text:
1
1
These Regulations may be cited as the Representation of the People (Amendment) Regulations 1990.
2
These Regulations do not extend to Scotland or Northern Ireland.
2
These Regulations shall come into force forthwith, except that:
a
regulations 4, 8, 10 to 14, 16 and 37 shall come into force when sections 1 to 4 of the Representation of the People Act 1989 come into force;
b
regulations 5, 7, 17 to 20 and 33 to 36 shall come into force on the expiry of the period of one month commencing with the day on which these Regulations are made, except that regulations 5 and 33 to 36 shall not apply in respect of an election if the date by which notice of election for that election is required to be published preceded the expiry of that period;
c
regulations 21 and 22(1), (2) and (3)(a) shall come into force on 1st July 1990, except in respect of an election if the date by which notice of election for that election is required to be published preceded that day; and
d
regulations 24, 26, 28(1), 29, 30(1) and (3)(a) and 31(1) shall come into force on 1st April 1990.
3
In these Regulations, “the Regulations of 1986” mean the Representation of the People Regulations 1986 .
4
In regulation 4(1) of the Regulations of 1986 (interpretation), the definition of “overseas attesting officer” shall be omitted.
5
In regulation 5 of the Regulations of 1986 (constituencies not wholly within a district or London borough) —
a
for paragraph (1)(b) there shall be substituted the following —
b
at a parliamentary election, if the registration officer for any part of the constituency is not the acting returning officer for the constituency, he shall forthwith supply to the acting returning officer a copy of the lists compiled under sections 7(4) and 9(9) of the Act of 1985 on completion of the compilation of them.
; and
b
paragraph (2) shall be omitted.
6
In regulation 8(2) of the Regulations of 1986 (copies of documents made available for inspection), for the words “of, or take extracts from,” there shall be substituted the words “(whether in handwriting or by other means) of the whole or any part of”.
7
In regulation 12 of the Regulations of 1986 (return and declaration of election expenses) there shall be substituted —
a
the words “£1.50” for the words “£1.20” in paragraph (2), and
b
the words “15p” for the words “12p” in paragraph (3).
8
In regulation 14 of the Regulations of 1986 (registration of European Parliamentary overseas electors) —
a
at the end of paragraph (2) there shall be added the words “or as the case may be, at which he was resident”; and
b
at the end of paragraph (3) there shall be added the following —
The entry in that Schedule in respect of section 2 of the Act of 1985 is to that section as amended by sections 3 and 4 of the Representation of the People Act 1989 .
.
9
In regulation 16(2) of the Regulations of 1986 (service declaration ceasing to be in force on change of circumstances), for the words from “as (a) a member” to “as the case may be” there shall be substituted the words “by virtue of the category set out in section 14(1) of the Act of 1983 giving that qualification when he made the declaration”.
10
1
In paragraph (1) of regulation 23 of the Regulations of 1986 (content of an overseas elector’s declaration), there shall be substituted —
a
for the words “paragraphs (a) to (e)” the words “paragraphs (a) to (d)”, and
b
for the words “paragraphs (2) and (3)” the words “paragraphs (2) to (7)”.
2
After paragraph (3) of that regulation, there shall be added the following paragraphs —
4
Where a declarant has on a previous occasion made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors and, since being so registered, he has not been registered in a register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom, his overseas elector’s declaration shall state those facts and give the date of the last register in which he was registered in pursuance of an overseas elector’s declaration.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “local government” are substituted for the word “parliamentary” in the second place where it occurs.
5
Where a declarant has not made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors since being included in a register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom, or has never made such a declaration, his overseas elector’s declaration shall state —
a
in the case of a declarant who is the bearer of a British passport which describes his national status as “British citizen”, the number of that passport together with its date and place of issue; or
b
in the case of a declarant who is not the bearer of such a passport, but who was born in the United Kingdom before 1st January 1983, those facts; or
c
in the case of a declarant who is not the bearer of such a passport and who was not born in the United Kingdom before 1st January 1983, when and how he acquired the status of British citizen, together with the date, place and country of his birth.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “local government” are substituted for the word “parliamentary” in the second place where it occurs.
6
Where, in the case of a declarant to whom regulation 24 below applies (and who is accordingly required to transmit a copy of his birth certificate together with his declaration), his name on his birth certificate is not the same as his name as given in his overseas elector’s declaration, that declaration shall state the reason for the change of name.
7
Where, in the case of a declarant to whom regulation 24 below applies, he relies on the registration of either —
a
a parent whose name in the register referred to in section 1(3A)(c) of the Act of 1985 is not the same as the name of that parent as given in either the declarant’s birth certificate or overseas elector’s declaration in accordance with section 2(4)(c)(iii) of the Act of 1985 , or
b
a guardian whose name in the register referred to in section 1(3A)(c) of the Act of 1985 is not the same as the name of that guardian as given in the declarant’s overseas elector’s declaration in accordance with section 2(4)(c)(iii) of the Act of 1985,
that declaration shall state the name of the parent or, as the case may be, guardian as given in the register referred to in section 1(3A)(c) and, where known, the reason for the change or, as the case may be, changes of name or, where such reason (or reasons) is not known, a statement to that effect.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4A)(c)” are subsituted for the words “section 1(3A)(c)”, in each place where those words occur.
.
11
For regulation 24 of the Regulations of 1986 (officers authorised to attest overseas electors' declarations) there shall be substituted the following regulation —
Certain declarants to supply copy of birth certificates
24
1
This regulation applies to a person who has made an overseas elector’s declaration in which he claims to be qualified as an overseas elector by virtue of the conditions set out in section 1(3A) of the Act of 1985, and who has not on a previous occasion made an overseas elector’s declaration in pursuance of which he was registered in a register of parliamentary electors.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4A)” are substituted for the words “section 1(3A)”.
2
Where this regulation applies, a declarant shall transmit together with his overseas elector’s declaration a copy of his birth certificate which shows the names of either or both of his parents as well as his date of birth.
.
12
For regulation 25 of the Regulations of 1986 (attestation of an overseas elector’s declaration) there shall be substituted the following regulation —
Attestation of certain overseas electors' declarations
25
1
An overseas elector’s declaration shall be attested in accordance with the following paragraphs of this regulation except where the declarant has on a previous occasion made such a declaration in pursuance of which he was registered in a register of parliamentary electors and, since being so registered, he has not been included in any register of parliamentary electors by virtue of being resident or treated for the purposes of registration as resident at an address in the United Kingdom.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “local government” are substituted for the word “parliamentary” in the second place where it occurs.
