text:
Title and commencement
1
This Order may be cited as the Welfare of Animals at Markets Order 1990 and shall come into force on 1st March 1991.
Extension of definitions of “animals” and “poultry”
2
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise rabbits; and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise quails.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“animals” means cattle, sheep, goats and all other ruminating animals, pigs, rabbits and poultry;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“calf” means a bovine animal under the age of six months;
“cattle” means bulls, cows, steers, heifers and calves;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to a person appointed by the Minister, includes a veterinary inspector;
“market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale and includes any lairage adjoining a market and used in connection with it and any place adjoining a market used as a parking area by visitors to the market for parking vehicles;
“market authority” means the local authority or other person responsible for the upkeep of a market or for the provision of fixed facilities there;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“poultry” means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks, guinea-fowls, pheasants, partridges and quails;
“unfit” includes infirm, diseased, ill, injured and fatigued;
“vehicle” means any vehicle (including a trailer of any description and the detachable body of a vehicle) constructed or adapted for use on a road;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
Any reference in this Order to a numbered article is a reference to the article bearing that number in this Order.
Scope
4
The provisions of articles 6 to 10, 13, 15 to 17 and 19 shall apply to animals (or to any particular animals mentioned in any of those articles) —
a
while they are exposed for sale in a market or while they are awaiting removal after being exposed for sale there; or
b
which are being kept temporarily in a market (without being exposed for sale there) pending completion of their inland transit in Great Britain.
Unfit animals and animals likely to give birth
5
1
No person shall permit an unfit animal to be exposed for sale in a market.
2
No person shall permit an animal to be exposed for sale in a market if it is likely to give birth while it is there.
Protection of animals from injury or unnecessary suffering
6
1
No person shall cause or permit any injury or unnecessary suffering to an animal in a market.
2
Without prejudice to the generality of paragraph (1) above, it shall be the duty of any person in charge of an animal in a market to ensure that the animal is not, or is not likely to be, caused injury or unnecessary suffering by reason of —
a
the animal being exposed to the weather;
b
inadequate ventilation being available for the animal;
c
the animal being hit or prodded by any instrument or other thing; or
d
any other cause.
Handling and tying of animals
7
1
Subject to paragraph (3) below, no person shall handle an animal in a market by —
a
lifting it off the ground;
b
dragging it along the ground; or
c
suspending it clear of the ground,
by the head, neck, ears, horns, legs, feet, tail, fleece or wing.
2
Subject to paragraph (4) below, no person shall —
a
tie up or muzzle any calf; or
b
tie any poultry by the neck, leg or wing.
3
Paragraph (1) above shall not prohibit —
a
any geese being lifted off the ground by the base of both wings; or
b
any poultry being suspended clear of the ground by the legs while they are being weighed.
4
Paragraph (2) above shall not prohibit any poultry being tied by the leg while they are being weighed.
Control of animals
8
1
No person shall use excessive force to control any animals in a market.
2
Subject to paragraph (3) below, no person shall use in a market —
a
any instrument which is capable of inflicting an electric shock to control any animals;
b
any stick, goad or other instrument or thing to hit or prod any calves; or
c
any stick (other than a flat slap stick or a slap marker), non-electric goad or other instrument or thing to hit or prod any pigs.
3
The prohibition in paragraph (2)(a) above shall not apply to the use of an instrument mentioned in that paragraph, on the hindquarters of any cattle over the age of 6 months or adult pigs which are refusing to move forward when there is space for them to do so.
4
No person shall drive or lead any animal over any ground or floor, the nature or condition of which is likely to cause the animal to slip or fall.
Obstruction and annoyance of animals
9
1
No person shall knowingly obstruct any animal which is being driven or led through any part of a market.
2
No person shall wantonly or unreasonably annoy any animal in a market.
Penning and caging of animals
10
1
It shall be the duty of a market operator to ensure that no animal is kept in a pen, cage or hutch which is unsuitable for the size and species of that animal.
2
Without prejudice to the generality of paragraph (1) above it shall be the duty of a market operator to ensure that —
a
any pen in which any calves or pigs are kept is of sufficient size to enable all the calves or pigs kept in it to lie down at the same time;
b
any cage or hutch in which any poultry or rabbits are kept —
i
is of such a design as to enable the poultry to stand in their natural position, or, as the case may be, to enable all the rabbits kept in them to sit upright on all four feet without their ears touching the top of the cage or hutch, and
ii
has a door which is of sufficient size to enable the poultry or rabbits (as the case may be) to be placed in, and removed from, the cage or hutch without being caused any injury or unnecessary suffering.
3
Without prejudice to the generality of paragraph (1) above, it shall be the duty of a market operator to ensure that, within the market —
a
when animals are penned —
i
those of one species are kept in separate pens from animals of another species; and
ii
they are distributed within the pens, having regard to differences in age and size, so as to avoid unnecessary suffering to them;
b
any fractious animal is kept in a separate pen, cage or hutch from other animals;
c
animals are not kept in pens, cages or hutches which are overcrowded;
d
adequate provision is made to prevent animals —
i
escaping from the market, and
ii
coming into contact with any aggressive or fractious animals in the market;
e
a bull is not kept in the same undivided pen in the market as any other animal except that —
i
bulls which are halter broken may be kept together in the same undivided pen if they are all secured by the head or neck, and
ii
bulls which have been reared together may be kept together in the same undivided pen (without being secured by the head or neck);
f
a boar over the age of 6 months is not kept in the same undivided pen as any other animal; and
g
animals with young at foot are not kept in the same undivided pen as any other animals, except where they originate from the same group of animals and are of a mutually acceptable disposition.
4
For the purposes of paragraph (3) above, a “fractious animal” is an animal which is likely to cause injury to other animals.
Feeding and watering of animals
11
1
It shall be the duty of the person in charge of an animal to ensure that the animal is provided with an adequate quantity of wholesome water as often as is necessary to prevent it suffering from thirst.
2
It shall be the duty of the owner (or his duly authorised agent) of an animal which is kept in a market from one day to the next to ensure that the animal is provided with an adequate quantity of suitable food and with an adequate quantity of wholesome water —
a
before 9 p.m. on the day on which the animal arrives at the market or, if it arrives at the market after 9 p.m., immediately on its arrival there; and
b
thereafter at least once in each complete period of 12 hours (calculated from 9 p.m. on the day of its arrival at the market) during which the animal is kept in the market.
Provision of lighting and bedding
12
It shall be the duty of a market operator or other person for the time being in charge of an animal to ensure that —
a
adequate lighting is available to enable animals kept in the market to be inspected and to be fed and watered; and
b
an adequate supply of suitable bedding is provided for —
i
any calves, dairy cattle in milk or in calf, goats in milk or in kid, or pigs; and
ii
any lambs (except a lamb which is kept at the foot of its dam) or goat kids in either case under 4 weeks of age.
Covered accommodation
13
1
It shall be the duty of the market authority of every market in which any calves, dairy cattle in milk or in calf, pigs, goats, lambs (except a lamb which is kept at the foot of its dam) less than 4 weeks old, rabbits or poultry are kept to provide covered accommodation in the market for such animals.
