit to which, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 (notional capital), the claimant would have been entitled in respect of the benefit week in which the date of the last claim for family credit falls.
4
Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to family credit in the relevant week but for regulation 34(1) and in such a case the amount shall be equal to the aggregate of —
a
the amount of family credit to which the claimant would have been entitled in the relevant week but for regulation 34(1); and
b
the additional amount, if any, of housing benefit to which, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 the claimant would have been entitled in respect of the benefit week in which the first day of the relevant week falls; and
c
the additional amount, if any, of any community charge benefit to which, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 the claimant would have been entitled in respect of the benefit week in which the first day of the relevant week falls.
5
The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for family credit and the conditions in paragraph (6) are satisfied, and in such a case —
a
sub-paragraphs (a), (b) and (c) of paragraph (4) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
6
The conditions are that —
a
a further claim is made 22 or more weeks after —
i
the first day of the relevant week;
ii
in a case where there has been at least one re-determination in accordance with paragraph (5), the first day of the relevant subsequent week which last occurred;
whichever last occurred; and
b
the claimant would have been entitled to family credit but for regulation 34(1).
7
The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
8
For the purposes of this regulation —
a
“benefit week” has the meaning prescribed in regulations 16 (date of entitlement under an award) and 27 (family credit) of the Social Security (Claims and Payments) Regulations 1987 except where it appears in paragraphs (3)(b) and (c) and (4)(b) and (c) where it has the meaning prescribed in regulation 2(1) of the Housing Benefit (General) Regulations 1987 (interpretation) or regulation 2(1) of the Community Charge Benefits (General) Regulations 1989 (interpretation) as the case may be;
b
“relevant week” means the benefit week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 34(1) —
i
was for the first time taken into account for the purpose of determining his entitlement to family credit; or
ii
was taken into account on a subsequent occasion for that purpose other than in respect of either a benefit week to which paragraph (2) applies or a further claim to which paragraph (5) applies;
and, where more than one benefit week is identified by reference to heads (i) and (ii) of this sub-paragraph, the later or latest such benefit week;
c
“relevant subsequent week” means the benefit week in which any award of family credit in respect of the further claim referred to in paragraph (6)(a) would, but for regulation 34(1), have commenced, but it shall not be earlier than the twenty-seventh week after the week in which the existing amount took effect.
.
Amendment of Schedule 2 to the General Regulations
4
In Schedule 2 to the General Regulations (sums to be disregarded in the calculation of income other than earnings), after paragraph 43 there shall be added the following paragraphs —
44
1
Any payment or repayment made —
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regula-tions 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
45
Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
46
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
.
Amendment of Schedule 3 to the General Regulations
5
In Schedule 3 to the General Regulations (capital to be disregarded) —
a
in paragraph 6 at the end there shall be added the following sub-paragraph —
2
The assets of any business owned in whole or in part by the claimant where —
a
he has ceased to be engaged as a self-employed earner in that business by reason of some disease or bodily or mental disable-ment; and
b
he intends to become re-engaged as a self-employed earner in that business as soon as he recovers or is able to be re-engaged in that business;
for a period of 26 weeks from the date on which the claimant last ceased to be engaged in that business, or, if it is unreasonable to expect him to become re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so re-engaged.
;
b
for paragraph 13 there shall be substituted the following paragraph —
13
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.
;
c
after paragraph 39, there shall be added the following paragraphs —
40
1
Any payment or repayment made —
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of receipt of the payment or repayment.
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of receipt of the payment or repayment.
41
Any payment made under regulation 9 to 11 or 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.
42
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of receipt of the payment.
43
Any arrears of special war widows payment which is disregarded under paragraph 43 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) , but only for a period of 52 weeks from the date of receipt of the arrears.
.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
28th August 1990


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 1990 and shall come into force on 17th April 1990.
2
The Merchant Shipping (Light Dues) Regulations 1990 are hereby amended by substituting in the Schedule the following for paragraph 1(2) of Part I (Scale of Payments):
2
a
A ship of under 25,000 tons liable to make payments on account of light dues under this paragraph shall not be required to pay dues in respect of more than two voyages in any one month. A ship of 25,000 tons or over liable to make payments on account of light dues under this paragraph shall not be required to pay dues in respect of more than one voyage in any one month.
b
In the year commencing 1st April 1990 a ship referred to in sub-paragraph (a) above shall also not be required to pay dues on more than 6 voyages in total, and in any subsequent year the said yearly limit shall be 7 voyages.