2
An overseas elector’s declaration shall be attested by the bearer of a British passport which describes his national status as a “British citizen” who —
a
is not resident in the United Kingdom;
b
is aged 18 years or over, and
c
knows the declarant, but is not the husband, wife, parent, grandparent, brother, sister, child or grandchild of the declarant.
3
A person shall not attest an overseas elector’s declaration unless he is satisfied, to the best of his knowledge and belief, that the declarant is a British citizen who is not resident in the United Kingdom on the date of the declaration.
4
A person attesting an overseas elector’s declaration shall record on it —
a
his full name and address;
b
that he is the bearer of a British passport which describes his national status as “British citizen” and the number of that passport together with its date and place of issue;
c
that he is aged 18 years or over;
d
that he is not resident in the United Kingdom on the date of the declaration;
e
that he knows the declarant but is not the husband, wife, parent, grandparent, brother, sister, child or grandchild of the declarant; and
f
hat, to the best of his knowledge and belief, the declarant is a British citizen who is not resident in the United Kingdom on the date of the declaration;
and he shall sign the declaration.
.
13
In regulation 27 of the Regulations of 1986 (evidential value of an overseas elector’s declaration), paragraph (1) shall be omitted.
14
For paragraphs (2) and (3) of regulation 28 of the Regulations of 1986 (notification about registration as an overseas elector) there shall be substituted the following paragraphs —
2
Where the registration officer rejects an application for registration in pursuance of an overseas elector’s declaration because —
a
in the opinion of the registration officer he does not qualify as an overseas elector under section 1 of the Act of 1985 , or
b
the declaration does not satisfy the requirements of section 2 of the Act of 1985 or regulation 23 or 25 above, or
c
in the case of a person to whom regulation 24 above applies, the requirement in that regulation has not been complied with,
he shall return the declaration to the declarant and set out his reasons for rejecting the application for registration.
3
For the purposes of the application of this regulation by regulation 14(5) above, paragraphs (1) and (2) above shall have effect as if, in addition to the modifications made by that regulation —
a
in paragraph (1), for the words “sections 1 and 2” there are substituted the words “sections 2 and 3” , and
b
in paragraph (2), for the words “section 1” there are substituted the words “section 3”.
.
15
After regulation 28 of the Regulations of 1986, there shall be inserted the following regulation —
Reminders to overseas electors
28A
1
Subject to paragraph (3) below, the registration officer shall, not earlier than 1st June and not later than 31st July in any year, send to a person registered in pursuance of an overseas elector’s declaration in the current register of parliamentary electors a reminder of the need to make a fresh declaration in order to be so registered in the subsequent register.
2
A reminder under paragraph (1) above shall be sent to the address given in accordance with regulation 23(1) above in the overseas elector’s declaration by virtue of which the overseas elector is currently registered or, where he has subsequently notified the registration officer that he has changed his address to some other address outside the United Kingdom, to that address.
3
Paragraph (1) above does not apply in respect of a person there described where —
a
the registration officer has already received from him an overseas elector’s declaration made with reference to the next qualifying date, or
b
that person has notified the registration officer that he is resident in the United Kingdom, or
c
the period of twenty years referred to in section 1(3)(c) of the Act of 1985 has expired.
For the purposes of the application of this regulation by regulation 14(5) above, this paragraph shall have effect as if, in addition to the modifications made by that regulation, the words “section 3(4)(c)” are substituted for the words “section 1(3)(c)”.
.
16
In regulation 30(1) of the Regulations of 1986 (declarations as to age and nationality) —
a
for the words “, an overseas elector’s declaration or” there shall be substituted the word “or”;
b
at the beginning of sub-paragraph (b) there shall be inserted the words “except in the case of a person who has made an overseas elector’s declaration,”; and
c
after that sub-paragraph there shall be added the words —
or
c
in the case of a person who has made an overseas elector’s declaration, to produce further evidence of his status as a British citizen including a certificate of naturalisation or a document showing that he has become such a citizen by virtue of registration
.
17
In regulation 53 of the Regulations of 1986 (free copies of register), there shall be inserted after paragraph (4) the following paragraph —
4A
The registration officer shall, on publication, supply free of charge to the returning officer for a non-metropolitan county one copy of so much of the register as relates to electoral divisions of that county.
.
18
1
In regulation 54 of the Regulations of 1986 (sale of lists and register), for the words “20p” and “£2”, in each place where those words occur, there shall be substituted, respectively, the words “25p” and “£2.50”.
2
At the end of that regulation, there shall be added the following paragraph:
4
Where prior to 1st November in any year the registration officer has received from any person a notice in which that person —
a
requests that a specified number of copies of the register of electors which is required to be published not later than 15th February in the next following year be supplied to him, and
b
undertakes to pay the fee at the rate set out in paragraph (3)(b) above which applies at the time of the publication of the register,
the registration officer shall, on publication of the register and on payment of that fee for each copy to be supplied, supply to that person the number of copies of the register requested.
.
19
1
In paragraph (6) of regulation 55 of the Regulations of 1986 (supply of data), after the word “(4)”, there shall be inserted the word “(4A)”.
2
In paragraph (8) of that regulation, for the words “ £1.50” and “£25” there shall be substituted, respectively, the words “£1.80” and “£30”.
3
In paragraph (9) of that regulation, for the words “£15” there shall be substituted the words “£18”.
20
1
In paragraph (4) of regulation 56 of the Regulations of 1986 (supply of labels) —
a
for the words “£10” there shall be substituted the words “£12”, and
b
after the word “(3)” there shall be inserted the word “(4A)”.
2
In paragraph (5) of that regulation for the words “ £10” there shall be substituted the words “£12”.
3
In paragraph (6) of that regulation for the words “£20” there shall be substituted the words “£25”.
21
For paragraphs (2) to (5) of regulation 66 of the Regulations of 1986 (additional requirements for applications in respect of a particular election), there shall be substituted the following paragraphs —
2
Such an application —
a
which is received by the registration officer after noon on the thirteenth day (calculated in accordance with regulation 69(6) below) before the date of the poll at the election in question (“the standard closing date for applications”) but before noon on the sixth day (so calculated) before the date of that poll, and
b
in which the circumstances set out in accordance with paragraph (1) above relate to the applicant’s health,
shall —
include a statement to the effect that, before the standard closing date for applications, the applicant could not have reasonably foreseen that those circumstances would, or would be likely to, exist on the date of the poll, and
be attested in accordance with paragraph (3) below and signed by one of the persons specified in sub-paragraphs (a), (b) and (c) of regulation 64(2) above.