2
It shall be the duty of the market operator to ensure that any such animals are kept in the covered accommodation provided by the market authority in accordance with paragraph (1) above.
Restrictions on the sale of calves
14
1
No person shall bring to a market a calf which is less than 7 days old or which has an unhealed navel.
2
No person shall bring to a market a calf which has been brought to a market on more than one occasion in the previous 28 days.
3
No person shall bring a calf to a market unless upon arrival he has furnished the market operator with a written declaration signed by the owner of the calf or his duly authorised agent —
a
stating the name and address of the owner of the calf;
b
giving details of the identification number of the calf;
c
stating that the calf has not been brought to a market before, or, as the case may be, has been brought to a market only once during the previous 28 days; and
d
where the calf has been brought to a market once during the previous 28 days, stating the address of that market and the date on which the calf was brought there.
4
Every declaration furnished to a market operator under paragraph (3) above shall be retained by the market operator for a period of 6 months from the date on which it is furnished to the market operator and the market operator shall, on demand made by an inspector at any reasonable time during that period, produce such declaration and allow a copy of it or an extract from it to be taken.
5
Where a calf has been sold and before its removal from the market, the market operator shall —
a
in the case of a sale by auction, and
b
upon request by the purchaser in the case of a sale by private treaty
supply to the purchaser of the calf details in writing of —
i
the identification number of the calf;
ii
the date of the sale of the calf and the address of the market at which it was sold; and
iii
where the calf has been brought to a market once within the previous 28 days, the address of that market and the date on which the calf was brought there.
6
Every market operator shall —
a
keep a record of the details supplied to a purchaser of a calf for the purposes of paragraph (5) above and of the name and address of that purchaser;
b
retain such record for a period of 6 months from the date on which the details to which the record relates were supplied to the purchaser; and
c
produce such record to an inspector on demand being made by him at any reasonable time during that period and allow a copy of it or an extract from it to be taken.
7
It shall be the duty of the owner of any calf kept in a market on any day, or of his duly authorised agent, to remove it from the market within 4 hours of the time when the last sale by auction of a calf has taken place on that day.
8
In this article —
a
“calf” means a bovine animal under 12 weeks of age; and
b
the reference to an identification number shall be taken as a reference to any mark or other means of identification applied under article 16(1) of the Tuberculosis (England and Wales) Order 1984 or article 16(1) of the Tuberculosis (Scotland) Order 1984 , as appropriate or article 4 of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 .
Additional duties of market authorities
15
It shall be the duty of a market authority to ensure that —
a
all passageways and sale rings in the market and all pens in which animals are kept are —
i
constructed and maintained in a manner which is not likely to cause injury or unnecessary suffering to animals; and
ii
free from any sharp edges or projections with which animals may come into contact;
b
an adequate supply of wholesome water is available for animals;
c
adequate facilities in the form of troughs, buckets, drinking bowls or other drinking devices are available for watering animals; and
d
any covered accommodation in the market in which animals are kept is capable of being adequately ventilated.
Accommodation for unfit animals
16
It shall be the duty of a market operator to ensure that —
a
suitable pens are available in which any unfit animals may be separated from other animals; and
b
any such pen in which an unfit animal is being kept is clearly marked so as to show that it is being used for this purpose and that entry to the pen is prohibited unless under the authority of an inspector.
Detention and treatment of unfit animals
17
1
Where an inspector has reasonable grounds for supposing that any animal in a market is unfit he may move it, or cause it to be moved, to a pen provided in the market for the accommodation of unfit animals or to any other suitable place in the market and require the market operator to detain the animal there pending its examination by a veterinary inspector.
2
Where a veterinary inspector is of the opinion that any animal in a market is unfit, he may treat it, or cause it to be treated, and take, or cause to be taken, any other steps that he considers necessary to protect it from suffering, and he may for any such purpose require the market operator to detain the animal in a pen or at a place mentioned in paragraph (1) above for as long as he considers necessary for the purpose of further treatment or otherwise protecting it from suffering.
3
Where an animal is being detained in pursuance of paragraph (1) or (2) above no person shall move it from its place of detention except with the approval of a veterinary inspector and in accordance with any conditions subject to which the approval is given.
4
No person shall enter a pen in which any unfit animal is being kept unless authorised to do so by an inspector.
5
A market operator shall —
a
render such reasonable assistance to an inspector as he may require for the purpose of facilitating the exercise of his powers under paragraph (1) or (2) above; and
b
give to an inspector such information as he possesses as to the ownership of any animal in respect of which any such power is exercised.
6
The amount of any expenses reasonably incurred by a veterinary inspector in treating, or causing to be treated, an unfit animal in exercise of the power conferred on him by paragraph (2) above shall be recoverable by the appropriate Minister as a civil debt from the owner of the animal in respect of which the power was exercised.
7
In this article —
a
“treatment” includes milking and “treat”, “treated” and “treating” shall be construed accordingly; and
b
“unfit” includes overstocked with milk or likely to give birth.
Marking of animals
18
An inspector may, for the purposes of this Order, mark, or cause to be marked, any animal.
Ramps
19
Where, at any time after the coming into force of this Order, any premises are constructed for use as a market it shall be the duty of the market authority for that market to ensure that facilities are provided in the market for the purpose of loading and unloading cattle, sheep, goats and pigs into and out of vehicles and that those facilities consist of fixed ramps or other facilities which are of a height and design suitable for that purpose; and it shall be the duty of the market authority to ensure that any fixed ramp or other facilities which are so provided are fitted with side railings (or some other means of protection) designed and constructed so as to prevent such animals from falling off them.
Offences
20
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to an animal in pursuance of article 18; or
b
makes a declaration or statement for the purposes of this Order which he knows to be false in a material particular, or, for those purposes, recklessly makes a declaration or statement which is false in a material particular; or
c
contravenes any provision of this Order or any provision of an approval issued under it; or
d
fails to comply with any such provision or with any condition of any such approval; or
e
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
21
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Saving
22
The provisions of this Order are in addition to, and not in substitution for, the provisions of the Markets, Sales and Lairs Order 1925 and nothing contained in this Order shall affect, or be affected by, the provisions of that Order.
Revocation
23
The Poultry (Exposure for Sale) Order of 1937 , the Markets (Protection of Animals) Order 1964 , the Markets (Protection of Animals) (Amendment) Order 1965 , article 5 of the Diseases of Animals (Local Authorities) (Miscellaneous Provisions) Order 1976 and article 21(1) of the Welfare of Poultry (Transport) Order 1988 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
27th December 1990
David Hunt
Secretary of State for Wales
21st December 1990