.
Signed by authority ofthe Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
4th April 1990


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1990 and shall come into force for the purposes of this article and article 2 on 1st April 1990 and for all other purposes on 9th April 1990.
2
In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 2 of the principal Scheme
2
In paragraph (19) of article 2 of the principal Scheme (meaning of “public funds”) after the words “(Scotland) Act 1987 (a) ,” there shall be inserted the words “moneys provided under the Local Government Finance Act 1988 (b) ,” .
Amendment of article 18 of the principal Scheme
3
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1,482” there shall be substituted the amount “£1,820”.
Substitution of Schedules 3 and 4 to the principal Scheme
4
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule hereto and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1990.
We approve,
Stephen Dorrell
John M Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1990


text:
This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) (Amendment) Rules Order of Council 1990.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 1) Order 1990.
2
Sections 128 to 139 of the Environmental Protection Act 1990 shall, save for the amendments made by sections 128, 130 and 132 of the Act, come into force on 5th November 1990.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
4th November 1990


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Heavy Metal Poisoning) (England) Order 1990 and shall come into force on 11th August 1990.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food, animals in the area designated in article 3 below may have eaten zinc chromate or other poisonous heavy metal 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.
Prohibitions on movement
4
No person shall move any animals or anything derived from them from the designated area.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
10th August 1990.


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) Regulations 1990 and shall come into force on 1st July 1990.
Interpretation
2
1
In these Regulations “ the Act ” means the Local Government and Housing Act 1989.
2
Any reference in these Regulations to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the like effect.
Forms of Application for Grant
3
The forms of application for a grant prescribed under section 102(4) of the Act shall be as follows —
1
the form of application for a renovation grant shall be Form 1;
2
the form of application for a disabled facilities grant shall be Form 2;
3
the form of application for a common parts grant shall be Form 3;
4
the form of application for an HMO grant shall be Form 4.
Particulars for Application for Grant
4
The prescribed particulars to be contained in any application for a grant the form of which is prescribed by regulation 3 above are the particulars required by that form (other than those required by section 102(2) of the Act).
Chris Patten
Secretary of State for the Environment
12th June 1990
David Hunt
Secretary of State for Wales
12th June 1990


text:
1
These Regulations may be cited as the Rent Assessment Committees (England and Wales) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
The Rent Assessment Committees (England and Wales) Regulations 1971 are amended as follows —
1
in regulation 2(2) after “1988” insert “, or which is referred under paragraph 6(2) or 10(2) of Schedule 10 to the Local Government and Housing Act 1989”; and
2
in regulation 2A(1) after “1988” insert “or paragraph 6(2) or 10(2) of Schedule 10 to the Local Government and Housing Act 1989”.
Chris Patten
Secretary of State for the Environment
5th March 1990
Peter Walker
Secretary of State for Wales
1st March 1990


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1990, and shall come into force on 21st February 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Dairy Produce Quotas Regulations 1989 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Definitions
4
In regulation 2(1) of the principal Regulations —
a
before the definition of “Commission Regulation” there shall be inserted the definition:
“agricultural area” includes areas used for horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, areas of land used as grazing land, meadow land, osier land, market gardens and nursery grounds and areas of land used for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
;
b
after the definition of “Commission Regulation” there shall be inserted the definition:
“Community reserve” has the meaning assigned to it by Article 5c(4) of Council Regulation 804/68;
;
c
after the definition of “Council Regulation 857/84” there shall be inserted the definition:
“Council Regulation 775/87” means Council Regulation ( EEC ) No. 775/87 temporarily withdrawing a proportion of the reference quantity mentioned in Article 5c (1) of Council Regulation 804/68;
;
d
after the definition of “purchaser quota” there shall be inserted the definition:
“purchaser special quota” means the quantity of dairy produce which may be delivered by wholesale deliveries against producers' special quotas to a purchaser, from holdings in a region, during a quota year without that purchaser being liable to pay levy;
;
e
at the end of the definition of “replacement number” there shall be added “and where 22 per cent of the total number is halfway between two integers the nearest even integer shall be deemed to be the nearest integer”;
f
after the definition of “secondary wholesale quota” there shall be inserted the definition:
“special quota” means the special reference quantity awarded under Article 3a of Council Regulation 857/84;
;
g
at the end of the definition of “wholesale quota” there shall be added the following proviso:
save that for the purposes of the Agriculture Act 1986 “wholesale quota” includes in addition the quantity of dairy produce which could have been so delivered had it not been the subject of a compensation payment under Article 2 of Council Regulation 775/87
.