3
The person attesting an application under paragraph (2) above shall state —
a
his name and address and the qualification by virtue of which he is authorised to attest it; and
b
that, so far as he is aware, the statement included in the application in pursuance of paragraph (2)(i) above is true.
4
An application under section 7(1) of the Act of 1985 —
a
which is received by the registration officer between the times specified in paragraph (2)(a) above, and
b
in which the circumstances set out in accordance with paragraph (1) above relate to the applicant’s employment either as a constable or by a returning officer on the date of the poll at the election for which the application is made for a purpose connected with that election or some other parliamentary, European Parliamentary or local government election the poll for which is held on the same day,
shall —
i
state the employment in question, and
ii
in addition to the applicant’s signature, be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector or, in the case of a person employed by a returning officer who is not also the registration officer, by that returning officer.
.
22
1
In paragraph (2) of regulation 69 of the Regulations of 1986 (closing dates for applications), for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraph (3)”.
2
For paragraphs (3) and (4) of that regulation, there shall be substituted the following paragraph —
3
Paragraph (2) above shall not apply to an application which satisifies the requirements of either paragraphs (2) and (3) or paragraph (4) of regulation 66 above; and such an application shall be disallowed if it is received by the registration officer after noon on the sixth day before the date of the election for which it was made.
.
3
In paragraph (6) of that regulation —
a
for the words “this Regulation” there shall be substituted the words “regulation 66 and this regulation”;
b
before the words “general election”, in both places where those words occur, there shall be inserted the word “parliamentary”;
c
before the word “by-election” there shall be inserted the word “parliamentary”; and
d
at the end of that paragraph there shall be added the words “; and in relation to a local government election, a day which is a bank holiday under that Act in England and Wales”.
23
In regulation 73 of the Regulations of 1986 (inquiries by registration officer) —
a
in paragraph (1)(b) for the words “paragraph (b)(i), (c), (g) or (h)” there shall be substituted the words “paragraph (b)(i), (c) or (h)” and for the words “paragraph (b)(i), (c), (f) or (g)” there shall be substituted the words “paragraph (b)(i), (c) or (g)”; and
b
in paragraph (2)(b) for the words “(b)(i), (g) or (h)” there shall be substituted the words “(b)(i) or (h)” and for the words “(b)(i), (f) or (g)” there shall be substituted the words “(b)(i) or (g)”.
24
In regulation 78(b) of the Regulations of 1986 (combination of polls), the words “or (3AA)” shall be omitted.
25
In regulation 79(c) of the Regulations of 1986 (form of declaration of identity), for the words “1983 or section 36(3) or (3AA) of that Act of 1983” there shall be substituted the words “1985”.
26
In regulation 83(4) of the Regulations of 1986 (notice of issue of postal ballot papers) and regulation 85(3) of those Regulations (envelopes), the words “or (3AA)” shall be omitted.
27
In regulation 92(3) of the Regulations of 1986 (opening of covering envelopes), after the word “signed” there shall be inserted the words “by the voter” and after the word “authenticated” there shall be inserted the words “by a witness who has signed the declaration and given his name and address”.
28
1
Paragraph (2)(b) of regulation 96 of the Regulations of 1986 (forwarding of documents), and the word “and” immediately preceding it shall be omitted.
2
In paragraph (3) of that regulation, after the words “such packet” there shall be inserted the words “and endorse”.
3
For paragraph (4) of that regulation there shall be substituted the following paragraph —
4
Rules 56 and 57 of the elections rules shall apply to any packet or document forwarded under this regulation.
.
29
Regulation 97(6) of the Regulations of 1986 (combined polls at Inner London Education Authority and London borough council elections) is hereby revoked.
30
1
In paragraph (1) of regulation 99 of the Regulations of 1986 (modification of provisions about expenses in the Act of 1983), the words “(4A)” shall be omitted.
2
In paragraph (3) of that regulation after the words “98 above” there shall be inserted the words “and in respect of the remuneration of presiding officers and clerks”.
3
In paragraph (4) of that regulation —
a
the words “or (3AA)” and sub-paragraphs (b) and (ii) shall be omitted, and
b
after the words “98 above” there shall be inserted the words “and in respect of the remuneration of presiding officers and clerks”.
31
1
In the provision substituted by paragraph (6) of regulation 100 of the Regulations of 1986 (modification of parliamentary elections rules), the words “or in the case of the Inner London Education Authority, that Authority” shall be omitted.
2
In the provision added by paragraph (9) of that regulation after the words “paragraph (1)(d) above” there shall be inserted the words “or in the list of proxies under paragraph (1)(e) above” and before the words “so as to identify” there shall be inserted the words “or, as the case may be, list”.
3
In paragraph (1)(g) of the provisions substituted by paragraph (18) of that regulation after the word “deliver” there shall be inserted the words “or cause to be delivered”.
4
In paragraph (1B)(a) of the provisions substituted by paragraph (18) of that regulation, before the words “open each” there shall be inserted the words “in the presence of the counting agents”.
5
In paragraph (22)(b) of that regulation, for the words “it occurs” there shall be substituted the words “they occur”.
32
For form A in Schedule 2 to the Regulations of 1986 (return by occupier as to residents), there shall be substituted the form set out in Schedule 2 to these Regulations.
33
In form E in Schedule 2 to the Regulations of 1986 (elector’s official poll card), for the first paragraph on the back of the card there shall be substituted the following paragraph —
This card is for information only. You can vote without it, but it will save time if you take it to the polling station and show it to the clerk there.
.
34
1
In the front of form H in Schedule 2 to the Regulations of 1986 (declaration of identity referred to in regulation 79(a)) —
a
the words “or mark” and “(or marked)” shall be omitted; and
b
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”.
2
In the back of that form —
a
in paragraph 1, the words “(or mark)” shall be omitted, and
b
in paragraph 4, the words “, in order to be counted,” shall be omitted.
35
1
In the front of form J in Schedule 2 to the Regulations of 1986 (declaration of identity referred to in regulation 79(b)) —
a
the words “or mark” shall be omitted;
b
before the words “Name of witness” there shall be inserted the words “The voter, who is personally known to me, has signed this declaration in my presence.”; and
c
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”.
2
In the back of that form —
a
in paragraph 1, the words “(or mark)” shall be omitted;
b
in the final sentence of paragraph 2, for the words “paper, or your vote” there shall be substituted the words “papers, or your votes”;
c
in the first sentence of paragraph 3, for the words “the ballot” there shall be substituted the words “each ballot”; and
d
in the final sentence of paragraph 4, the words “, in order to be counted,” shall be omitted.