type: legislation

jurisdiction: UK

text:
Citation, extent, commencement and interpretation
1
1
These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations 1990.
2
Regulations 2, 3 and 6, and this regulation in so far as it applies to those regulations, extend to Northern Ireland.
3
These Regulations, except for regulation 6, shall come into force on 1st January 1991, and regulation 6 shall come into force on 1st April 1991.
4
In these Regulations —
“active member” means —
a member of a registrable scheme by or in respect of whom contributions are payable to the scheme; or
in the case of a registrable scheme which is an occupational pension scheme, a member whose employment in the United Kingdom qualifies him for benefits under the scheme (whether or not contributions are currently payable to the scheme by or in respect of him) other than only benefits payable on his death while in that employment;
“address of the scheme” means the place in the United Kingdom, or if more than one, the principal place, at which the management of the scheme is conducted;
“closed scheme” means a registrable scheme to which no new members may be admitted, but to which contributions are payable by or in respect of, and benefits accrue to, existing members;
“employment in the United Kingdom” means —
the employment of members in the United Kingdom; or
the employment of members elsewhere in circumstances where —
they are liable to make primary Class 1 contributions within the meaning of section 1(2) of the Social Security Act 1975 or section 1(2) of the Social Security (Northern Ireland) Act 1975 (outline of contributory system); or
would be so liable but for the fact that their income falls below the lower earnings limit within the meaning of section 4 of the Social Security Act 1975 or, as the case may be, section 4 of the Social Security (Northern Ireland) Act 1975 (incidence of Class 1 contributions);
“insured scheme” means a registrable scheme the benefits of which are secured by one or more policies of insurance or annuity contracts and which is managed by the insurance company which issued the policy or contract;
“open scheme” means a registrable scheme which has active members and to which new members may be admitted;
“paid up or frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —
no new members may be admitted;
no further contributions are payable by or in respect of existing members; and
no further benefits accrue to existing members although benefits which have already accrued to them may be increased;
“personal pension scheme” includes a self-employed pension arrangement within the meaning of regulation 2D(3) of the Occupational Pension Schemes (Transfer Values) Regulations 1985 or regulation 2D(3) of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1985 ;
“register” means the register of occupational and personal pension schemes compiled and maintained under regulation 3;
“registrable scheme” means an occupational or personal pension scheme —
which either —
is established in the United Kingdom; or
has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee or manager in the United Kingdom;
which either —
is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes); or
is a scheme which is a public service pension scheme; and
is not a scheme which —
has less than 2 active members; or
only provides benefits on the death of a member while in employment;
“registrar” means the registrar of occupational and personal pension schemes appointed under regulation 2;
“scheme administrator” means the person in the United Kingdom having the management of the scheme;
“self-administered scheme” means a registrable scheme which is an occupational pension scheme and which is not an insured scheme;
“ the Act ” means the Social Security Pensions Act 1975; and
“trustees”, in the case of a scheme which is not set up under a trust or which is established outside the United Kingdom, means the person who is treated as the administrator of the scheme for the purposes of Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.
The Registrar of Occupational and Personal Pension Schemes
2
1
There shall be a registrar of occupational and personal pension schemes.
2
The Occupational Pensions Board established by section 66 of the Social Security Act 1973 shall be the registrar.
3
The registrar may appoint an agent to perform any function of the registrar.
The register
3
1
The registrar shall compile and maintain a register of every registrable scheme.
2
The register shall contain the following information in so far as it is applicable to the scheme —
a
the name and address of the scheme;
b
the names of the trustees of the scheme;
c
the name of the scheme administrator;
d
whether the scheme is an open, closed or paid-up or frozen scheme;
e
the name (and, if there has been a change of name, the previous name) and address of every employer of earners in employment to which the scheme relates or has at any time since 6th April 1975 related;
f
the number of active members;
g
whether the scheme is self-administered or insured and, if the latter, the name and address of the insurance company with which the benefits are secured;
h
the year in which the scheme commenced; and
i
any reference number assigned to the scheme by the Inland Revenue.
Information required in respect of a registrable scheme
4
1
Subject to paragraph (3), it is the duty of the trustees of a registrable scheme to provide the registrar with the information specified in regulation 3(2) and, upon written notice from the registrar to the trustees, with such other information incidental to that so specified as the registrar may reasonably require for the purposes of the register.
2
Information required for the registration of a registrable scheme shall be provided to the registrar —
a
in the case of a scheme which is established before 1st May 1991, not later than 31st July 1991; and
b
in any other case, within 3 months of the date on which the scheme commenced.
3
If it is not practicable for the trustees to supply all of the information required by paragraph (l) above by the dates specified in paragraph (2)above, the trustees shall supply —
a
as much of that information as it is practicable to supply, within the time allowed by paragraph (2); and
b
the remainder of that information, as soon thereafter as it is practicable to do so.
4
Where the registrar has received all, or a part of, the information required by paragraph (l) and the corresponding Northern Ireland legislation above from the trustees of a registrable scheme, the registrar shall make an entry relating to that scheme in the register.
Notification of changes
5
The trustees of a registrable scheme shall be under a duty to notify the registrar of any change in the information provided to the registrar under regulation 4(1) above (except a change in the number of active members of the scheme) within 6 months of the occurrence of that change.
Inspection of the Register
6
1
The registrar shall, on receipt of a written request containing sufficient information to enable the registrar to identify the scheme in question, supply a copy of an extract from the register relating to a registrable scheme to —
a
any person who is, or may be, or may become entitled to benefit under the scheme or any person or body acting on behalf of such a person;
b
the Pensions Ombudsman appointed under section 59B of the Act .
2
The trustees of a registrable scheme shall be entitled, on the first written request by them in any period of 12 months, to a copy of an extract from the register relating to that scheme.
3
A person or body may inspect the register and make copies of it or of extracts from it, if the registrar is satisfied that the person or body is bona fide engaged in research connected with occupational or personal pension schemes and that such inspection or copying will not unduly interfere with the performance of the functions of the registry.
4
There shall be payable in connection with any inspection or copying of the register under paragraph (3) above a fee to defray the cost of making provision for that inspection or copying and any facilities or services provided in connection with it.
Offences and penalties
7
1
Any person who —
a
has a duty under regulation 4 or 5 of these Regulations to provide information to the registrar; and
b
without reasonable cause fails to provide that information in accordance with the provisions of these Regulations;
is guilty of an offence.
2
For an offence under this regulation a person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
15th November 1990