Regions
5
1
In regulation 7(2) of the principal Regulations before the word “where” there shall be inserted “Subject to paragraph (2A),”.
2
After the said regulation 7(2) there shall be inserted the following paragraph —
2A
Paragraph (2) shall not apply in relation to that part of the regional wholesale quota which consists of special quota awarded to producers in that region.
.
Transfer of quota
6
1
For paragraph (e) of regulation 9(7) of the principal Regulations the following paragraph shall be substituted —
e
the termination of a tenancy or lease to which sub-paragraph (b), (c) or (d) applies.
2
Paragraph (f) of the said regulation 9(7) shall be omitted.
3
After the said regulation 9(7) there shall be inserted the following paragraphs —
8
Paragraphs (1), (5)(a), (6) and (7) of this regulation shall not apply in relation to the special quota.
9
The words “Notwithstanding paragraph (1) above” in paragraph (2) of this regulation shall not apply in relation to its application to the special quota.
.
Effect of land transfers on special quota
7
After regulation 9 of the principal Regulations there shall be inserted —
Effect of land transfers on special quota
9A
1
Subject to paragraph (3) and to regulation 9B where a producer has a special quota registered in his name —
a
that special quota shall be returned to the Community reserve if the holding is sold or leased by the producer; and
b
a proportion of that special quota shall be returned to the Community reserve if only part of the holding is sold or leased by the producer.
2
The proportion of the special quota which is to be returned to the Community reserve in accordance with paragraph (1)(b) shall be the same proportion which the agricultural area of the holding sold or leased bears to the total agricultural area farmed by the producer.
3
This regulation shall not apply where the transfer of the holding or any part of it is effected by means of the following —
a
a licence to occupy land,
b
the tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than 10 months,
c
the lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than 8 months,
d
the tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than 12 months.
Exempt Transfers
9B
No part of the special quota shall be returned to the Community reserve where the holding or any part of it is transferred —
a
on inheritance,
b
by gift for which no consideration is given,
c
by the granting of a tenancy following a direction under section 39 or section 53 of the Agricultural Holdings Act 1986 (direction for grant of tenancy to successor on death or retirement of previous tenant),
d
by the granting of a tenancy (following a direction under section 39 of that Act) in circumstances within section 45(6) of that Act (new tenancy granted by agreement to persons entitled to tenancy under direction),
e
by the granting of such a tenancy as is referred to in section 37(1)(b) or (2) of that Act (tenancy granted by agreement to close relatives),
f
by the granting of a tenancy other than under paragraphs (c), (d) or (e) of this regulation by the landlord to a successor of a tenant who has died or retired,
and the person to whom the holding or any part of it is transferred undertakes to comply with the undertakings of his predecessor under Article 3a of Council Regulation 857/84.
Notification of transfer of a holding or part of a holding
9C
1
Subject to regulation 9B where a producer has a special quota registered in his name and intends to transfer the whole or a part of his holding he shall submit to the Minister —
a
before making such transfer a duly completed form prescribed for this purpose from time to time by the Minister, and
b
such other evidence relating to the proposed transfer, and within such time, as the Minister may reasonably require.
2
Where a transfer takes place of a holding or part of a holding as is referred to in regulation 9B the transferee shall submit to the Minister —
a
a duly completed form prescribed for this purpose from time to time by the Minister, and
b
such other evidence relating to the proposed transfer, and within such time, as the Minister may reasonably require.
.
Apportionment of quota
8
In regulation 10 of the principal Regulations —
a
after the word “regulations” there shall be inserted “9A, 10A,”,
b
in paragraph (a)(iii) after the word “notice” there shall be inserted: “provided by the transferor or his personal representative”,
c
at the end of paragraph (a) there shall be substituted for “that agreement” the words “the agreement specified in sub-paragraph (ii)”.