36
1
In the front of form K in Schedule 2 to the Regulations of 1986 (declaration of identity referred to in regulation 79(c)) —
a
the words “(or mark)” and “(or marked)” shall be omitted, and
b
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”.
2
In the back of the form —
a
in paragraph 1 the words “(or mark)” and “(or marked)” shall be omitted, and
b
for paragraph 4 there shall be substituted the following paragraph —
4
ifferent colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows —
a
place each ballot paper in the correct smaller envelope and seal it;
b
put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;
c
return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of the poll.
.
37
In Schedule 3 to the Regulations of 1986 (application with modifications of provisions of the Acts of 1983 and 1985 for registration of European Parliamentary overseas electors) —
a
the modification in column 2 of that Schedule in respect of the entry in column 1 relating to section 11 of the Representation of the People Act 1983 shall be omitted, and
b
after that entry there shall be inserted in column 1 of the Schedule the words “In section 12 (right to be registered), subsection (5)”.
David Waddington
One of Her Majesty’s Principal Secretaries of State Home Office
8th March 1990


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises 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 3rd December 1990.
Douglas Hogg
Minister for Industry and Enterprise,
Department of Trade and Industry
8th October 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (Blight Provisions) Order 1990 and shall come into force on 1st April 1990.
2
In this Order “ the Act ” means the Town and Country Planning Act 1971.
Amendments to blight provisions in consequence of the Local Government Finance Act 1988
2
In section 192(4)(b) of the Act (interest qualifying for protection) omit “in a case not falling within the preceding paragraph,”.
3
In section 207 of the Act (interpretation)–
a
for the definition of “annual value” in subsection (1) substitute–
“annual value” means–
in the case of a hereditament which is shown in a local non-domestic rating list and none of which consists of domestic property or property exempt from local non-domestic rating, the value shown in that list as the rateable value of that hereditament on the date of service;
in the case of a hereditament which is shown in a local non-domestic rating list and which includes domestic property or property exempt from local non-domestic rating, the sum of the value shown in that list as the rateable value of that hereditament on the date of service and the appropriate value;
in the case of any other hereditament, the appropriate value,
and expressions used in this definition (or in the definition of “appropriate value”) which are also used in Part III of the Local Government Finance Act 1988 have the same meaning as in that Part;
;
b
for the definition of “hereditament” in subsection (1) substitute–
“hereditament” means a relevant hereditament within the meaning of section 64(4)(a) to (c) of the Local Government Finance Act 1988;
;
c
after the definition of “annual value” substituted by paragraph (a) add–
“appropriate value”, in relation to the annual values mentioned in paragraphs (ii) and (iii) of the definition of “annual value”, means the value attributable to the hereditament (in the case of a hereditament to which paragraph (iii) of that definition applies) or the non-rateable part of the hereditament (in the case of a hereditament to which paragraph (ii) of that definition applies) in accordance with the following provisions of this definition–
the value attributable in respect of domestic property shall be the value certified by the relevant valuation officer as being 5 per cent of the compensation which would be payable in respect of the value of that property if it were purchased compulsorily under statute with vacant possession and the compensation payable were calculated in accordance with Part I of the Land Compensation Act 1961 by reference to the relevant date;
the value attributable in respect of property exempt from local non-domestic rating shall be the value certified by the relevant valuation officer as being the value which would have been shown as the rateable value of that property on the date of service if it were a relevant non-domestic hereditament consisting entirely of non-domestic property none of which was exempt from local non-domestic rating,
and in this definition “relevant valuation officer” means the valuation officer who would have determined the rateable value in respect of the hereditament for the purposes of Part III of the Local Government Finance Act 1988 if the hereditament had fulfilled the conditions set out in section 42(1)(b) to (d) of that Act, and the “relevant date” is the date by reference to which that determination would have been made;
;
d
for subsection (2) substitute–
2
Land which would comprise separate hereditaments within the definition of “hereditament” in subsection (1) solely by reason of being divided by a boundary between rating areas shall be treated as if it were not so divided for the purpose of that definition.
;
e
omit subsections (3) and (4).
Limit of annual value
4
The amount prescribed for the purposes of section 192(4)(a) of the Act is £18,000.
Revocation
5
The Town and Country Planning (Limit of Annual Value) Order 1973 is hereby revoked.
Signed by Authority of the Secretary of State for the Environment
Michael Spicer
Minister of State,
Department of the Environment
6th March 1990
Signed by Authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
7th March 1990


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Midwives Training) Amendment Rules Approval Order 1990 and shall come into force on 1st September 1990.
Cecil Parkinson
One of Her Majesty’s Principal Secretaries of State
6th August 1990


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 8 and Transitional Provisions) Order 1990.
2
In this Order —
“the 1985 Act ” means the Housing Act 1985 and
“the 1989 Act ” means the Local Government and Housing Act 1989.
3
The following provisions of the 1989 Act shall come into force on 1st July 1990 subject to the transitional provisions and savings in the Schedule to this Order —
sections 67 to 72 in so far as they are not already in force,
section 73,
sections 101(1) to (4) and (5)(a), 102 to 130 and 132 to 136 in so far as they are not already in force,
section 165(1) in so far as it is not already in force,
section 169(2)(b) and (c),
section 194(1) in so far as it relates to paragraphs 3, 21, 28(1) and (2) in so far as it confers a power to make regulations on the Secretary of State, 52, 63, 66 to 69, 90, 91 and 97 of Schedule 11,
section 194(4) in so far as it relates to the repeals, in Part II of Schedule 12, of the Local Authorities (Expenditure Powers) Act 1983 and, to the extent that such repeals are not yet in force, in the 1985 Act except for the repeal of sections 524 to 526 of that Act.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
13th June 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Family Health Services Authorities (Membership and Procedure) Regulations 1990 and shall come into force on 17th September 1990.