text:
1
These Rules may be cited as the Patent Agents (Non-recognition of Certain Agents by Comptroller) Rules 1990 and shall come into force on 13th August 1990.
2
In these Rules —
“ the Act ” means the Copyright, Designs and Patents Act 1988;
“the Comptroller” means the Comptroller-General of Patents, Designs and Trade Marks;
“the register” means the register of patent agents required to be kept pursuant to rules made under section 275 of the Act ..
3
The Comptroller is hereby authorised to refuse to recognise as agent in respect of any business under the Patents Act 1949 , the Registered Designs Act 1949 or the Patents Act 1977 —
a
a person who has been convicted of an offence under section 88 of the Patents Act 1949, section 114 of the Patents Act 1977 or section 276 of the Act;
b
an individual whose name has been erased from and not restored to the register on the ground of misconduct;
c
a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of an individual registered in the register, render him liable to have his name erased from the register on the ground of misconduct;
d
a partnership or body corporate of which one of the partners or directors is a person whom the Comptroller could refuse to recognise under paragraph (a), (b) or (c) above.
Douglas Hogg
Minister of State,
Department of Trade and Industry
18th July 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Somerset 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 East Somerset 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 East Somerset 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 Yeovil District Hospital, Higher Kingston, Yeovil BA21 4AT and associated hospitals;
b
to manage community health services provided from the Yeovil District Hospital, Higher Kingston, Yeovil BA21 4AT and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Somerset 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 Somerset 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 Somerset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990 and shall come into force on 15th April 1990.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map 1” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990 Map 1” and deposited in accordance with regulaiton 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990 Map 2” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 3” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990 Map 3” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 4” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990 Map 4” and deposited in accordance with regulaiton 3 of the 1977 Regulations;
“boundary map 4a” means the map prepared by the Scottish Office marked “The Renfrew and City of Glasgow Districts (Atholl Crescent, Southwold Road, Rosshall, Bullwood and Hurlet) Boundaries Amendment Order 1990 Map 4a” and deposited in accordance with regulation 3 of the 1977 Regulations;
“substantive change” has the meaning assigned to it by section 13(d) of the Local Government (Scotland) Act 1973 ;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Those parts of the City of Glasgow District, being the areas described in Part I of the Schedule to this Order, namely:–
a
the areas A, C and D which areas are shown delineated, hatched and marked “Area A”, “Area C” and “Area D” respectively on Boundary Map 1;
b
the areas E, G, H and K which areas are shown delineated, hatched and marked “Area E”, “Area G”, “Area H” and “Area K” respectively on Boundary Map 2; and
c
the area M which is shown delineated, hatched and marked “Area M” on Boundary Map 3;
shall all be transferred to Renfrew District.
2
Those parts of Renfrew District, being the areas described in Part II of the Schedule to this Order, namely–
a
the area B which area is shown delineated, hatched and marked “Area B” on Boundary Map 1;
b
the areas F and J which areas are delineated, hatched and marked “Area F” and “Area J” respectively on Boundary Map 2; and
c
the areas L and N which areas are delineated, hatched and marked “Area L” and “Area N” respectively on Boundary Map 3;
shall all be transferred to the City of Glasgow District.
3
Those parts of the City of Glasgow District, being the areas O and Q described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area O” on boundary map 4 and “Area Q” on boundary map 4a respectively, shall be transferred to Renfrew District.
4
Part of Renfrew District, being the area P described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area P” on boundary map 4a, shall be transferred to the City of Glasgow District.
5
Part of the City of Glasgow District, being the area S described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area S” on boundary map 4a, shall be transferred to Renfrew District.
Consequential changes of electoral arrangements
5
1
Each of the areas A, C, D, E, G, H, K and M described in Part I of the Schedule to this Order (being the areas transferred by article 4(1)(a) to (c) of this Order)–
a
shall cease to form part of electoral division 29 (Penilee/Cardonald) of Strathclyde Region and of ward 41 (Penilee) of the City of Glasgow District ; and
b
shall form part of electoral division 78 (Paisley Abercorn) of Strathclyde Region and of ward 20 (Ralston) of Renfrew District .
2
Each of the areas B, F, J, L and N described in Part II of the Schedule to this Order (being the areas transferred by article 4(2)(a) to (c) of this Order)–
a
shall cease to form part of electoral division 78 (Paisley Abercorn) of Strathclyde Region and of ward 20 (Ralston) of Renfrew District; and
b
shall form part of electoral division 29 (Penilee/Cardonald) of Strathclyde Region and of ward 41 (Penilee) of the City of Glasgow District.
3
Each of the areas O and Q described in Part I of the Schedule to this Order (being the areas transferr ed by article 4(3) of this Order)–
a
shall cease to form part of electoral division 31 (Crookston/Cowglen) of Strathclyde Region and of ward 46 (Cowglen) of the City of Glasgow District; and
b
shall form part of electoral division 77 (Paisley Central) of Strathclyde Region and of ward 13 (Hawkhead) of Renfrew District.
4
Area P described in Part II of the Schedule to this Order (being the area transferred by article 4(4) of this Order)–
a
shall cease to form part of electoral division 77 (Paisley Central) of Strathclyde Region and of ward 13 (Hawkhead) of Renfrew District; and
b
shall form part of electoral division 31 (Crookston/Cowglen) of Strathclyde Region and of ward 46 (Cowglen) of the City of Glasgow District.
5
Area S described in Part I of the Schedule to this Order (being the area transferred by article 4(5) of this Order)–
a
shall cease to form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 47 (South Nitshill) of the City of Glasgow District; and
b
shall form part of electoral division 77 (Paisley Central) of Strathclyde Region and of ward 13 (Hawkhead) of Renfrew District.
Substantive change of electoral arrangements
6
Area R shown delineated, cross-hatched and marked “Area R” on Boundary Map 4a and described in Part III of the Schedule to this Order–
a
shall cease to form part of electoral division 32 (South Nitshill/Arden) of Strathclyde Region and of ward 47 (South Nitshill) of the City of Glasgow District; and
b
shall form part of electoral division 31 (Crookston/Cowglen) of Strathclyde Region and of ward 46 (Cowglen) of the City of Glasgow District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
11th March 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (United Cable Television (London South) Plc) (Merton & Sutton) Order 1990 and shall come into force on 28th March 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
27th February 1990


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1990 and shall come into force on 21st August 1990.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations a reference to the principal Regulations is a reference to the Education (Assisted Places)Regulations 1989 .
2
1
In paragraph (1) of regulation 2 of the principal Regulations after the definition of “first assisted year” there shall be inserted the following definition —
“grant-maintained school” means a grant-maintained school within the meaning of the Education Reform Act 1988 ;
.
2
In paragraph (2) of regulation 19 of the principal Regulations after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
a grant-maintained school,
.
3
In paragraph 3 of Schedule 1 to the principal Regulations (computation of income) —
a
at the end of sub-paragraph (k) the word “or” shall be deleted;
b
at the end of sub-paragraph (1) the word “or” shall be inserted;
c
after sub-paragraph (1) there shall be inserted the following sub-paragraph —
m
in pursuance of section 54 of the Finance Act 1989 (relief for medical insurance),
.
4
In paragraph 1 of Schedule 2 to the principal Regulations (scales of remission) for the sum “£7,584” there shall be substituted the sum “£8,200” and for the Table in paragraph 2 of that Schedule there shall be substituted the following Table —
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils
That part which exceeds £8,034 but does not exceed£8,735 9% 6.75% 5.25% That part (if any) which exceeds £8,735 but does not exceed £9,449 12% 9% 7% That part (if any) which exceeds £9,449 but does not exceed £10,865 15% 11.25% 8.75% That part (if any) which exceeds £10,865 but does not exceed £13,043 21% 15.75% 12.25% That part (if any) which exceeds £13,043 but does not exceed £15,885 24% 18% 14% That part (if any) which exceeds £15,885 33% 24.75% 19.25%
John MacGregor
Secretary of State for Education and Science
26th July 1990
David Hunt
Secretary of State for Wales
26th July 1990


text:
Citation and commencement
1
1
This Order may be cited as the Gloucester Harbour Revision Order (Amendment) Order 1990 and shall come into force on 11th May 1990.
2
The Gloucester Harbour Orders 1889 to 1988 and this Order may be cited together as the Gloucester Harbour Orders 1889 to 1990 and shall be construed and read together as one enactment except so far as may be inconsistent with or repugnant to the purposes thereof.
2
The Gloucester Harbour Revision Order 1988 shall be amended by inserting, in article 4(1), “1st July 1990 and then not later than” before “1st June”.
Signed by authority ofthe Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
10th May 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway, being a date not later than the date on which the relevant route is opened for the purpose of through traffic.
4
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk road is open for through traffic.
5
In this Order: —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the deposited plan” means the plan numbered HA10/1/282 marked “The A590 Greenodd to Barrow-in-Furness Trunk Road (Improvement at Melton Terrace) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SWlP 3PY;
iii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iv
“the trunk road” means the Greenodd to Barrow-in-Furness Trunk Road (A590).
6
This Order shall come into force on 3rd August 1990 and may be cited as the A590 Greenodd to Barrow-in-Furness Trunk Road (Improvement at Melton Terrace) Order 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
2nd July 1990