Apportionment of special quota
9
After regulation 10 of the principal Regulations there shall be inserted the following regulation —
Apportionment of special quota
10A
Where there is a transfer of part of a holding under regulation 9B, the apportionment of the special quota relating to that part of the holding shall be carried out —
a
where within two months of the change of occupation the transferee submits to the Minister —
i
a duly completed form in accordance with regulation 9C(2)(a),
ii
a statement, signed by the transferor and the transferee, that they have agreed that the special quota shall be apportioned according to areas used for milk production as specified in the statement, and
iii
a consent or a sole interest notice provided by the transferor or his personal representative in respect of the entirety of the holding,
in accordance with the agreement specified in sub-paragraph (ii),
b
in all other cases —
i
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 4 and 6,
ii
in Scotland in accordance with Schedule 5.
.
Notification by the Minister of apportionment of quota by arbitration
10
In regulation 12 of the principal Regulations for the words “regulation 10(a)(ii) or 11(1)(c)(i) he shall give notice of this fact in writing to the person who made the statement” the following shall be substituted —
regulation 9c, 10(a)(ii) or 11(1)(c)(i) or the Minister has reasonable grounds for believing that the areas used for milk production on a holding were not as agreed between the parties at the time of apportionment notwithstanding that no statement was made for the purposes of the aforementioned regulations he shall give notice of this fact in writing to the person who made the statement, or in a case where no statement was made, to the transferee
.
Quota exchange
11
At the beginning of regulation 14 of the principal Regulations there shall be inserted “(1)” and at the end of that regulation there shall be added —
2
This regulation shall not apply in relation to the special quota.
.
Management of quota
12
In paragraph (1) of regulation 15 of the principal Regulations for the words “may make a temporary transfer within one region of part of the wholesale quota registered as his to another producer for a period of one quota year” there shall be substituted —
who has wholesale quota registered as his which constitutes part of the purchaser quota of a purchaser may make a temporary transfer of part of that wholesale quota for a period of one quota year to any other producer whose wholesale quota constitutes part of the purchaser quota of that same purchaser
.
Avoidance of levy
13
After regulation 19 of the principal Regulations there shall be inserted the following regulation —
Avoidance of levy
19A
1
Subject to sub-paragraph (2) below, where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently another producer makes sales or deliveries of milk or milk products from milk produced by any or all of the same cows the second producer shall be deemed to have made those sales or deliveries in the capacity of agent for the first producer.
2
Sub-paragraph (1) above shall not apply where —
a
an agreement has been entered into by the first producer for the sale or lease of the cows in question or the second producer has inherited them from the first producer; and
b
the cows are kept on the second producer’s holding.
.
Registers to be prepared and maintained by the Minister
14
In regulation 25 of the principal Regulations —
a
at the end of paragraph 1(a)(ii) the word “and” shall be omitted;
b
after paragraph (1)(a)(ii) the following paragraph shall be inserted:
iia
the total amount of direct sales quota awarded or transferred to him as special quota, and
;
c
after paragraph (2)(a)(ii) the following paragraph shall be inserted —
iia
the total amount of wholesale quota awarded or transferred to him as special quota,
;
d
at the end of paragraph (3)(a)(ii) the word “and” shall be omitted —
e
at the end of paragraph (3)(a)(iii) there shall be inserted the word “and”; and
f
after paragraph (3)(a)(iii) there shall be inserted —
iv
his purchaser special quota.
.
Amendment of Schedules
15
1
For Schedules 1, 2 and 3 to the principal Regulations there shall be substituted the provisions set out in the Schedule to these Regulations.
2
In paragraph 20 of Schedule 4 to the principal Regulations “ad testificandum” shall be substituted for “and testificandum”.
3
In paragraph 1(a) of Schedule 8 to the principal Regulations “Article 12(1)” shall be substituted for “paragraph 12(1)”.
4
In paragraph 10 of Schedule 8 to the principal Regulations the words “direct each purchaser to” shall be omitted.
5
In paragraph 14 of Schedule 8 to the principal Regulations “Schedule” shall be substituted for “regulation”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
29th January 1990.
Sanderson of Bowden
Minister of State, Scottish Office
30th January 1990


text:
1
This Order may be cited as the Companies Act 1989 (Commencement No. 1) Order 1990.