2
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“appointing authority” means —
in the case of an Authority in England —
in relation to its Chairman, the Secretary of State, and
in relation to members appointed under paragraph 4 (1) (b) of Schedule 1 to the 1990 Act, the relevant Regional Health Authority,
in the case of an Authority in Wales, the Secretary of State;
“Authority” means a Family Health Services Authority established by the Secretary of State under section 10(1) of the 1977 Act
“Dental Practice Board” means the Board referred to in section 37 (1) of the 1977 Act ;
“health service body” means —
a health authority, a Family Health Services Authority or a National Health Service trust;
a Health Board, a Special Health Board, the Common Services Agency for the Scottish Health Service and a National Health Service Trust respectively constituted under sections 2, 10, and 12A of the National Health Service (Scotland) Act 1978( ;
a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984
the Dental Practice Board or Scottish Dental Practice Board;
the Public Health Laboratory Service Board; and
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970
“medical audit committee” means a committee whose functions are concerned with the analysis of the quality of medical care;
“member” means a member of an Authority including its Chairman;
“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under the 1977 Act;
“service committee” means a medical, pharmaceutical, dental or ophthalmic service committee, a joint services committee or a denture conciliation committee established under the National Health Service (Service Committees and Tribunal) Regulations 1974 ;
“trade union” has the meaning assigned to it in section 28 of the Trade Union and Labour Relations Act 1974 .
3
In these Regulations, a reference to a numbered regulation is to the regulation bearing that number in these Regulations and a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Membership of Authorities
2
1
For the purposes of paragraphs 4(1) (b) and 5 (1) (b) of Part II of Schedule 1 to the 1990 Act, the number of members (excluding the Chairman) to be appointed to each Authority by its appointing authority shall be nine.
2
For the purposes of and subject to paragraphs 4(2) and 5(2) of Part II of Schedule 1 to the 1990 Act the members of an Authority appointed under paragraphs 4(1) (b) and 5 (1) (b) of Part II of Schedule 1 to the 1990 Act shall fulfil the following conditions —
a
one shall at the time of his appointment be a medical practitioner who provides general medical services under Part II of the 1977 Act;
b
one shall at the time of his appointment be a dental practitioner who provides general dental services under Part II of the 1977 Act;
c
one shall at the time of his appointment be a registered pharmacist who provides or assists in providing pharmaceutical services under Part II of the 1977 Act;
d
one shall be a person who is registered in the register of qualified nurses, midwives and health visitors (maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979 ) as either
i
a registered nurse with an additional recorded qualification in district nursing,
ii
a registered midwife, or
iii
a registered health visitor,
and who has had, in the twelve months immediately preceding his appointment, experience of managing services to patients (other than patients resident in hospital) in any such capacity;
e
the five others shall be persons who do not provide, or assist in providing, Part II services.
Term of office
3
1
Subject to paragraph (2) and to regulations 4 and 7, a member’s term of office shall be for such period, not exceeding four years, as the appointing authority shall specify on appointing him.
2
The term of office of a member appointed to replace a member whose term of office ceased before the expiry of the period for which he was appointed shall be for the remainder of that period.
Termination of term of office
4
1
A member may resign his office at any time following his appointment by giving notice in writing to that effect to the appointing authority.
2
The date on which a resignation by notice given pursuant to paragraph (1) shall take effect shall be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the appointing authority.
3
If a member has not attended for six consecutive months a meeting of the Authority of which he is a member the Chairman of the Authority shall cause the Secretary of State to be so informed, whereupon the Secretary of State shall terminate the term of office of that member unless he is satisfied both that the absence was due to reasonable cause and that the member will be able to attend meetings within a reasonable time.
4
If it appears to the Secretary of State that a member of an Authority has failed to comply with regulation 13(1) (disclosure etc. on grounds of pecuniary interest) he may forthwith terminate that person’s term of office.
5
The appointing authority may with the consent of the Secretary of State (unless he is the appointing authority)terminate the term of office of a member who —
a
was originally registered —
i
in the register of medical practitioners kept under section 2 of the Medical Act 1983 or in the register of medical practitioners with limited registration kept under that section, or
ii
in the dentists register kept under section 14 of the Dentists Act 1984 ,
but then has his name erased from the register or has his registration suspended;
b
was originally registered in the register of pharmaceutical chemists maintained under section 2 (1)of the Pharmacy Act 1954 but then has his name removed from the register either under section 13(1) (b) of that Act or pursuant to a direction under section 8 (1) (ii) of that Act;
c
originally had his name on a list prepared under Part II of the Act but then has his name withdrawn from that list.
6
If the appointing authority is of the opinion that it is not in the interest of the health service in the locality for which an Authority is established that a member should continue to hold office on that Authority it may, with the consent of the Secretary of State (unless he is the appointing authority), terminate his term of office.
7
The appointing authority shall terminate such term of office as a person has as member of an Authority —
a
if that person becomes disqualified for appointment under regulation 6; or
b
if it comes to the appointing authority’s notice that that person was originally so disqualified.
8
In paragraphs (5) and (7) “originally” means, in relation to a person’s term of office, the date on which he was appointed as a member in respect of that term of office.
Reappointment
5
Subject to regulations 6 and 7, a member shall, on the expiry or earlier termination of his term of office, be eligible for reappointment.
Disqualification for Appointment
6
1
Subject to regulations 7 and 9, a person shall be disqualified for appointment as a member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he has had his name removed, by a direction under section 46 of the 1977 Act, from any list prepared under Part II of the Act and has not subsequently had his name included in such a list;
e
he is a person whose term of office has been terminated pursuant to paragraph (3), (5) (a), (b) or (c) or (6) of regulation 4;
f
subject to paragraph (3), he holds any paid appointment or office with a health authority, an NHS trust or another Authority;
g
he holds any paid appointment or office with the Dental Practice Board other than membership of that Board;
h
he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body.
2
For the purposes of paragraph (1) (a) the date of conviction is the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of not being prosecuted.
3
A person shall not be disqualified under paragraph (1) (f) by virtue of holding a paid office or appointment where —
a
he is a person who is appointed under regulation 2 (2) (d); or
b
he is a person providing Part II services and the paid appointment or office is a part-time appointment or office, other than as Chairman or as member, with a health authority;
c
he is Chairman of an Authority and the paid appointment or office is membership of a Regional Health Authority.
Exceptions for members who are chief officers
7
The provisions of regulations 3, 4, 5, 6 and 9 shall not apply to a member who is appointed by virtue of paragraphs 4 (1) (c) or 5 (1) (c) of Schedule 1 to the 1990 Act (chief officers of authorities).
Suspension from functions of membership of members who are chief officers and sharing of officer membership
8
1
If such a member as is specified in regulation 7 (chief officers) of an Authority is suspended from his post in the Authority, he shall be suspended from performing his functions as member for the period of the suspension.
2
Where more than one person is appointed to a post in the Authority which qualifies the holder to be such a member those persons shall become such a member jointly.