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the place stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of the main new trunk road and of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered AJ.1.2 marked “The London-Folkestone-Dover Trunk Road A20 (Dawkinge Wood to Court Wood Section and Slip Roads) Order 1990, signed by authority of the Secretary of State, and deposited at the Department of Transport, Romney House, 43 Marsham Stret, London, SW1P 3PY”;
2
ii
“the trunk road” means the London-Folkestone-Dover Trunk Road (A20).
4
This Order shall come into force on 22nd September 1990 and may be cited as the London-Folkestone-Dover Trunk Road A20 (Dawkinge Wood to Court Wood Section and Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
D Gruffydd Jones
Regional Director South East Regional Office
Department of Transport
5th February 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 6) Regulations 1990 and shall come into force for the purposes of regulation 2 on 1st January 1991 and for all other purposes on 1st April 1991.
2
Regulations 3(c) and 5(b) of the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990 are hereby revoked.
3
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended–
a
in regulation 3(1) (interpretation), in the definition of “licence”, by the insertion after the word “Act” of the words “other than a large goods vehicle or passenger-carrying vehicle driver’s licence as defined in section 110(2) of the Road Traffic Act 1988”; and
b
in regulation 9 (conditions attached to provisional licences), in paragraph (2)(a), by the omission of the words “or a test of competence to drive heavy goods vehicles under Part IV of the 1972 Act”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
29th November 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children’s Homes (Control and Discipline) Regulations 1990 and shall come into force on 19th February 1990.
2
In these Regulations, unless the context otherwise requires —
“the 1980 Act ” means the Child Care Act 1980;
“home” means a community home (whether a community home maintained by a local authority, or a controlled community home or an assisted community home) or a voluntary home and —
“controlled community home” means a community home designated as a controlled community home in accordance with section 31(4) of the 1980 Act ;
“assisted community home” means a community home designated as an assisted community home in accordance with section 31(5) of the 1980 Act;
“voluntary home” has the meaning given by section 56 of the 1980 Act but does not include a voluntary home which is a controlled community home or an assisted community home;
“responsible body” means —
in relation to a controlled community home, and a community home maintained by a local authority, the local authority responsible for its management;
in relation to an assisted community home, the voluntary organisation responsible for its management;
in relation to a voluntary home, the persons carrying on the home.
Control and discipline
2
1
The responsible body shall ensure that control of the home is maintained in accordance with sound management, good professional practice and on the basis of good personal relationships with the children in the home and, except as otherwise so directed by the Secretary of State under section 53 of the Children and Young Persons Act 1933 (punishment of certain grave crimes), with the use only of such sanctions, not being sanctions prohibited by paragraph (2) of this regulation, as are approved in writing by the responsible body.
2
The following sanctions may not be used on a child in a home —
a
any form of corporal punishment;
b
any deprivation of food or drink;
c
any restriction or refusal of any facility for a child to receive visits and communications from and to communicate by telephone or post with:
i
his parent or guardian,
ii
his relatives,
iii
any person visiting a voluntary home in accordance with regulation 2 of the Administration of Children’s Homes Regulations 1951 (visits by administering authority),
iv
any person visiting a community home in accordance with regulation 3(2) of the Community Homes Regulations 1972 ,
v
any visitor appointed for the child in pursuance of section 11 of the 1980 Act,
vi
any social worker for the time being assigned to the child by the local authority or voluntary organisation in whose care he is, or who are looking after him, if his identity is known to the person in charge of the home, or
vii
any solicitor for the time being acting for the child, or whom the child wishes to instruct;
d
any restriction or refusal of any facility for a child to make visits to his parents or guardian, or his relatives;
e
requiring a child to wear distinctive or inappropriate clothes;
f
the use, or withholding, of medication or medical or dental treatment.
Amendment of the Administration of Children’s Homes Regulations 1951 and the Community Homes Regulations 1972
3
1
The Administration of Children’s Homes Regulations 1951 shall be amended as follows —
a
regulation 11 is hereby revoked;
b
in regulation 16 the words “nor the provisions of Regulation 11” shall be omitted;
c
for paragraph 7 of the Schedule there shall be substituted the following paragraph —
7
A record containing full particulars of the use made of any of the sanctions approved in accordance with regulation 2(1) of the Children’s Homes (Control and Discipline) Regulations 1990, including the individual circumstances in which such a sanction is used.
.
2
After regulation 9 of the Community Homes Regulations 1972 there shall be inserted the following regulation —
Record of Sanctions
9A
Full particulars of the use made of any of the sanctions approved in accordance with regulation 2(1) of the Children’s Homes (Control and Discipline) Regulations 1990 including the individual circumstances in which such a sanction is used shall be recorded in permanent form by the person in charge of the home and signed by that person and witnessed by another and the record shall be kept in the home.
.
3
Regulation 10 of the Community Homes Regulations 1972 is hereby revoked.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
19th January 1990


text:
1
This Order may be cited as the Broadcasting (Transfer Date and Nominated Company) Order 1990 and shall come into force on 1st January 1991.
2
1st January 1991 is hereby appointed as the transfer date for the purposes of section 127(1) of the Broadcasting Act 1990.
3
National Transcommunications Limited, being a company formed and registered under the Companies Act 1985 , is hereby nominated for the purposes of section 127(1) of the Broadcasting Act 1990.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
13th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1990 and shall come into force on 12th September 1990.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order, and the reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop etc , as is mentioned in any entry in column 1 of the Schedule–
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount which, for the period of 12 months beginning with 12th September 1990, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th August 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Ian Grist
Parliamentary Under Secretary of State for Wales
16th August 1990


text:
Citation and commencement
1
This Order may be cited as the Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1990 and shall come into force on 10th September 1990.
Interpretation
2
In this Order —
“apparatus” means telecommunication apparatus or apparatus designed or adapted for use in connection with telecommunication apparatus or a telecommunication system
“telecommunication apparatus” and “telecommunication system” have the same meaning as in the Act.
“application fee” means the fee payable at the time the application is made by the person applying for an approval under section 22 of the Act in respect of the activities necessary for the exercise of the approval function and the determination of that application.
“Schedule” means the Schedule to this Order.
Application
3
This Order applies to the charging of fees in respect of the exercise of the Secretary of State’s functions under section 22 of the Act for the purpose of the determination of an application under that section for approval of apparatus for connection to the telecommunication systems specified in such approval and for the continuation of such approval.
Approval Fees
4
1
The fee to be charged in respect of the approval of each category of apparatus listed in Column 1 (Parts A and B) of the Schedule shall be the application fee specified in Column 2 of the Schedule in relation to that category of apparatus.
2
The fee to be charged in respect of continuation of the approval of each category of apparatus listed in Column 1 (Parts C and D) of the Schedule shall be the annual fee specified in Column 2 of the Schedule in relation to that category of apparatus.
3
The Schedule shall be interpreted in accordance with the Notes thereto.
Douglas Hogg
Minister for Industry and Enterprise,
Department of Trade and Industry
13th August 1990


text:
1
1
This Order may be cited as the Food Safety Act 1990 (Commencement No. 1) Order 1990.
2
In this Order, references to sections and Schedules are references to sections and Schedules of the Food Safety Act 1990.
2
The following provisions shall come into force on 3rd July 1990:
a
for the purposes of section 13 (emergency control orders) sections 1 to 3, 4(2), 5, 6, 7(3), 20, 21(1), (5) and (6), 22, 29, 32 to 36, 41, 42, 44, 46, 48(1) to (3), 49(1) and (3) to (5), 50, 53(1) to (4), 57 and 58(1); and
b
for the purposes of section 51 (amendment to the Food and Environment Protection Act 1985 ) sections 1(1) and (2) and 53(1), paragraphs 29 and 30 of Schedule 3 and, so far as relating to those paragraphs, section 59(1).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th June 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
KennethClarke
Secretary of State for Health
1st July 1990
David Hunt
Secretary of State for Wales
2nd July 1990
Sanderson of Bowden
Minister of State, Scottish Office
2nd July 1990