2
The following provisions in Part III of the Companies Act 1989 shall come into force on 25th January 1990 —
a
section 75(2);
b
section 75(3), in so far as it provides for the insertion in subsection (1) of section 180 of the Financial Services Act 1986 of a new paragraph (oo) after paragraph (o) of that subsection, and section 75(4) in so far as it provides a definition of “public servant” for the purposes of that new paragraph; and
c
section 75(7).
3
In Part X of the Companies Act 1989, section 216 will come into force on 25th January 1990.
John Redwood
Parliamentary Under Secretary of State
Department of Trade and Industry
24th January 1990


text:
1
For the purpose of connecting the motorway with other highways, at the places stated in the schedule hereto, the Secretary of State is authorised to provide along the routes described in that schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme —
i
“the motorway”
means the M5 Birmingham-Exeter Motorway.
ii
“the deposited plan”
means the plan folio numbered HA16/1WM/1 marked “The M5 Birmingham–Exeter Motorway (Warndon Junction 6) Connecting Roads Scheme 1990”, containing the scheme plan, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the special roads”
means the special roads which the Secretary of State is authorised by this scheme to provide.
5
This Scheme shall come into force on 31st August 1990 and may be cited as the M5 Birmingham-Exeter Motorway (Warndon Junction 6) Connecting Roads Scheme 1990.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
15th August 1990


text:
Citation and commencement
1
1
These Rules may be cited as the Rules of the Supreme Court (Amendment No. 2) 1990 and shall come into force on 1st October 1990.
2
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.
Admiralty proceedings
2
In Order 1, rule 4(1), in the definition of “pleading”, after the words “summons or”, there shall be inserted the words “Part One of a”.
3
In Order 75, rule 6(1), for the words “A person”, there shall be substituted “Except in a case to which paragraph (1A) applies, a person”.
4
After Order 75, rule 6(1), there shall be inserted the following new paragraph —
1A
Where a plaintiff in a limitation action has constituted a limitation fund in accordance with Article 11 of the Convention on Limitation of Liability for Maritime Claims 1976 (as set out in Schedule 4 to the Merchant Shipping Act 1979 ) and rule 37A of this Order, and desires to prevent the arrest of any property for a claim which may be or has been made against the fund, he must file in the registry a praecipe, in Form No. 5A in Appendix B, signed by him or his solicitor —
a
stating that a limitation fund in respect of damage arising from the relevant incident has been constituted, and
b
undertaking to acknowledge issue or service (as may be appropriate) of the writ in any action that may be begun against the property described in the praecipe;
and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall be entered in the caveat book.
.
5
For Order 75, rule 18, there shall be substituted the following new rule —
Preliminary Acts
18
1
In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, the following provisions of this rule shall apply unless the Court otherwise orders.
2
The plaintiff must within two months after service of the writ on any defendant and the defendant must within two months of acknowledging issue or service of the writ file in the appropriate registry a document in two parts (in these rules referred to as a preliminary act) containing a statement of the following:
Part One
i
the names of the ships which came into collision and their ports of registry;
ii
the length, breadth, gross tonnage, horsepower and draught at the material time of the ship and the nature and tonnage of any cargo carried by the ship;
iii
the date and time (including the time zone) of the collision;
iv
the place of the collision;
v
the direction and force of the wind;
vi
the state of the weather;
vii
the state, direction and force of the tidal or other current;
viii
the position, the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier;
ix
the lights or shapes (if any) carried by the ship;
x
a
the distance and bearing of the other ship if and when her echo was first observed by radar;
b
the distance, bearing and approximate heading of the other ship when first seen;
xi
what light or shape or combination of lights or shapes (if any) of the other ship was first seen;
xii
what other lights or shapes or combinations of lights or shapes (if any) of the other ship were subsequently seen before the collision, and when;
xiii
what alterations (if any) were made to the course and speed of the ship after the earlier of the two times referred to in article (viii) up to the time of the collision, and when, and what measures (if any) other than alterations of course or speed, were taken to avoid the collision, and when;
xiv
the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact;
xv
what sound signals (if any) were given, and when;
xvi
what sound signals (if any) were heard from the other ship, and when.