Cessation of disqualification
9
1
Where a person is disqualified under regulation 6 (1) (b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 6 (1) (b) by reason of his having made a composition or arrangement with his creditors, the disqualification shall cease —
a
if he pays his debts in full, on the date on which payment is completed;
b
in any other case, on the expiry of the period of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 6 (1) (c) he may, after the expiry of a period of not less than two years from the date of dismissal, apply in writing to the Secretary of State to remove the disqualification and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application made by a person to remove a disqualification no further application may be made by that person until the expiry of the period of two years from the date of that application.
5
Where a person is disqualified under regulation 6 (1) (e), the disqualification shall cease on the expiry of the period of two years from the date on which his term of office is terminated or such longer period as the appointing authority may specify when terminating his term of office, but the Secretary of State may, on application being made to him by that person or by the appointing authority, reduce the period of disqualification.
Vice-chairman
10
1
Subject to paragraph (2), the members of an Authority may appoint one of their number, who is not the chief officer of the Authority, to be vice-chairman, for such period, not exceeding the remainder of his term as a member of the Authority, as they may specify on appointing him.
2
A member appointed as vice-chairman may at any time resign his office as vice-chairman by giving notice in writing to the Chairman.
3
Where the Chairman of an Authority has died or has ceased to hold office, or where he is unable to perform his duties as Chairman owing to illness, absence from England and Wales or any other cause, the vice-chairman shall act as Chairman until a new Chairman is appointed or the existing Chairman resumes his duties, as the case may be.
Committees
11
1
Subject to such directions as may be given by the Secretary of State, or the relevant Regional Health Authority, an Authority may, and if so directed by the Secretary of State or the relevant Regional Health Authority shall, appoint committees of the Authority or, together with one or more other Authorities, appoint joint committees, consisting in either case wholly or partly of the members of the Authority or Authorities or wholly of persons who are not members of the Authority or Authorities in question.
2
On a committee or joint committee appointed under paragraph (1), except a service committee, a committee whose sole function is to advise the Authority or a medical audit committee, the majority of the members shall be persons who do not provide, or assist in providing, Part II services.
3
Subject to any directions given by the Secretary of State, or the relevant Regional Health Authority, an Authority may make arrangements for the exercise, on its behalf, of any of its functions by a committee or joint committee appointed under paragraph (1) or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
4
The provisions of regulations 3, 4, 5, 6 and 9 apply to a committee and to a joint committee appointed under paragraph (1) except a service committee, a committee whose sole function is to advise the Authority or a medical audit committee as they apply to an Authority and apply to a member of such a committee or joint committee other than an officer of an Authority (whether or not he is also a member of an Authority) as they apply to a member of an Authority as though references to the appointing authority or the Secretary of State were references to an Authority and as though in regulations 4(5) and 4(6) the words from “with the consent of” to “appointing authority” were omitted.
Meetings and proceedings
12
1
The meetings and proceedings of an Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to the rules set out in that Schedule, to regulation 13 and to such directions as may be given by the Secretary of State or the relevant Regional Health Authority an Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business which may include provision for suspension of the Standing Orders.
Disability of members in proceedings on account of pecuniary interest
13
1
Subject to the following provisions of this regulation, if a member has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Authority at which the matter is under consideration —
a
he shall at the meeting and as soon as practicable after its commencement disclose the fact that he has such an interest; and
b
he shall not take part in the consideration or discussion of that matter or vote on any question with respect to it.
2
An Authority may, by its Standing Orders, provide for the exclusion of a member from a meeting of the Authority while any matter in which he has a pecuniary interest, direct or indirect, is under consideration.
3
Subject to paragraphs (4) and (5), a member shall be treated for the purposes of this regulation as having an indirect pecuniary interest in a matter if he is connected with a person —
a
who has a direct pecuniary interest in that matter; or
b
where that matter is a contract, with whom the contract is or is proposed to be made;
and for those purposes a member is connected with a person if he is in the employment of, or is a partner of, that person and also if, where that person is a company, the member or a nominee of his is a director of that company.
4
A member shall not be treated as having a pecuniary interest in any matter by reason only —
a
of his membership of a company if he has no beneficial interest in any securities of that company;
b
of an interest of his as a person providing Part II services which cannot reasonably be regarded as an interest more substantial than that of others providing such of those services as he provides;
c
of an interest of his or of any person with whom he is connected which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that matter; or
d
that a sum may be payable to him under paragraph 9 of Schedule 5 to the 1977 Act (pay and allowances).
5
Where —
a
a member has an indirect pecuniary interest in a matter by reason only of a beneficial interest in securities of a company; and
b
the total nominal value of those securities does not exceed —
i
£5,000, or
ii
one-hundredth of the total value of the issued share capital of the company, whichever is the lesser sum; and
c
if the share capital of the company is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
that member is not prohibited by this regulation by reason of that pecuniary interest from taking part in the consideration or discussion of that matter or from voting on any question with respect to it, but without prejudice to his duty to disclose his interest.
6
For the purposes of this regulation the interest of one of a married couple living together shall, if known to the other of that couple, be treated as being also an interest of that other.
7
This regulation applies to a committee and to a joint committee appointed under regulation 11(1) as it applies to an Authority and applies to a member of such committee or joint committee (whether or not he is also a member of an Authority) as it applies to a member of an Authority.
8
In this regulation —
“company” includes any body of persons except a public body; and for this purpose “public body” includes —
any body established for the purpose of carrying on under national ownership any industry or undertaking,
the governing body of any university, university college or college, school or hall of a university, and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907( );
“securities” means —
shares or debentures whether constituting a charge on the assets of the company or not, or rights or interests in any shares or such debentures, or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial and provident society or building society;
“shares” means shares in the share capital of a company or stock of a company.
9
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
Revocations
14
The Family Practitioner Committees (Membership and Procedure) Regulations 1985 are hereby revoked.
K. Clarke
Secretary of State for Health
2nd July 1990
David Hunt
Secretary of State for Wales£
2nd July 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Reorganisation (Superannuation and Compensation) Regulations 1990 and shall come into force on 1st April 1990, but regulation 2 shall have effect as from 14th July 1989 and regulation 6 shall have effect as from 28th February 1986.
2
In these Regulations, unless the context otherwise requires —
“the 1988 Act ” means the Education Reform Act 1988 ;
“the principal Regulations ” means the Local Government Superannuation Regulations 1986 ;
“former employer” means the former employer within the meaning of section 174 of the 1988 Act;
“new employer” means the new employer within the meaning of section 172 or, as the case may be, section 174 of the 1988 Act;
and any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Continuity of employment in certain cases
2
1
This regulation applies —
a
to any person who is designated for the purposes of section 172 of the 1988 Act (power to transfer staff), if the new employer is a scheduled body, and
b
to any person to whom section 174 of that Act (continuity of employment in certain cases of voluntary transfer) applies, if —
i
the new employer is a scheduled body, and
ii
where the former employer is the London Residuary Body, the termination of the person’s employment is not attributable to an order under section 187(5) of that Act giving effect to a scheme for the winding-up of that body.