text:
Citation, commencement and application
1
These Regulations may be cited as the Relevant Population (England) Regulations 1990 and shall come into force on 24th January 1990. They apply to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“boundary changes order” means an order under section 51(2) of the Local Government Act 1972 ;
“charging authority” means an English charging authority;
“register” means community charges register;
“the Distribution Report” means the Revenue Support Grant Distribution Report (England) made by the Secretary of State for the Environment on 20th December 1989 under section 80 of the Act;
“the Population Report” means the Population Report (England) made by the Secretary of State for the Environment on 20th December 1989 under paragraph 2 of Schedule 12A to the Act;
“the relevant day” means the day on which the calculation referred to in regulation 3(1) of these Regulations is made;
“the relevant part” means the part of the authority’s area of which the relevant population is being calculated;
“the year” means the chargeable financial year for which a precept is to be issued under section 68 of the Act;
“the preceding year” means the financial year immediately preceding the year.
2
References in these Regulations to any provision of the Distribution Report or the Population Report (“the first reports”) shall be treated as including references to any equivalent provision of any subsequent report made by the Secretary of State under section 80 or paragraph 2 of Schedule 12A to the Act and approved by the House of Commons under section 81 of or paragraph 3 of Schedule 12A to the Act; and references in these Regulations to anything done or used for the purposes of the first reports shall be construed accordingly.
Relevant population of charging authorities' areas
3
1
Where the relevant population of part of a charging authority’s area for a chargeable financial year needs to be found for the purposes of section 69 of the Act , the authority shall calculate the relevant population of that part by applying the appropriate formula found in accordance with the Schedule to these Regulations.
2
Where the result of a calculation pursuant to paragraph (1) includes a fraction of less than 0.5 the result shall be rounded downwards to the nearest whole number; and if it includes a fraction of 0.5 or more, rounded upwards to the nearest whole number.
Chris Patten
Secretary of State for the Environment
22nd January 1990


text:
1
These Regulations may be cited as the Companies (Unregistered Companies) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
The Companies (Unregistered Companies) Regulations 1985 are hereby amended as follows:
a
in regulation 6(h), sub-paragraph (iv) shall be omitted, and there shall be inserted after regulation 6(h) the following paragraph:
hh
Schedule 5 to the Act shall have effect as if paragraphs 10 and 29 were omitted.
;
b
in regulation 6(i), for the words from “paragraph 13(3)” to “were” there shall be substituted the words “paragraph 13(4) was” ;
c
in the entry in the Schedule relating to Part VII:
i
after the words “Part VII” and before the word “with” there shall be substituted the words “(except sections 252 and 253),”; and
ii
in column 1, for “paragraphs 2, 7 and 8” there shall be substituted “paragraphs 2 to 2B, 7 and 8” and for “Schedule 10” there shall be substituted “Schedules 10 and 10A” ; and
d
in the entry in the Schedule relating to Part XI:
i
in column 1, for “sections 384 to 393” there shall be substituted “sections 384 to 394A (except sections 385A, 386 and 393)” ; and
ii
in column 2, the word “qualifications” shall be omitted .
John Redwood
Parliamentary Under-Secretary of State
Department of Trade and Industry
5th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Middlesex Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Central Middlesex Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Central Middlesex Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Central Middlesex Hospital, Acton Lane, Park Royal, London NW10 7NS and manage services at associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from 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 Parkside 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 Parkside 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 Parkside Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989 .
Amendment of the principal Regulations
2
1
For regulation 16(3)(d) of the principal Regulations there is substituted —
d
if on the day the notice is issued a determination as to a community charge benefit to which he is entitled is in effect, and by virtue of regulations made under section 31A(1) of the Social Security Act 1986 the benefit allowed as regards that day under the determination takes the form of a reduction in the amount the person is liable to pay in respect of the charge as it has effect for the relevant year, that as regards every day after that day he will be allowed the same reduction in that amount.
.
2
Paragraphs (e) and (f) of paragraph 7(1) of Schedule 1 to the principal Regulations are amended —
a
by substituting for the words “on any day” in those paragraphs the words “as regards any day”; and
b
by inserting after the words “community charge concerned” in those paragraphs the words “(as it has effect for the relevant year)”.
3
Paragraph 7(1)(g) of that Schedule is omitted.
4
In paragraph 7(7) of that Schedule, the words “or the day on which the liability to be met in the manner mentioned in sub-paragraph (1)(g) first so falls to be met” are omitted.
5
For regulation 48(12) of the principal Regulations there is substituted —
12
Where a liability order is made against a chargeable person in respect of an amount, and also against a spouse or manager of his (whether at the same time as the order against the chargeable person or subsequently and whether in respect of all or part of that amount), the order or orders so made shall not include under regulation 29(6)(b) or (7) any sum in respect of costs other than a sum in respect of the costs of obtaining the order against the chargeable person; but —
a
the spouse or manager shall be treated as jointly and severally liable (with the chargeable person) for the sum in respect of costs so included, and
b
the order made in respect of the spouse or manager shall (as regards regulation 29(6)(b) or (7)) be made in respect of that sum insofar as it is then outstanding.
.
6
After regulation 61 of the principal Regulations there is inserted —
Outstanding liabilities on death: further provision
61A
Any sum which, but for the death of a person, would be recoverable from him under section 16(7) or 17(8) of the Act may be recovered under those provisions in the administration of his estate from his executor or administrator; and the executor or administrator may deduct out of the assets and effects of the deceased any payments made (or to be made).
.
Co-owners
3
1
For regulation 4(12) of the Community Charges (Co-owners) Regulations 1990 there are substituted the following paragraphs —
12
Where a liability order is made against a co-owner in respect of an amount (in paragraph (12A) referred to as “the relevant amount”), and also against another co-owner or a spouse or manager of a co-owner (whether at the same time as the order against the first-mentioned co-owner or subsequently and whether in respect of all or part of that amount), the order or orders so made shall not include under regulation 29(6)(b) or (7) of the principal Regulations any sum in respect of costs other than a sum in respect of the costs of obtaining the order against the relevant co-owner; but —
a
the relevant co-owner and the others against whom the order or orders are made shall be treated as jointly and severally liable for the sum in respect of costs so included, and
b
the order or orders made against those others shall (as regards regulation 29(6)(b) or (7) of the principal Regulations) be made in respect of that sum insofar as it is then outstanding.
12A
For the purposes of paragraph (12) the relevant co-owner is the co-owner against whom an order in respect of the relevant amount was first made, or if there are more than one such, such one of them as the court considers appropriate.
.
2
In regulation 4(13) of those Regulations, for the word “had” there is substituted the word “has”.
Signed by authority of the Secretary of State for the Environment
David Hunt
Minister for Local Government and Inner Cities,
Department of the Environment
22nd March 1990
Peter Walker
Secretary of State for Wales
22nd March 1990


text:
1
This Order may be cited as the Copyright (Certification of Lice nsing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) Order 1990.
2
The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of the Act (recording by educational establishments of broadcasts or cable programmes).
3
The certification under article 2 above shall, for the purposes of section 35 of the Act, come into operation on 30th May 1990.
Douglas Hogg
Minister for Industry and Enterprise,
Department of Trade and Industry
5th April 1990


text:
1
1
These Rules may be cited as the Patents (Fees) (No. 2) Rules 1990 and shall come into force on 7th January 1991.
2
The Patents (Fees) Rules 1990 are hereby revoked.
2
These Rules shall be construed as one with the Patent Rules 1990 and, to the extent that they continue to apply in relation to existing patents and existing applications, to the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1949 or the Patents Act 1977 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1968 or the Patents Rules 1990 to be used, that form shall be accompanied by the fee specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
Hesketh
Minister of State,
Department of Trade and Industry
5th December 1990
We consent to the making of these rules.
John Major
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1990


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Schools Designation) (No. 2) Order 1990 and shall come into force on 1st April 1990.
2
St Francis Xavier Sixth Form College, Malwood Road, London, SW12 8EN and Woolverstone Hall, Woolverstone, Suffolk, 1P9 1AZ (being schools maintained by the Inner London Education Authority) are hereby designated in relation to the London Borough of Wandsworth and Suffolk County Council respectively.
John MacGregor
Secretary of State for Education and Science
7th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Dorset Community Health 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 West Dorset Community Health 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 West Dorset Community Health 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 Blandford Hospital, Milldown Road, Blandford Forum, Dorset DT11 7DD and associated hospitals;
b
to manage community health services from Herrison House, Herrison Hospital, Dorchester Dorset DT2 9RL and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 West Dorset Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The West Dorset Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Dorset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1990 and shall come into force on 30th April 1990.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the coordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
10th April 1990


text:
1
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Rate of Discount) Regulations 1990.
2
These Regulations shall come into force on 1st April 1990.
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 1990 for the purposes of section 49 of the Local Government and Housing Act 1989 shall be 11 per cent.
Chris Patten
Secretary of State for the Environment
19th February 1990
Peter Walker
Secretary of State for Wales
20th February 1990