Part Two
i
a statement that the particulars in Part One are incorporated in Part Two;
ii
any other facts and matters upon which the party filing the preliminary act relies;
iii
all allegations of negligence or other fault which the party filing the preliminary act makes;
iv
the remedy or relief which the party filing the preliminary act claims;
3
Part Two of the preliminary act shall be deemed to be the pleading of the person filing the preliminary act (in the case of the plaintiff his statement of claim and in the case of the defendant his defence and, where appropriate, his counterclaim) and the provisions of these rules relating to pleadings shall apply to it save insofar as this rule and rule 20 provide otherwise.
4
The Court may order that Part Two of the preliminary act need not be filed by the plaintiff or defendant and give directions for the further conduct of the action.
5
Every preliminary act shall before filing be sealed by the proper officer and be filed in a sealed envelope which shall not be opened except as provided in paragraph (7) or by order of the court.
6
A plaintiff must serve notice of filing his preliminary act on every defendant who acknowledges issue or service of the writ within 3 days of receiving notice of that acknowledgement or upon filing his preliminary act, whichever is the later. A defendant must, upon filing his preliminary act, serve notice that he has done so on the plaintiff and on every other defendant who has acknowledged issue or service of the writ.
7
Any party may inspect and bespeak a copy of the preliminary act of any other party upon filing in the appropriate registry a consent signed by that other party or his solicitor.
8
Order 18, rule 20 (close of pleadings) shall not apply; and for the purposes of Order 18, rule 14 (denial by joinder of issue), Order 20, rule 3 (amendment of pleadings without leave) and Order 24, rules 1 and 2 (discovery of documents) the pleadings shall be deemed to be closed —
a
at the expiration of 7 days after service of the reply or, if there is no reply but only a defence to counterclaim, after service of the defence to counterclaim pursuant to leave given under rule 20, or
b
if neither a reply nor a defence to counterclaim is served, at the expiration of 7 days after the last preliminary act in the action was served pursuant to paragraph (9) below.
9
Within 14 days after the last preliminary act in the action is filed each party must serve on every other party a copy of his preliminary act.
10
At any time after all preliminary acts have been filed any party may apply to the Court for an order that —
a
one or more parties file in the registry particulars of the damages claimed by them and serve a copy thereof on every other party, and
b
that the damages be assessed prior to or at the trial on liability.
The application must be made by summons to the appropriate registrar even if it is made after the issue of a summons for directions.
11
When an order is made under paragraph (10) the claim or claims concerned shall be treated as referred to the appropriate registrar for assessment and rules 41 and 42 shall apply unless the registrar otherwise directs.
12
In this rule “the appropriate registry” means the Admiralty and Commercial Registry or, if the action is proceeding in a district registry, that registry; and references to “the appropriate registrar” shall be construed accordingly.
.
6
In Order 75, rule 19(7), for “18(1)” there shall be substituted “18(2)”.
7
For Order 75, rule 20(2), there shall be substituted the following paragraphs —
2
Subject to paragraph (3), in any such action Order 18, rule 13(3) shall not apply to any allegation of fact made in —
a
a statement of claim contained in Part Two of a preliminary act, or
b
a counterclaim (whether contained in Part Two of a preliminary act or not),
and notwithstanding Order 18, rule 14(3) but without prejudice to the other provisions of that rule, there is an implied joinder of issue on the statement of claim or counterclaim.
3
Paragraph (2) does not apply to a counterclaim if the plaintiff has served a defence to counterclaim pursuant to leave given under paragraph (1).
.
8
In Order 75, rule 26(3)(a), for the words “any notice given under rule 18(3) or filed under rule 18(4)”, there shall be substituted the words “any particulars filed pursuant to an order under rule 18(10)(a)”.
9
After Form No. 5 in Appendix B, there shall be inserted the following new form —
No. 5A
Praecipe for caveat against arrest (O.75 r.6(1A))
[Description of property giving name, if a ship]
.
10
Rules 2 and 5 to 8 shall not apply to any action in which the writ is issued before they come into force.
Exclusion of August from time for service etc. of pleadings
11
Order 3, rule 3 and Order 18, rule 5 shall be revoked.
Service abroad
12
After Order 11, rule 1(1)(s), there shall be added the following new sub-paragraph —
t
the claim is brought for money had and received or for an account or other relief against the defendant as constructive trustee, and the defendant’s alleged liability arises out of acts committed, whether by him or otherwise, within the jurisdiction.
.