2
The principal Regulations shall have effect in relation to a person to whom this regulation applies as if on the relevant date he had been transferred as mentioned in paragraph (a)(vi) of the definition of “transferred employee” in regulation H1 of those Regulations (certain transfers under the Local Government Act 1972 ).
3
In paragraph (2), “on the relevant date” means —
a
where paragraph (1)(a) applies, on 1st April 1990, and
b
where paragraph (1)(b) applies, immediately after the person concerned ceased to be employed by the former employer.
Determination of questions
3
1
Any question concerning the application of regulation 2 to a person shall be decided in the first instance by the scheduled body which is his new employer.
2
The scheduled body shall notify the person in writing of its decision, and in its notification it must —
a
give reasons for its decision, and
b
inform the person of his right under paragraph (3) to institute proceedings and of the address to which any application instituting such proceedings should be sent.
3
If —
a
the person is dissatisfied with the scheduled body’s decision in his case, or
b
the scheduled body has not, within 6 months after 1st April 1990 or, as the case may be, after his ceasing to be employed by his former employer, notified him of a decision,
he may institute proceedings for the determination of the question by an industrial tribunal established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965 .
4
The right conferred by paragraph (3) above is without prejudice to any right to make such a reference to an industrial tribunal as is mentioned in section 101(1)(c) of the Employment Protection (Consolidation) Act 1978 (reference of question as to right to or amount of redundancy payment).
Election to retain preserved benefits
4
1
This regulation applies to a person who, but for regulation 2 above, would become entitled to preserved benefits on ceasing to hold his employment under the former employer.
2
A person to whom this regulation applies may elect to be treated for the purposes of the principal Regulations as if —
a
regulation 2 above did not apply to him and he had accordingly become entitled to preserved benefits, and
b
he had elected under regulation E2(9)(c) of the principal Regulations to remain so entitled.
3
An election under this regulation must be made by giving notice in writing to the appropriate administering authority, within 3 months after the person commences employment under the new employer or within 3 months after 1st April 1990, whichever is the later, unless the appropriate administering authority or, where there is a change of fund, the administering authorities of both funds, allow a longer period.
Right to opt out
5
Regulation 2 above shall not apply to any person to whom at any time before 1st April 1990 any benefit (including a return of contributions and any pension payable to a widow or any dependent by virtue of a surrender) was being paid or became or might have become payable if —
a
he is placed by that regulation in a worse position than he would have been in if it had not applied in relation to that benefit, and
b
that regulation applies in relation to a benefit paid or payable in respect of a person who —
i
ceased before 1st April 1990 to hold an employment in respect of which he was a pensionable employee, or
ii
died before that date while still in such an employment, and
c
the first-mentioned person, by notice in writing given to the appropriate administering authority within 3 months after 1st April 1990, elects that regulation 2 shall not apply to him.
Compensation for loss or diminution of emoluments
6
Regulation 7 of the Local Government Reorganisation (Compensation) Regula-tions 1986 is amended —
a
in paragraph (2)(b), by substituting for the words from “for” to “service” the words “throughout the previous 3 years by one or more of the employers referred to in the Appendix to Schedule 2 to the Redundancy Payments (Local Government) (Modification) Order 1983 ”;
b
in paragraph (2)(d), by the substitution for the words “in relevant local government service consisting of service with” of the word “by”.
Signed by authority of the Secretary of State
David Hunt
Minister of State,
Department of the Environment
7th March 1990


text:
1
1
This Order may be cited as the Animals (Scientific Procedures) Act (Fees) Order 1990 and shall come into force on 1st January 1991.
2
This Order does not extend to Northern Ireland.
3
In this Order “ the Act ” means the Animals (Scientific Procedures) Act 1986.
4
The Animals (Scientific Procedures) Act (Fees) Order 1989 is hereby revoked.
2
The annual fee payable by the holder of a certificate issued under section 6 of the Act (scientific procedure establishments) in respect of any calendar year during the whole or part of which the certificate is in force shall consist of the fixed element specified in article 3 below and the additional element calculated in accordance with article 4 below.
3
The fixed element shall be £110 payable on each occasion that an annual fee falls due.
4
The additional element shall be £99, payable for each person who holds–
a
a personal licence which specifies the establishment to which the certificate relates as the place where the licence is primarily available; or
b
a licence which is treated as a personal licence under paragraph 1 of Schedule 4 to the Act and which names the establishment to which the certificate relates as the only or first-named place where the person is authorised to perform experiments,
at any time during the period to which the fee relates when the certificate is in force.
5
The annual fee payable by the holder of a certificate issued under section 7 of the Act (breeding and supplying establishments) in respect of any calendar year during the whole or part of which the certificate is in force shall be £500 unless the place specified in the certificate is also specified in a certificate issued under section 6 of the Act.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
5th December 1990


text:
1
For the purpose of connecting the motorway with other highways, so as to affect junctions at the places stated in the schedule hereto, the Secretary of State is authorised to provide along the routes described in the said schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the site plans numbered 1 to 3 in the deposited plan.
3
The special roads, insofar as they will consist of newly constructed road, shall become trunk roads on the date when this Scheme comes into force.
6
In this Scheme —
i
“the Motorway”
means the special road to be provided in pursuance of the M3 Motorway (Bar End — Compton Section) Scheme 1990 ;
ii
“the deposited plan”
means the plan folio numbered CSE403/4B/26/013 marked “The M3 Motorway (Bar End — Compton Section) Connecting Roads Scheme 1990”, containing 3 maps bound together, and numbered 1 to 3 inclusive, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the special roads”
means all the special roads which the Secretary of State is authorised by this scheme to provide.
5
This Scheme shall come into force on 14th March 1990 and may be cited as the M3 Motorway (Bar End — Compton Section) Connecting Roads Scheme 1990.
Signed by authority of the Secretary of State for Transport
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
6th March 1990


text:
Citation and commencement
1
1
This Order may be cited as the Caribbean Territories (Control of Gold, Securities, Payments and Credits: Kuwait and Republic of Iraq) Order 1990.
2
This Order shall come into operation forthwith.