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (Rivers Irvine and Garnock Salmon Fishery District) Order 1990 and shall come into force on 1st October 1990.
Period within the annual close time for salmon fishing by rod and line
2
For the part of the Rivers Irvine and Garnock salmon fishery district specified in the Schedule to this Order, the period within the annual close time (the dates of which are by virtue of the provisions referred to in section 6(2)(b) of the Salmon Act 1986, 10th September to 24th February) when it is permitted to fish for and take salmon by rod and line is prescribed as the period from 10th September to 15th November, both dates inclusive.
T J Kelly
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland,
Pentland House,
Edinburgh
10th September 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fisheries Districts (Constitution of Committees) (Variation) Order 1990 and shall come into force on 30th May 1990.
2
In this Order —
“the first principal Order ” means the Order made by the Board of Trade on 31 March 1892 (which created the Devon Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district);
“the second principal Order ” means the Order made by the Board of Trade on 5 May 1890 (which created the Kent and Essex Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district);
“the third principal Order ” means the North Eastern Sea Fisheries District Order 1986 ;
“the fourth principal Order ” means the North Western and North Wales Sea Fisheries District Order 1986 ;
“the fifth principal Order ” means the Southern Sea Fisheries District Order 1989 .
Variation of the principal Orders
2
The principal Orders shall be varied as follows: —
a
In article 2 of the first principal Order for the word “Eight” there shall be substituted the word “Nine” and the word “each” shall be deleted.
b
In article 2 of the second principal Order for the word “Seven” there shall be substituted the word “Nine” and the word “each” shall be deleted.
c
In article 3(2) of the third principal Order for the word “Fifteen” there shall be substituted the word “Seventeen” and the word “each” shall be deleted.
d
In article 3(2) of the fourth principal Order for the words “North West Water Authority, one person by the” shall be deleted and for the word “sixteen” there shall be substituted the word “seventeen”.
e
In article 3(2) of the fifth principal Order for the word “Eight” there shall be substituted the word “Nine” and the word “each” shall be deleted.
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
18th May 1990.
David Hunt
Secretary of State for Wales
29th May 1990


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1990 and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1991. Northern Ireland Office
P.L. Brooke
One of Her Majesty’s Principal Secretaries of State, Northern Ireland Office
15th July 1990