Counterclaims and notices of judgment
13
Order 15, rule 3 shall be amended as follows —
a
in paragraph (2) for the words from “a form of acknowledgement” to “circumstances may require” there shall be substituted the words “the defendant must issue the counterclaim out of the appropriate office and serve on the person concerned a sealed copy of the counterclaim, together with a form of acknowledgement of service in Form No. 14 in Appendix A (with such modifications as the circumstances may require) and a copy of the writ or originating summons by which the action was begun and of all other pleadings served in the action”;
b
in paragraph (4) for the words “acknowledging service of a counterclaim by” there shall be substituted the words “issuing and acknowledging service of a counterclaim against”;
c
in paragraph (5) after the word “namely,” there shall be inserted the words “Order 6, rule 7(3) and (5),”.
14
In Order 15, rule 7(4) after the words “by which the cause or matter was begun” there shall be inserted the words “and of all other pleadings served in the proceedings,”.
15
After Order 15, rule 8(2), there shall be inserted the following new paragraph —
2A
Together with the writ of summons served under paragraph (2) shall be served a copy of all other pleadings served in the action.
.
16
Order 15, rule 13A shall be amended as follows —
a
in paragraph (3) after the words “Form No. 52 in Appendix A and” there shall be inserted the words “; and the copy to be served shall be a sealed copy”;
b
in paragraph (3) after the words “originating summons or writ and” there shall be inserted the words “of all other pleadings served in the action, and by”;
c
in paragraph (5) after the words “amended writ or originating summons is” there shall be inserted the words “issued and”;
d
after paragraph (6), there shall be added the following new paragraph —
7
Order 6, rule 7(3) and (5) shall apply in relation to a notice of an action under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff.
.
17
Order 44, rule 2 shall be amended as follows —
a
after paragraph (2) there shall be inserted the following new paragraph —
2A
Order 6, rule 7(3) and (5) shall apply in relation to a notice of judgment under this rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff.
;
b
at the end of paragraph (3) there shall be added the following words —
; and the copy of the notice to be served shall be a sealed copy.
;
c
in paragraph (4) for the words “without acknowledging service” there shall be substituted the words “after acknowledging service”.
Recovery of social security benefits
18
Order 22, rule 5 shall be amended as follows —
a
the present text shall stand as paragraph (1);
b
after paragraph (1), there shall be inserted the following new paragraph —
2
In a case where a payment into court has been made as mentioned in paragraph 12(2) of Schedule 4 to the Social Security Act 1989 and an application is made for the money remaining in court to be paid out, the court may treat the money in court as being reduced by a sum equivalent to any further relevant benefits (within the meaning of section 22(3) of that Act) paid to the plaintiff since the date of payment into court and direct payment out accordingly.
.
19
In Order 22, rule 14(2), the words from “and the Court, shall,” to the end shall be omitted.
20
Order 62, rule 9 shall be amended as follows —
a
the present text, as amended in accordance with (b) below, shall stand as paragraph (1);
b
in paragraph (1)(d) there shall be inserted, after the words “provided that”, the words “, except in a case to which paragraph (2) applies,”;
c
after paragraph (1) there shall be inserted the following new paragraph —
2
This paragraph applies to a case where the party making the offer has applied for, but has not yet received, a certificate of total benefit given in accordance with Schedule 4 to the Social Security Act 1989; but this paragraph shall not apply with respect to any time after 7 days after that party has received the certificate.
.
21
Form No. 23 in Appendix A shall be amended by inserting, before the words “Dated the day of 19 .”, the following paragraph —
[The defendant has withheld from this payment into court the sum of £ in accordance with paragraph 12(2)(a)(i) of Schedule 4 to the Social Security Act 1989.]
.
Originating summons procedure
22
In Order 24, rule 7A(1) after the words “originating summons”, there shall be inserted the words “(in Form No. 10 in Appendix A)”.
23
In Order 28, rule 3(1) for “4 clear”, there shall be substituted “14” and everything after “every other party” shall be omitted.
24
After Order 28, rule 3(2), there shall be added the following new paragraphs —
3
Where notice in Form No. 12 in Appendix A is served in accordance with paragraph (1), such notice shall specify what orders or directions the party serving the notice intends to seek at the hearing; and any party served with such notice who wishes to seek different orders or directions must, not less than 7 days before the hearing, serve on every other party a notice specifying the other orders and directions he intends to seek.