Extent of Order
2
1
This Order extends to the following territories: —
Anguilla
British Virgin Islands
Cayman Islands
Montserrat
Turks and Caicos Islands.
2
In the application of this Order to any of the said territories the expression —
a
“the Territory” means that territory;
b
“the Governor” means the Governor or other officer administering the government of the Territory;
c
“the Attorney-General” means the Attorney-General or other principal law officer of the Territory:
Provided that —
i
if there is no such office established for the Territory the reference to the Attorney-General shall be construed as if it were a reference to the Governor; and
ii
if by the law of the Territory power is vested to the exclusion of any other person in some officer other than the principal law officer to take over and continue criminal proceedings instituted before any civil court of the Territory by any other person or authority the said reference shall be construed as if it were a reference to that other Officer.
Control of Gold, Securities, Payments and Credits
3
1
Except with permission granted by or on behalf of the Governor, no direction given by or on behalf of the Government of Kuwait or the Government of the Republic of Iraq, or by or on behalf of any person resident in Kuwait or the Republic of Iraq at the time of the commencement of this Order or at any later time while this Order is in force, shall be carried out insofar as the direction —
i
requires the person to whom the direction is given to make any payment or to part with any gold or securities; or
ii
requires any change to be made in the persons to whose credit any sum is to stand or to whose order any gold or security is to be held.
2
In this section: —
“gold” means gold coin or gold bullion;
“security” includes —
shares, stocks, bonds, notes, debentures, and debenture stock;
a deposit receipt in respect of the deposit of securities;
a negotiable receipt or other negotiable certificate or document evidencing the deposit of a sum of money;
a promissory note;
a unit or a sub-unit of a unit trust;
an annuity or a life insurance policy or other contract entered into with an assurance company for securing a payment in the future of any capital sums or of an annuity;
a warrant conferring an option to acquire a security;
a share in an oil royalty.
3
Any consent or permission granted by or on behalf of the Governor under this section may be granted either absolutely or subject to conditions.
Penalties
4
1
If any person contravenes or fails to comply with this Order, he shall be guilty of an offence and shall be liable: —
a
on conviction before a superior court, to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the equivalent of £500 or to both.
2
Where an offence under this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
No proceedings for an offence against this Order shall be instituted except by or with the consent of the Attorney-General of the Territory.
G. I. de Deney
Clerk of the Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 and shall come into force on 31st May 1990.
2
in these Regulations —
“ the Act ” means the Housing Act 1988;
“the 1989 Regulations ” means the Housing (Change of Landlord) (Prescribed Forms) Regulations 1989 ;
“capital expenditure on housing” means —
in a case where the relevant financial year starts on or after 1st April 1990, the amount which is certified by an auditor appointed by the Audit Commission for Local Authorities in England and Wales as the expenditure of the landlord incurred during the relevant financial year for capital purposes (within the meaning of section 40 of the Local Government and Housing Act 1989) in the exercise of housing functions under the Housing Act 1985 , the Housing Associations Act 1985 , the Act and the 1989 Act;
in any other case, the amount which is certified by such auditor as the expenditure (being expenditure included in the capital accounts of the landlord) incurred by the landlord during the relevant financial year in the exercise of functions under the Housing Act 1985, the Housing Associations Act 1985 and the Act;
“financial year” means a period of twelve months begining on 1st April;
“relevant financial year” means the financial year which, at the date of the service of the notice referred to in section 99(7), is the most recent financial year for which the audit of the landlord’s accounts has been concluded;
“relevant payment” means any payment (other than that of interest) in respect of any disposal cost under Part IV of the Act which, at the date of the notice referred to in section 99(7), the landlord has an obligation to make during any financial year after the financial year in which that notice was served or given.
3
References in these regulations to sections by number are references to sections bearing those numbers in the Act.
Information relating to payment of disposal cost by instalments
2
1
The information prescribed for the purposes of section 99(8) is —
a
the date of the last day in the relevant financial year;
b
the capital expenditure on housing for the relevant financial year;
c
the total of any relevant payments, the dates of completion of acquisitions giving rise to them, the amount of each payment and the date on which each payment is due.
2
The said information shall be furnished to the applicant in the form of either Parts H to J of the form of notice set out in Schedule 4 to the 1989 Regulations or Parts B, C and D of the form of notice set out in Schedule 8 to those Regulations.
3
The said information shall be certified —
a
by the landlord’s chief finance officer or a person acting on his behalf, by the signing of the certificate in Part K of the form of notice set out in Schedule 4 to the 1989 Regulations or of the certificate in Part E of the form of notice set out in Schedule 8 to those Regulations, and
b
by an auditor appointed by the Audit Commission for Local Authorities in England and Wales, by the signing of the certificate set out in Part L of the form of notice set out in the said Schedule 4 or of the certificate in Part F of the form set out in the said Schedule 8.
Payment by instalments
3
1
The cases prescribed for the purposes of section 104(2A) are those where the amount of the disposal cost in relation to the acquisition is not less than 7 per cent. of the capital expenditure on housing of the landlord.
2
In any case to which section 104(2A) applies, the disposal cost may be paid by instalments of such amounts, at such times and over such period as is prescribed in accordance with the following Table —
TABLE
Total of disposal cost and any relevant payments, expressed as percentage of capital expenditure on housing Prescribed amount of each instalment Prescribed period over which and time when instalments are payable Not less than 7 and a half per cent. but less than 15 per cent. 50 per cent. of disposal cost, together with interest in accordance with paragraph (3) below Two years, payable 12 and 24 months after completion of acquisition Not less than 15 per cent. 33 and one third per cent. of disposal cost but less than 25 per together with interest cent. in accordance with paragragh (3) below Three years, payable 12, 24 and 36 months after completion of acquisition Not less than 25 per cent. but less than 35 per cent. 25 per cent. of disposal cost, together with interest in accordance with paragraph (3) below Four years, payable 12, 24, 36 and 48 months after completion of acquisition Not less than 35 per cent. 20 per cent. of disposal cost, together with interest in accordance with paragraph (3) below Five years, payable 12, 24, 36, 48 and 60 months after completion of acquisition
3
The interest included in the amount of an instalment shall be calculated at the rate of 154 per cent. on the amount outstanding on completion of the acquisition or, as the case may be, immediately after payment of the previous instalment for the period from the date of completion or the payment of that instalment (as the case may be) to the date of payment of the present instalment.
Chris Patten
Secretary of State for the Environment
3rd May 1990
Peter Walker
Secretary of State for Wales
3rd May 1990