text:
1
This Order may be cited as the Mersey Channel (Collision Rules) (Amendment) Order 1990 and shall come into force on 16th March 1990.
2
In the Schedule to the Mersey Channel (Collision Rules) Order 1978 Rule 1 is replaced by the following:
1
In these Rules, except where the context otherwise requires–
“ Collision Regulations ” means the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989 made under section 21 of the Merchant Shipping Act 1979 and, in relation to seaplanes, the Collision Regulations (Seaplanes) Order 1989 made under section 418(1) of the Merchant Shipping Act 1894 as extended by section 97(1) of the Civil Aviation Act 1982
and the several words and expressions to which meanings are assigned by the Collision Regulations shall have the same meanings as in those Regulations.
.
3
The Mersey Channel (Collision Rules) (Amendment) Order 1983 is hereby revoked.
G. I. De Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1990 and shall come into force on 6th April 1990.
2
In these Regulations, “the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 .
Amendment of regulation 1
2
1
Regulation 1 of the Adjudication Regulations (citation, commencement and interpretation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) after the definition “inquiry” there shall be inserted the following definition —
“local office” means an office of the Department of Social Security, an office of the Department of Employment or the office of the Chief Adjudication Officer;
.
3
In paragraph (3)(b) after the words “be treated as having been” there shall be inserted the words “given or”.
Amendment of regulation 3
3
1
Regulation 3 of the Adjudication Regulations (manner of making applications, appeals or references; and time limits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (5) after the words “on which it is made or given” there shall be added the words “and, in the case of an appeal, it shall include sufficient particulars of the decision under appeal to enable that decision to be identified.”.
3
After paragraph (6) there shall be added the following paragraph —
7
A chairman of an appeal tribunal or a medical appeal tribunal may give directions for the disposal of any purported appeal where he is satisfied that the tribunal does not have jurisdiction to entertain the appeal.
.
Amendment of regulation 6
4
In paragraph (2)(a)(i) of regulation 6 of the Adjudication Regulations (withdrawal of applications, appeals and references) for the words “the adjudication officer” there shall be substituted “an adjudication officer”.
Omission of regulation 8
5
Regulation 8 of the Adjudication Regulations (medical references) shall be omitted.
Amendment of regulation 21
6
1
Regulation 21 of the Adjudication Regulations (procedure on claim or question involving questions for determination by the Secretary of State) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (2) shall be omitted.
3
For paragraphs (3) and (4) there shall be substituted the following paragraphs —
3
Where —
a
the claimant replies to the notice referred to in paragraph (1) expressing his dissatisfaction with the decision, and
b
after any appropriate investigations and explanations have been made, the claimant nonetheless remains dissatisfied with the decision, and
c
an adjudication officer certifies that the sole ground for dissatisfaction appears to be the assumption referred to in paragraph (1),
the claimant shall be notified in writing of his right to apply for the determination by the Secretary of State of the question arising on the assumption.
4
Where the Secretary of State’s decision —
a
upholds the assumption, section 100(3) of the 1975 Act shall apply as if the adjudication officer had given the certificate therein referred to;
b
does not uphold the assumption, the Secretary of State’s decision may be treated by the adjudication officer as an application for the review of the adjudication officer’s decision, and for the purpose of the regulation 65, the date of the claimant application for the Secretary of State’s decision shall be treated as the date the application for review.
.
Amendment of regulation 24
7
1
Regulation 24 of the Adjudication Regulations (oral hearing of appeals and references) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (l) after the words “An appeal tribunal shall” there shall be inserted the words “except where section 104(3B)(a) of the 1975 Act applies”.
3
Paragraphs (4) and (5) shall be omitted.
Omission of regulation 35
8
Regulation 35 of the Adjudication Regulations (reference by a medical appeal tribunal of a question of law for decision by a Commissioner) shall be omitted.
Amendment of regulation 36
9
1
Regulation 36 of the Adjudication Regulations (procedure of a medical appeal tribunal on receipt of a Commissioner’s decision) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (l) the words “or reference” shall be omitted.
3
Paragraph (3) shall be omitted.
4
In paragraph (4) for the words “unless the medical appeal tribunal consists of” to the end there shall be substituted the words —
subject to any direction of the Commissioner, be by way of a complete rehearing of the appeal by persons who were not members of the tribunal which gave the erroneous decision
.
Amendment of regulation 38
10
1
Regulation 38 of the Adjudication Regulations (application for reviews of determinations made by the Board) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (l) after the words “a determination on any ground is” there shall be inserted the words“, subject to paragraph (lA),”.
3
After paragraph (l) there shall be inserted the following paragraph —
lA
Where a claimant submits an application for review under paragraph (l) by post, and the arrival of the application at a local office is delayed by postal disruption caused by industrial action, whether within the postal service or elsewhere, the application shall be treated as received on the day on which it would have been received if it had been delivered in the ordinary course of post.
.
Amendment of Schedule 2
11
1
Schedule 2 to the Adjudication Regulations (time. limits for making applications, appeals or references) shall be amended in accordance with the following provisions of this regulation.
2
In Column 3 of paragraph 3 (specified time) for the words “medical board” there shall be substituted the words “adjudicating medical practitioner”.
3
In Column 2 of paragraphs 7 and 8 (appropriate office) the words “Health and” shall be omitted in both places where they occur.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
14th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1990 and shall come into force on 19th March 1990.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
2
The Secretary of State is satisfied that–
a
it is requisite that the provisions of regulation 5 shall apply as from 19th March 1990 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 3 (interpretation)
3
1
In the Table in regulation 3(2), the following entries shall be inserted in the appropriate places in alphabetical order–
car transporter a trailer which is constructed and normally used for the purpose of carrying at least two other wheeled vehicles.
engineering equipment engineering plant and any other plant or equipment designed and constructed for the purpose of engineering operations.
low loader a semi-trailer which is constructed and nor mally used for the carriage of engineering equipment so constructed that the major part of the load platform does not extend over or between the wheels and the upper surface of which is below the height of the top most point of the tyres of those wheels, measured on level ground and when–
a
any adjustable suspension is at the normal travelling height,
b
all pneumatic tyres are suitably infl ated for use when the vehicle is fully laden, and
c
the semi-trailer is unladen,
(see also the definition of stepframe low loader).
stepframe low loader a semi-trailer (not being a low loader) which is constructed and normally used for the carriage of engineering equipment and is so constructed that the upper surface of the major part of the load platform is at a height of less than 1m above the ground when measured on level ground and when–
a
any adjustable suspension is at the normal travelling height,
b
all pneumatic tyres are suitably inflated for use when the vehicle is fully laden, and
c
the semi-trailer is unladen.
2
In that Table, in paragraph (ii) in the definition of “overall length” for “regulation 7” there shall be substituted “regulations 7 and 13A”.
Amendments to regulation 7 (length of vehicle and combinations of vehicles)
4
1
Regulation 7 shall be amended as follows.
2
In the Table in paragraph (1)–
a
in column 2 of item 3, after the words “An articulated vehicle” there shall be inserted the words “the semi-trailer of which does not meet the requirements of paragraph (6) and is not a low loader.”;
b
after item 3 there shall be inserted the following items–
3A
An articulated vehicle, the semi-trailer of which meets the requirements of paragraph (6) and is not a low loader.
16.5
3B
An articulated vehicle, the semi-trailer of which is a low loader.
18
c
in column 2 of item 7, there shall be inserted after the words “after 1st of May 1983” the words “which does not meet the requirements of paragraph (6) and is not a low loader”; and
d
after item 7 there shall be inserted the following item–
7A
A composite trailer drawn by–
a
a goods vehicle being a motor vehicle having a maximum gross weight exceeding 3500 kg ; or
b
an agricultural motor vehicle
14.04
.
e
in column 2 of item 8, after the word “trailer” where it first occurs there shall be inserted the words “(not being a semi-trailer or composite trailer)”.
3
for paragraph (3) there shall be substituted the following paragraphs–
3
Items 1, 3, 3A and 3B of the Table do not apply to–
a
a vehicle combination which includes a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length, or
b
a vehicle combination consisting of a broken down vehicle (including an articulated vehicle) being drawn by a motor vehicle in consequence of a breakdown.
3A
Items 6, 7, 7A, 8 and 9 of the Table do not apply to–
a
a trailer which is constructed and normally used for the conveyance of indivisible loads of exceptional length,
b
a broken down vehicle (including an articulated vehicle) which is being drawn by a motor vehicle in consequence of a breakdown, or
c
a trailer being a drying or mixing plant designed for the production of asphalt or of bituminous or tar macadam and used mainly for the construction, repair or maintenance of roads, or a road planing machine so used.
3B
Furthermore item 7 does not apply to–
a
a semi-trailer which is a car transporter,
b
a semi-trailer which is normally used on international journeys any part of which takes place outside the United Kingdom.
.
4
For paragraph (6) there shall be substituted the following paragraphs–
6
The requirements of this paragraph, in relation to a semi-trailer, are that–
a
the longitudinal distance from the axis of the king pin or if there is more than one king pin, the foremost one, to the rear of the semi-trailer does not exceed–
i
12.5m in the case of a car transporter, or
ii
12m in any other case; and
b
no point in the semi-trailer forward of the transverse plane passing through the axis of the king pin or, if there is more than one king pin, the rearmost one, is more than–
i
4.19m from the axis of the king pin, in the case of a car transporter, or
ii
2.04m from the axis of the king pin, in any other case.
7
For the purpose of paragraph (6) the longitudinal distance from the axis of the king pin to the rear of a semi-trailer is the distance between a transverse plane passing through the axis of the king pin and the transverse plane passing through the extreme rearward projecting points of the semi-trailer inclusive of all parts of the vehicle, of any receptacle which is of a permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to the vehicle but exclusive of the things set out in paragraphs (i) and (ii)(a) of the definition of “overall length” in the Table in regulation 3(2).
8
Where a broken down articulated vehicle is being towed by a motor vehicle in consequence of a breakdown–
a
paragraph (5) shall have effect in relation to the combination of vehicles as if sub-paragraph (b) were omitted, and
b
for the purposes of paragraph (4) and of paragraph (5) as so modified, the articulated vehicle shall be regarded as a single trailer.
.
Turning circle
5
1
For the heading preceding regulation 13 there shall be substituted–
Turning circle — buses
.
2
After regulation 13 there shall be inserted–
Turning circle — articulated vehicles other than those incorporating a car transporter
13A
1
Subject to paragraphs (2) and (3), this regulation applies to an articulated vehicle having an overall length exceeding 15.
5m.
2
This regulation does not apply to an articulated vehicle, the semi-trailer of which–
a
was manufactured before the 1st April 1990,
b
on that date, had an overall length exceeding 12.2m, and
c
has an overall length that does not exceed the overall length it had on that date.
3
This regulation does not apply to an articulated vehicle the semi-trailer of which is–
a
a car transporter,
b
a low loader,
c
a stepframe low loader, or
d
constructed and normally used for the conveyance of indivisible loads of exceptional length.
4
Every vehicle to which this regulation applies shall be able to move on either lock so that, disregarding the things set out in paragraph (i)(a) to (m) in the definition of “overall width” in the Table in regulation 3(2), no part of it projects outside the area contained between concentric circles with radii of 12.5m and 5.3m.
Turning circle — articulated vehicles incorporating a car transporter
13B
1
Subject to paragraphs (2) and (3) this regulation applies to an articulated vehicle having an overall length exceeding 15.
5m, the semi-trailer of which is a car transporter.
2
This regulation does not apply to an articulated vehicle, the semi-trailer of which satisfied the following conditions–
a
it was manufactured before the 1st April 1990, and
b
the distance from the front of the trailer to the rearmost axle is no greater than it was on that date.
3
This regulation does not apply to an articulated vehicle the semi-trailer of which is–
a
a low loader, or
b
a stepframe low loader.
4
Every articulated vehicle to which this regulation applies shall be able to move on either lock so that, disregarding the things set out in paragraph (i)(a) to (m) in the definition of “overall width” in the Table in regulation 3(2), no part of–
a
the motor vehicle drawing the car transporter, or
b
the car transporter to the rear of the transverse plane passing through the king pin,
projects outside the area between concentric circles with radii of 12.5m and 5.3m.
.
Consequential amendment
6
In regulation 10(4), the definition of “engineering equipment” shall be omitted.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State
Department of Transport
22nd February 1990