4
If the hearing of an originating summons which is in Form No. 8 or Form No. 10 in Appendix A is adjourned and any party to the proceedings desires to apply at the resumed hearing for any order or direction not previously asked for he must not less than 7 days before the resumed hearing of the summons serve on every other party a notice specifying those orders and directions.
5
Where a party is required by any provision of this rule or rule 5(2) to serve a notice or a copy of a notice on “every other party” he must —
a
where he is the plaintiff, serve it on every defendant who has acknowledged service of the originating summons; and
b
where he is a defendant, serve it on the plaintiff and on every other defendant affected thereby.
.
25
For Order 28, rule 5(2) there shall be substituted the following —
2
If the hearing of the summons is adjourned generally, any party may restore it to the list on 14 days' notice to every other party, and rule 3(4) shall apply in relation to any such adjourned hearing.
.
26
For Form No. 12 in Appendix A, there shall be substituted the following —
No. 12
Notice of appointment to hear originating summons
[Heading as in summons]
(0.28, r.2)
.
Taxation of costs
27
After Order 32, rule 2(3)(d), there shall be inserted the following new sub-paragraph —
dd
in relation to a summons in taxation proceedings in the Supreme Court Taxing Office, that office;
.
28
After Order 41, rule 9(3A), there shall be inserted the following new paragraph —
3B
Every affidavit used in proceedings for taxation in the Supreme Court Taxing Office must be filed in that office.
.
29
After Order 62, rule 28(4), there shall be inserted the following new paragraphs —
4A
An appeal shall lie to a judge in chambers from the exercise by a taxing officer of the powers conferred by this rule; and Order 58, rule 1 (as modified, in the case of an appeal from a district registrar, by Order 58, rule 3(2)) shall apply to such an appeal as it applies to an appeal from a master.
4B
In exercising his powers under this rule the taxing officer shall have all the powers available to the Court in the exercise of its discretion under rules 10 and 11.
.
30
In Order 62, rule 33(1) after the words “provisional taxation”, there shall be inserted the words “or a decision under rule 28”.
Minor corrections
31
For Table A (Basic Costs) in Part I of Appendix 3 to Order 62 there shall be substituted the following —
A. Basic Costs
Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix (a) (b) (c) £p £p £p
If the amount recovered is — not less than £600 but less than £2,000 —
i
where the writ was served by post
50.00 66.00 116.00
ii
where the writ was served on the defendant personally
56.00 71.00 121.00 not less than £2,000 but less than £3,000 —
i
where the writ was served by post
56.00 73.00 121.00
ii
where the writ was served on the defendant personally
66.00 77.00 127.00 not less than £3,000 73.00 105.00 150.00
32
After Order 88, rule 3(3), there shall be inserted the following new paragraph —
4
In relation to domestic property within the meaning of section 66 of the Local Government Finance Act 1988 , the reference in paragraph (3)(b) to the net annual value for rating shall be construed as a reference to the value shown on the valuation list in force on 31st March 1990 or, if no such value was so shown, to its value by the year.
.
33
Rule 2(3) of the Rules of the Supreme Court (Amendment) 1990 shall be omitted.
34
Paragraph 2 of the Notes for Guidance in Form No. 2B in Appendix B shall be amended by inserting, after the words “or insertion”, the words “, unless the contrary is shown.”.
Mackay of Clashfern, C.,
Lane, C.J.,
Donaldson of Lymington, M.R.,
Stephen Brown, P.,
N. Browne-Wilkinson, V-C.,
Leggatt, L.J.,
Phillips, J.,
Hugh Bennett,
Jules Sher,
C. R. Berry,
C. B. Chandler.
Dated 23rd August 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Harrogate Telecommunications Complex Limited) Order 1990 and shall come into force on 1st January 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
29th November 1990


text:
Title and commencement
1
This Order may be cited as the Poultry Laying Flocks (Testing and Registration etc.) (Amendment) Order 1990 and shall come into force on 19th February 1990.
Amendment
2
The Poultry Laying Flocks (Testing and Registration etc.) Order 1989 shall be amended as follows —
a
article 12 (Public inspection of register) shall be omitted; and
b
in paragraph 3 of Schedule 2 (requirements relating to the collection and handling of eggs from laying flocks) for the word “disosed” there shall be substituted the word “disposed”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th February 1990.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
13th February 1990
Peter Walker
Secretary of State for Wales
13th February 1990